Page 179 - Hollard Business Policy - Binder

Motor Traders Risk
PROVIDED THAT:
1. the Company shall not be liable for loss of or damage to any motor vehicle being used for the purposes other than that stated in Description of Use;
2. the payment by the Insured of subsidies or travelling allowances to such person for the use of their own vehicle for official purposes of the Insured, including the carriage of persons for such purposes is allowed without prejudice to the insurance by this Extension;
3. if, at the time of the occurrence of any accident giving rise to a claim under this Extension, the Insured or such person is entitled to indemnity under any other policy in respect of the same occurrence, the Company shall not be liable to make any payment hereunder except in respect of any excess beyond the amount payable under such other policy;
4. the Terms, Exceptions and Conditions of this Policy shall otherwise apply;
5. the Company's liability shall not exceed the limit in the Schedule for each and every occurrence.
Legal liability of passengers for acts of negligence
The Company will at the request of the Insured indemnify in terms of Sub-Section B of this Section any person using the vehicle;
PROVIDED THAT:
such person:
1. is not personally driving or in control of the vehicle;
2. is not entitled to indemnity under any other policy;
3. is not under the influence of intoxicating liquor or drugs;
4. shall as though such person were the Insured, observe, fulfill and be subject to the Terms, Exceptions and Conditions of this Section in so far as they can apply.
Riot and strike
Subject otherwise to the Terms, Conditions, Exclusions, Exceptions and Warranties contained therein, this Section is extended to cover damage directly occasioned by or through or in consequence of:
1. civil commotion, labour disturbances, riot, strike or lockout;
2. the act of any lawfully established authority in controlling, preventing, suppressing or in any other way dealing with any occurrence referred to in 1. above;
PROVIDED THAT:
this Extension does not cover:
1. loss or damage occurring in the Republic of South Africa and Namibia;
2. consequential or indirect loss or damage of any kind or description whatsoever, other than loss of rent if specifically Insured;
3. loss or damage resulting from total or partial cessation of work, or the retarding or interruption or cessation of any process or operation;
4. loss or damage occasioned by permanent or temporary dispossession resulting from confiscation, commandeering or requisition by any lawfully constituted authority;
5. loss or damage related to or caused by any occurrence referred to in General Exception 1.1.2, 1.1.3, 1.1.4, 1.1.5 or 1.1.6 of this Policy or the act of any lawfully established authority in controlling, preventing, suppressing or in any other way dealing with any such occurrence.
If the Company can demonstrate that, by reason of Provision 1, 2, 3, 4 or 5, loss or damage is not covered by this Section, the burden of proving the contrary shall rest on the Insured.
Social, domestic and pleasure use
Description of Use 4. is extended to include use for social domestic and pleasure purposes in respect of the persons named in the Schedule.
Hollard Business Policy – Binder – Version 8 2024 Page | 177