Page 95 - Hollard Business Policy - Binder

Combined Liability (Claims-made Basis)
1.2 as soon as practicable for new acquisitions other than as detailed in 1.1 above;
1.3 at the beginning of any new period of insurance if this is earlier than 1.1 or 1.2 above;
2. turnover for any new acquisitions will be declared in accordance with Specific Policy Condition 7 where this Sub-Section of the Policy is written on an adjustable basis;
3. the Company reserves the right to:
3.1 establish a separate rate and premium and, if appropriate, terms where the Sub-Section of the Policy is written on a nonadjustable basis and the total annual turnover of the new acquisitions represents an increase in turnover greater than 15% (fifteen percent) of the estimate provided at the beginning of the period of insurance; or
3.2 accept or deny coverage at the time of notification and to establish a separate rate and premium and, if appropriate, terms for any such coverage where the new acquisition represents a material alteration to the business or risk.
2. Cross liability
If the Insured comprises more than one party, the Company will provide indemnity to each in the same manner and to the same extent as if a separate Policy had been issued to each;
PROVIDED THAT:
the total liability of the Company for all liability sustained by any or all of the Insureds will not exceed the Limit of Indemnity stated in the Schedule applicable to this Sub-Section of the Policy.
3. Damage to leased or rented premises
Notwithstanding Exception 1 to this Sub-Section, the indemnity provided under this Sub-Section will extend to include liability for accidental loss of, or damage to premises (including fixtures or fittings) leased or hired by, or
rented to the Insured under a written contract or agreement, but this Extension will not apply to liability:
3.1 assumed by the Insured under such contract or agreement, which would not have attached in the absence of such contract or agreement, unless agreed to in writing by the Company;
3.2 for fire or any other peril against which such contract or agreement requires that insurance is effected;
3.3 arising out of breach of any term, condition, or warranty under any other applicable insurance policy.
4. Liability by agreement
This Sub-Section will also indemnify the Insured against liability assumed by the Insured under any contract entered into with or given to any rail service provider, government or quasi-government departments, provincial administrations, municipalities and/or similar bodies covering the use of railway sidings or in respect of cartage (hazardous premises) agreements and/or agreements of a similar nature.
5. Movement of motor vehicles
Notwithstanding the Exceptions applicable to Sub-Section 1 and anything else to the contrary in this Sub-Section of the Policy and risks insured under the Road Accident Fund Act 56 of 1996 (and/or as amended), this Sub-Section is extended to include liability arising through or in connection with the moving of any motor vehicle, trailer or caravan (not being the Insured’s property) by any person being an employee or acting on the Insured’s behalf;
PROVIDED THAT:
such movement of motor vehicles, trailers or caravans is undertaken to facilitate the carrying on of the business.
6. Security firms
Notwithstanding Specific Exception 3 of this Sub-Section, if in terms of a contract with a security firm engaged to protect the insured property or persons in the course of the Insured’s business, the Insured becomes legally liable for the acts or omissions of the employees of the security firm in the course of their employment, then this Section includes such legal liability to the extent that indemnity would have been granted under Sub-Section 1, had the said employees been under a contract of service to the Insured and not the security firm, but not exceeding the limit of indemnity stated in the Schedule.
Hollard Business Policy – Binder – Version 8 2024 Page | 93