Page 98 - Hollard Business Branch Policy Wording
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Employer's Liability (Claims-made Basis)
EMPLOYER'S LIABILITY (CLAIMS-MADE BASIS)
DEFINED EVENTS
Damages which the Insured shall become legally liable to pay consequent upon death of or bodily injury to or illness of any person employed under a contract of service or appren ceship with the Insured, which occurred in the course of and in connec on with such person's employment by the Insured within the territorial limits and on or a er the retroac ve date shown in the Schedule, and which results in a claim or claims rst being made against the Insured in wri ng during the period of insurance.
LIMIT OF INDEMNITY
The amount payable, inclusive of any legal costs recoverable from the Insured by a claimant or any number of claimants, and all other costs and expenses incurred with the Company's consent for any one event or series of events with one original cause or source, shall not exceed the limit of indemnity stated in the Schedule.
TERRITORIAL LIMITS
Worldwide (excluding the USA and Canada opera ons), but not in connec on with:
1. any busines carried on by the Insured at or from premises outside;
2. any contract for the performance of work outside;
the Republic of South Africa, Namibia, Botswana, Lesotho, Swaziland, Zambia, Zimbabwe, Malawi and Mozambique.
SPECIFIC EXCEPTIONS
This Sec on does not cover:
1. liability assumed by the Insured under any contract, undertaking or agreement where such liability would not have a ached to the Insured in the absence of such contract, undertaking or agreement;
2. liability for disease or impairment a ributable to a gradually opera ng cause which does not arise from a sudden and iden able accident or event;
3. nes, penal es, puni ve, exemplary or vindic ve damages;
4. 4.1 damages in respect of judgements delivered or obtained in the rst instance otherwise than by a court of competent jurisdic on within the Republic of South Africa, Namibia, Botswana, Lesotho and Swaziland;
4.2 costs and expenses of li ga on recovered by any claimant from the Insured which are not incurred in and recoverable in the area described in 4.1 above;
5. any claim arising from an event known to the Insured:
5.1 which is not reported to the Company in terms of General Condi on 6;
5.2 prior to incep on of this Sec on;
6. any claim (in the event of cancella on or non-renewal of this Sec on) not rst made in wri ng against the Insured within the 48 (forty eight) month period (or extended period in respect of minors) as speci ed in Speci c Condi on 2.
SPECIFIC CONDITIONS
1. Any claim rst made in wri ng against the Insured as a result of a de ned event reported in terms of General Condi on 6 (hereina er termed 'reported event') shall be treated as if it had rst been made against the Insured on the same day that the Insured reported the event to the Company.
Hollard Business Policy – Branch – Version 1 2018 Page | 97