Page 86 - Policy Wording - Hollard Business Binder (2020-08-26)
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Combined Liability (Claims-made Basis)
3.8 Punitive damages
Punitive/exemplary/aggravated damages are excluded in terms of the wording and cannot be included by endorsement.
3.9 Costs and Expenses (including defense costs)
3.9.1 All costs and expenses incurred by the Insured in relation to the claim will form part of the limit of indemnity stated in the Schedule.
3.9.2 Decline requests to add this in addition to the limit of indemnity.
3.10 Warehousing
3.10.1 The Insured is responsible for goods in their direct custody and the cost of a claim may include:
• repacking;
• maintaining or topping up (wine in tanks with water);
• overhauling or refurbishing;
• storage under specific conditions.
3.10.2 Unfortunately, Warehouseman's liability is a treaty exclusion and as such the Combined Liability section may not be extended to include same.
3.11 Farms
3.11.1 Farming risks must be underwritten in terms of the Agri product only.
3.11.2 It is suggested the risk is discussed with the agri technical underwriter prior to quoting.
3.11.3 Wine cellars cannot be accommodated on the binder facility. Refer all wine cellars to Hollard.
3.12 Spectator stands and pavilions
This is a declined risk.
3.13 Professional indemnity
Cover is excluded in terms of this section but can be purchased from iTOO.
3.14 Tree-felling, bush-cutting
This is a declined risk.
3.15 Spread of fire
3.15.1 While the policy does not exclude spread of fire, it may be necessary, depending on the risk, to exclude the cover. The following endorsement should be noted on the schedule:
"The Company will not indemnify the Insured in respect of liability caused by or through or in connection with the spread of fire from the Insured's premises."
3.15.2 The survey will discuss this aspect and should be addressed as part of the underwriting process.
3.15.3 Fire breaks and other aspects required by law must be adhered to.
3.15.4 Spread of fire cover is limited to a maximum of R5M, any limit above this must be referred to Hollard together with the relevant completed questionnaire.
3.15.5 For Agri risks this cover is provided per farming unit and the rate is determined per unit.
3.15.6 All farm names and farms forming a specific unit must be listed.
3.15.7 A unit separated by a main road (roads maintained by the authorities) must be treated as separate farming units.
3.15.8 Fire-prevention Associations:
3.15.8.1 insist on farmers participating in the nearest FPA;
3.15.8.2 FPAs are registered with the authorities and adhere to the firefighting regulations which are preferable;
Commercial Underwriting Mandates and Guidelines – Binder – Version 2 2020 85