Page 92 - Policy Wording - Hollard Business Binder (2020-08-26)
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Combined Liability (Claims-made Basis)
2. if an apprentice, only when they are under the direct supervision of a qualified practitioner in terms of 1.
PROVIDED FURTHER THAT:
It is a condition precedent to this liability of the Company under this Extension that:
1. all plant, machinery or equipment, utensils and appliances shall be kept clean, sterilised and in a proper state of efficacy at all times and serviced regularly by the appointed agents;
2. the Insured shall comply with all tests, recommendations, requirements and precautions laid down by the manufacturers or suppliers prior to the use of or sale of any dyes, tints, shampoos and other preparations or applications. Should the result of the test prove unsatisfactory, the Company shall not be liable to make any payment in respect of any accidental bodily injury arising from any such treatment;
3. customers must be notified of the name and nature of the risks of use of any dyes, tints, shampoos and other preparations before use and/or sale thereof.
The liability of the Company shall not exceed R50 000 (fifty thousand rand) any one event or R100 000 (one hundred thousand rand) in the aggregate during any one period of insurance and each claim shall be reduced by R1 000 (one thousand rand).”
6.4 Car wash
The following endorsement must be noted on the policy schedule:
“The Company will indemnify the Insured in respect of a defined event which occurs while a client’s vehicle is undergoing a cleaning process on the Insured’s premises and where the damage to such vehicle is caused by the Insured or any of the Insured’s employees;
PROVIDED THAT:
1. the Company will not indemnify the Insured in respect of the first amount payable, being 10% (ten percent) of the claim with a minimum of R2 500 (two thousand five hundred rand);
2. the amount which is payable in terms of this Extension, including any legal costs recoverable from the Insured by a claimant or any group of claimants and all other costs and expenses incurred with the Insurer’s permission in respect of any single event or series of events having one cause or origin, will not exceed the sum of R50 000 (fifty thousand rand) any one event or R250 000 (two hundred and fifty thousand rand) any one insurance period.”
6.5 Dams
6.5.1 The dam wall (construction) is a declined risk in terms of any material damage section.
6.5.2 Should there be a need to specifically endorse the policy, the following wording will apply:
“The Company will not indemnify the Insured in respect of liability consequent upon injury or damage caused by or through or in connection with ownership, possession, or use by or on behalf of the Insured of any dam including bursting or overflowing of any dam.”
6.6 Electrified fencing
6.6.1 Liability arising from electric fences should be excluded.
6.6.2 If required, the following endorsement can be added:
“The Company will not indemnify the Insured in respect of liability consequent upon injury or damage caused by or through or in connection with or attributable to any electrified fencing erected or in use on or adjacent to the premises.”
6.7 Filling stations
6.7.1 It is common to pay claims in terms of incorrect fuel delivered to customers under Defective Workmanship.
Commercial Underwriting Mandates and Guidelines – Binder – Version 2 2020 91