MOTOR FLEET POLICY. Now this Policy witnesseth that subject to the terms exceptions and conditions herein and of any endorsement hereon

Transcription

1 MOTOR FLEET POLICY Whereas the Insured by a proposal and declaration which shall be the basis of this contract and is deemed to be Incorporated herein has applied to the Alliance Insurance Company (Pvt) Ltd (hereinafter called "the Company") for the insurance hereinafter contained and has paid Alliance insurance Company the premium as consideration for insurance in respect of accident loss or damage during the period of Insurance. Now this Policy witnesseth that subject to the terms exceptions and conditions herein and of any endorsement hereon SECTION 1 - LOSS OF OR DAMAGE TO VEHICLE The Company Wilt indemnify the insured against loss of or damage to any Vehicle described in the schedule hereto and/or Its accessories and parts thereon. The Company may at Its own option repair reinstate or replace such Vehicle or any part thereof, and/or its accessories and spare parts or may pay in cash the amount of the loss or damage not exceeding the reasonable market value of such Vehicle and/or its accessories and/or spare parts at the time of such loss or damage. The maximum amount payable by the Company in respect of any claim for loss or damage shall be; a) for Vehicles owned leased or hired by the Insured as at inception of the policy or at renewal date, the Insured s estimated value as stated In the list of Vehicles declared to the Company or the reasonable market value whichever is the lesser, b) for Vehicles purchased hired or leased by the Insured, until such time that they are declared to the Company, the Own Damage limit stated in the schedule hereto or the reasonable market value whichever is the lesser. The Insured shall declare to the Company purchases leases or hired Vehicles as soon as reasonably possible after which time cover shall be as per a) above. In the settlement of any claim the value of salvage shall be taken into account. In the event of any part, accessory or fitment needed to repair or replace damage to the vehicle being unobtainable in Zimbabwe, as a standard (ready manufactured) article, the liability of the Company shall be met by the payment of a sum equaling the value of such part at the time of the accident, but not in any case exceeding the maker s latest list price. If such vehicle is disabled by reason of any loss or damage insured under this Policy 1) the Company will pay the reasonable cost of protection and removal to the nearest repairers and will also pay the reasonable cost of delivery to the Insured after repair of such loss or damage to the extent of but not exceeding the limit as stated in the Schedule. 1

2 2) the Insured may give Instructions for repairs to be executed without the previous consent of the Company to the extent of but not exceeding $ (Fifty Thousand Dollars) provided that a detailed estimate is first obtained and immediately forwarded to the Company. 3) and to the knowledge of the Company the Vehicle is subject to a hire purchase agreement or similar agreement such payment shall be made to the owner described therein whose receipt shall be a full and final discharge to the Company In respect of such loss or damage 4) and the vehicle belongs to a Charitable Organisation Diplomatic Mission or any other organisation given dispensation by Government not to pay duty on such vehicle it is incumbent on such owner in the event of a total loss claim to have the vehicle released into the Company s name arid to pay the duty realised on the change of ownership prior to the settlement of the claim. MF EXCEPTIONS: The Company shall not be liable to pay for a) Consequential loss arising in any way whatsoever depreciation, whether arising from repairs following a defined event or otherwise, wear and tear mechanical or electrical breakdowns failures or breakages. b) i) Damage to tyres by application of brakes or by road punctures cuts bursts or sideslips. ii) Damage to tyres unless caused by an accident involving damage to the Vehicle itself for which indemnity is provided under this section. c) Damage to springs due to inequalities of the road or other surface or to impact with such inequalities. d) Loss or damage to accessories and spare parts of a Motorcycle by burglary/housebreaking or larceny If the cycle is not stolen at the same time. SECTION II- LIABILITY TO THIRD PARTIES: The Company will indemnify the Insured in the event of art accident caused by or through or in connection with any Vehicle described in the Schedule hereto including the loading and/or unloading of such Vehicle against all sums including Claimant s cost and expenses which the Insured shall become legally liable to pay in respect of (i) Death of or bodily injury to any person (ii) Damage to property 2

3 The Company will pay all costs and expenses incurred with its written consent. In relation to Private Type Motor Cars only the Company will pay Solicitors Fees for representation at any Coroners Inquest or Fatal Inquiry in respect of any death which may be the subject of indemnity under Section II of this Policy or for defending in any criminal proceedings in respect of any act causing or relating to any event which may be the subject of indemnity under this Section provided always that the Company shall be entitled to nominate its own Solicitor, but where such nomination is not made the Company s liability for such fees shall be limited to the sum of $ (Ten Thousand Dollars) in respect of any one accident. PROVIDED ALWAYS that the Company shall not be liable to pay Solicitors Fees in respect of any charge which includes driving whilst under the influence of intoxicating liquor or drugs, unless the case results in acquittal of the accused, in which instance the limitations provided above in regard to defence cost shall apply. In terms of and subject to the limitations of and for the purposes of this Section the Company will indemnify any person who is driving such vehicle on the Insured s order or with his permission provided. a) that such person is not entitled to indemnity under any other policy. b) that such person shall as though he were the Insured observe fulfil and be subject to the terms exceptions and conditions of the Policy insofar as they can apply. c) that such person has not been refused any Motor Vehicle insurance or continuance thereof by any Insurance Company or Underwriter. d) that such person if required by law is in possession of a valid driver s license. MF EXCEPTIONS: The Company shall not be liable under this Section in respect of a) Death of or injury to car damage to property of any person in the employment of the Insured or any partnership of which the Insured is a partner arising out of and in the course of such employment. b) Death of or injury to or damage to property of any person being carried in or upon or entering or getting on to or alighting from such vehicle at the time of the occurrence of the event out or which any claim arises. c) Death of or injury to or damage to property of any person being a member of the same household as the Insured or any partner of the Insured or if the Insured is a 3

4 Company registered with limited liability the household of the Shareholder or Director of the Company. d) Damage to property belonging to held in trust by or in the custody or control of the Insured or being conveyed by loaded on to or unloaded from such vehicle. e) Damage to any viaduct bridge or weighbridge or to any road and/or anything beneath by vibration or by the weight of such vehicle or load carried by such vehicle. f) Death injury or damage caused by sparks or ashes from such vehicle where the motive power is steam. g) Liability arising out of the operation or demonstration as a tool of any vehicle or of plant forming part of such vehicle or attached thereto. h) Death injury or damage caused or arising beyond the limits of any carriageway or thoroughfare in connection with the bringing of the load to such Vehicle for loading thereon or taking away of the load from such Vehicle after unloading therefrom. i) Limits of liability exceeding those stated in the Road Traffic Act for death of or injury to any person being carried in or upon or entering or getting onto or alighting from any open, partly open or convertible type vehicle which for the purpose of this restriction shall mean a vehicle or any part thereof where the driver and passenger seating area is not permanently protected by a hard roof and hard doors. PROVIDED FURTHER THAT the liability of the Company under this Section in respect of death, injury and/or damage shall be limited to the sum specified in the Schedule hereto in respect of any one accident or series of accidents arising out of any one event or occurrence. SECTION III TOWING DISABLED VEHICLES: This Policy shall be operative while any vehicle described in the Schedule is being used for the purpose of towing any disabled mechanically propelled vehicle or trailer and the Company will indemnify the Insured in terms of Section II of the Policy in respect of liability in connection with the towed vehicle or trailer. PROVIDED ALWAYS THAT a) Such vehicle or trailer Is not towed for reward b) The Company will not be liable by reason of this Section of this Policy in respect of damage to the towed vehicle or trailer or property being conveyed by such vehicle. 4

5 APPLICATION OF LIMITS OF INDEMNITY In the event of any accident involving indemnity to more than one person any Limitation by the terms of this Policy and/or of any endorsement hereon of the amount of any indemnity shall apply to the aggregate amount of indemnity to all persons indemnified and such indemnity shall apply in priority to the Insured. FIRST AMOUNT PAYABLE In respect of each and every occurrence giving rise to a claim the Insured shall be responsible for the First Amount Payable as specified in the Schedule to the Policy of any expenditure (or any less expenditure which may be incurred) for which provision is made under this Policy (including any payment in respect of costs expenses and fees) and of any expenditure by the Company in the exercise of its discretion under Section 1 and Condition 2 of the Policy. If the expenditure incurred by the Company shall include the First Amount Payable for which the Insured is responsible such amount shall be paid by the Insured to the Company forthwith. GLASS Any claim in respect of the cost of reinstating any glass forming part of a Private Type Motor Car or any accessory permanently attached to such car that shall have been broken as a result of contact with an inanimate object thrown up by or falling from a Vehicle or with flying birds shall be met without deduction of that portion of the FIRST AMOUNT PAYABLE for which the Insured is responsible for which no discount of premium has been allowed and such claim shall be subject to a contribution by the insured of an amount equal to 33 1 /3 % of the cost of reinstatement. In the event that the Insured elects to have damaged glass repaired instead of being replaced the Company will bear the cost of such repair in full. LIMITATIONS AS TO USE Use for Social Domestic Pleasure Business and Professional Purposes EXCLUDING Any accident injury loss damage and/or liability caused by or to the Vehicle or Trailer whilst being used for any purpose in connection with the Motor Trade which use shall include any operation of the Vehicle while in the custody or control of a Member of the Motor Trade for the purposes of overhaul upkeep or repair or driving instruction of paying pupils or whilst let out on hire or whilst used as a taxi or plying for public or private hire whist racing or pace making or in any speed contest or any trial or being driven in a match for a wager or whilst being used for the carrying of fare-paying passengers or of guests of a hotel or boarding house if the Insured is the keeper of such hotel private hotel or boarding house or whilst being used for the carrying of explosives or whilst carrying any load in excess of that for which it is constructed to carry or whilst being used for any unusual or specially hazardous purpose provided that the carrying of 5

6 petrol, or other spirit shall in itself not be considered an infringement of this limitation. Provided that notwithstanding anything to the contrary herein contained the insurance granted by this Policy in respect of the Vehicle or Trailers described in the Schedule shall be operative while such Vehicle is in the custody of and Is being used by a Member of the Motor Trade for the purpose of overhaul, upkeep or repair, but only insofar as it indemnifies the within-named Insured against loss or damage and/or liability. GENERAL EXCEPITONS The Company shall not be liable in respect of 1. Any accident injury loss damage and/or liability caused sustained or incurred outside Zimbabwe. 2. Any accident injury loss damage and/or liability caused sustained or incurred whilst any Vehicle in respect of or in connection with which Insurance is granted under this Policy is a) being used otherwise than in accordance with the Limitations as to Use in this Policy. b) being driven by the Insured or any other person with the general knowledge and consent of the Insured unless duly and fully licensed to drive such Vehicle in terms of the Legislation applying to any territory within the territorial limits to which this Policy applies. Provided, however, that if such a license be subject to renewal and such person does not hold such a license by virtue only of having omitted to renew such license when in all respects is entitled to such renewal, this Exception shall not apply. Provided, further, that this Exception shall not apply whilst the Insured or any such person is driving such vehicle whilst learning to drive if at such time he is complying with the laws and regulations in force relating to learners. c) being driven by the Insured or by any person with the general knowledge and consent of the Insured whilst under the influence of intoxicating liquor or drugs or whilst the percentage of alcohol in his blood exceeds the permissible limit at law. d) whilst carrying passengers in excess of the number the Vehicle is licensed or authorised by law to carry. 3. Any claim arising out of any contractual liability, 4. Any accident injury loss damage and/or liability directly or indirectly caused by or arising out of explosion of the boiler of such vehicle. 6

7 5. Any accident injury loss damage and/or liability directly or indirectly proximately or remotely occasioned by contributed to by or traceable to or arising out of or in connection with or in consequence of: a) war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war, mutiny, riot, strike, civil commotion, military or popular uprising, insurrection, rebellion, revolution, military or usurped power, martial law or state of siege or any of the events or causes which determine the proclamation or maintenance of martial law or state of siege or coup d état; b) any act (whether on behalf of any organisation, body or person, or group of persons) calculated or directed to overthrow or Inf3uenco any government de jure or de facto, or any provincial or local authority with force, or by means of terrorism (as defined in (h) below). c) any act which is calculated or directed to further any political aim, objective or cause or in protest against any government de jure or de facto, or arty provincial or local authority; d) an armed conflict between regions or political or ideological or religious or ethnic or tribal factions within Zimbabwe; e) abandonment of property insured resulting from seizure, confiscation, commandeering, restraint, detention, requisition, appropriation or nationalisation by any lawfully constituted authority or by order of any government de jure or do facto; f) dispossession of property insured resulting from seizure, confiscation, commandeering, restraint, detention, requisition, appropriation, or nationalisation by any lawfully constituted authority or by order of any government de jure or de facto; g) legal or illegal occupation of premises for a period of more than 48 consecutive hours by any person or group of persons; h) any act of terrorism. For the purpose of this General Exception terrorism means an act or threat of violence or an act harmful to human life, tangible or intangible property or infrastructure with the intention or effect to influence any government or to put the public or any section of the public in fear; i) any attempt to perform any act referred to in clauses (a) to (h) above; j) any action taken In controlling, preventing, suppressing or in any other way relating to any occurrence referred to in clauses (a) to (i) above. In any action suit or other proceedings where the Insurers allege that by reason of the provisions of this exception any event loss destruction or 7

8 damage is not covered by this policy the burden of proving that such event loss destruction or damage is covered shall be upon the Insured. In the event of any portion being found invalid or Unenforceable the remainder shall remain in full force and effect. 6. a) Loss or destruction of or damage whatsoever or any loss or expense whatsoever resulting or arising there from or any consequential loss b) Any liability of whatever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. For the purpose of this Exception combustion shall include any self- sustaining process of nuclear fission. 7. The indemnity provided by this Policy shall not apply to nor include any loss destruction damage or legal liability directly by or contributed to by or arising from nuclear weapons material, 8. loss injury or damage arising in consequence upon the failure of the Omnibus(es)/Bus(es) or Commuter Omnibus(es) or any fare paying passenger Vehicle insured hereunder to stop at a reasonable distance before reaching a Railway Level Crossing for the purpose of negotiating it. 9. a) toss or destruction of or damage to any property whatsoever (including a computer) or any loss or expense whatsoever resulting or arising therefrom b) any legal liability of whatsoever nature c) any consequential loss directly or indirectly caused by or contributed to by or consisting of or arising from the incapacity or failure of any computer, correctly or at all i) to treat any date as the correct date or true calendar date, or correctly or appropriately to recognise, manipulate, interpret, process, store, receive, or to respond to any data or information, or to carry out any command or instruction, in regard to or in connection with any such date or (ii) to capture, save, retain, or to process any information or code as the result of the operation of any command which has been programmed into any computer, being a command which causes the loss of data in regard to or in connection with any such date or 8

9 (iii) to capture, save, retain, or to process any information or code due to programme errors, incorrect entry or the inadvertent cancellation or corruption of data and or programmes (iv) to capture, save, retain or to process any data as a result of the action of any computer virus, or other corrupting, harmful or otherwise unauthorised code or instruction including any trojan horse, time or logic bomb or worm or any other destructive code, media or programme or interference. A computer includes any computer data processing equipment, microchip, integrated circuit or similar device in computer or non computer equipment or any computer software tools, operating system or any computer hardware or peripherals and the information or data electronically or otherwise stored in or on any of the above, whether the property of the insured or not. CONDITIONS 1. Notice shall be given in writing to the Company as soon as possible after the occurrence of any accident or loss or damage. In the event of any claim, every letter claim writ summons and/or process shall be notified or forwarded to the Company immediately on receipt by the Insured. Notice shall also be given in writing to the Company immediately the Insured shall have knowledge of any impending prosecution or inquest in respect of any occurrence which may give rise to a claim under this Policy. In case of theft or other criminal act which may be the subject of a claim under this Policy the Insured shall give immediate notice to the Police and cooperate with the Company in securing the conviction of the offender. In respect of this Condition time shall be the essence of the Contract. 2. No admission offer promise payment or indemnity shall be made or given by or on behalf of the insured without the written consent of the Company which shall be entitled if it so desires to take over and conduct in the name of the Insured the defence or settlement of any claim or to prosecute in his name for its own benefit any claim for indemnity or damages or otherwise and shall have full discretion in the conduct of any proceedings or in the settlement of any claim and the Insured shall give all such information and assistance as the Company may require. 3. If at any time any claim arises under this Policy there is any other existing insurance covering the same loss damage or liability the Company shall not be liable to pay or contribute more than its rateable proportion of any loss damage compensation costs or expense. Provided always that nothing in this Condition shall impose on the Company any liability from which but for this Condition it would have been relieved under Proviso (a) of Section 11 of this Policy. 9

10 4. At any time after the happening of any event giving rise to a claim or series of claims under Section 11 of this Policy the Company may pay to the Insured the full amount of the Company s liability under that Section and relinquish the conduct of any defence settlement or proceedings and the Company shall not be responsible for any damage alleged to have been caused to the Insured in consequence of any alleged action or omission of the Company in connection with such defense settlement or proceeding or of the Company relinquishing such conduct, nor shall the Company be liable for any costs or expenses whatsoever incurred by the Insured or claimant or other person after the Company shall have relinquished such conduct. 5. If during the currency of this Policy any driver s license in favour of the Insured or his Authorised Driver be endorsed suspended or cancelled or if he or they shall be charged or convicted of negligent reckless or improper driving notification shall be sent in writing to Company immediately the Insured has knowledge of such fact. 6. The Insured shall take all reasonable steps to safeguard from loss or damage and maintain in efficient condition any Vehicle described in the Schedule hereto and the Company shall have at all times free access to examine such Vehicle. In the event of any accident or breakdown such Vehicle shall not be left without proper precautions being taken to prevent further damage or loss and if such Vehicle be driven before the necessary repairs are effected any extension of the damage or further damage to such Vehicle shall be entirely at the insured s own risk. 7. Unless otherwise expressly stated by endorsement hereon nothing contained herein shall give any rights against the Company to any person other than the Insured. Further the Company shall not be bound by any passing of the interest of the Insured otherwise than by death or operation of law unless and until the Company shall by Endorsement thereon declare the insurance to be continued. The extension of the Company s liability in respect of any person other than the Insured shall give no right of claim hereunder to such person the intention being that the insured shall in all cases claim for and on behalf of such person and the receipt of the insured shall in any case absolutely discharge the Company s liability hereunder. 8. The Company may cancel this Policy by sending written notice to the insured at his last known address and in such event will return to the insured the premium less the pro rate portion thereof for the period the Policy has been in force or the Policy may be cancelled at any time by the Insured on written notice and (provided no claim has arisen during the then current period of insurance) the Insured shall be entitled to a return of the premium less premium at the Company s Short Period rates for the time the Policy has been in force. Notice of cancellation may also be given by any of the following means: telefax, telex, telegram. 9. The due observance and fulfilment of the terms conditions and endorsements of this Policy by the Insured in so far as they relate to anything to be done or 10

11 complied with by the Insured and the truth of the statements and answers in the said proposal shall be conditions precedent to any liability of the Company to make any payment under this Policy. No waiver of any of the terms conditions and endorsements of this Policy shall be valid unless made in writing signed by a duly authorised officer of the Company. 10. In the event of the Company disclaiming liability in respect of any claim and an action or suit be not commenced within three months from the date the disclaimer is issued to the Insured and/or his agent or assigns or (in the case of an arbitration taking place in pursuance of Condition 12 of this Policy) within three months from the date the Arbitrator or Arbitrators or Umpire shall have made their award all benefits under this Policy in respect of such claim shall be forfeited. 11. Notwithstanding anything contained herein to the contrary it is agreed that the indemnity provided herein shall not apply to: I. Compensation for damages in respect of judgements not in the first instance delivered by or obtained from a court of competent jurisdiction within Zimbabwe, Republic of South Africa, Batswana, Lesotho, Swaziland or Namibia. II. Costs and expenses of litigation recovered by any claimant from the Insured which are not incurred and recoverable in Zimbabwe, Republic of South Africa, Botswana, Lesotho, Swaziland or Namibia. 12. Should any difference arise between the Company and the Insured as to the amount of any claim under this Policy the same shall be referred to arbitration in accordance with the Statutory provisions for the time being in force applicable thereto, and the obtaining of any award shall be a condition precedent to any right of action against the Company. 13. In no case whatever shall the Company be liable under this Policy after the expiration of twelve months from the happening of the event unless the claim is the subject of pending action or arbitration or is a claim under Section Il. 14. Notwithstanding anything contained herein to the contrary, it is hereby declared that no liability shall attach to the Company in respect of Section Il of the Policy whilst the Vehicle described in the Schedule is carrying passengers in excess of the number of seats for which it is designed and cover will only apply if such passenger (s) are seated in such seats at the time of incident. 15. All sums of money stated in this Policy are in the Currency of Zimbabwe. 16. This Policy and the Schedule shall be read together and any word or expression to which a specific meaning has been attached in any part of this Policy or of the Schedule shall bear such specific meaning wherever it may appear. 11

12 17. AVERAGE CONDITION applicable to Section 1 Loss of or Damage to the vehicle If, in the event of any claim for loss of or damage to any vehicle (including it s accessories) Described in the Schedule, the Insured s estimate of value as stated in the declaration provided by the Insured and the Inflation Provision, if insured, [hereinafter referred to as the Total Declared Value) plus 20% is less than the pro-accident Market Value (as defined) then the liability of the Company for such loss or damage will be reduced in the same proportion as the Total Declared Value plus 20% bears to the pro-accident Market Value. The maximum liability of the Company shall in no case exceed the Total Declared or the Market Value whichever is the less. If however the estimated repair costs exceed 70% of the Total Declared Value this Average Condition will not apply. In which event the maximum liability of the company shall be the Total Declared Value and the damaged vehicle will become the property of the Company. However the Insured will be given the option of retaining the damaged vehicle on payment to the Company of 30% of the Total Declared value of the vehicle. If the Insured purchases, hirers or leases an additional vehicle such vehicle shall be declared to the Company as soon as reasonably practical and until such declaration is received paragraph one of this Condition shall not apply to such vehicle. However the maximum liability of the company shall be the Market value of such vehicle or the own Damage Limit stated in the Schedule whichever is the less. For the purpose of paragraph two the words Total Declared Value shall be replaced by the words Market Value. Market Value - Definition The current Market Value of the insured vehicle taking into account it s mileage, general condition and what a willing buyer would pay a willing seller of a similar vehicle of the same kind and In the same condition. In the event that the company and the Insured are not able to agree on the Market Value the same shall be referred to an agreed registered member of the Motor Trade Association whose valuation shall be final and binding on both parties and will not be subject to appeal. DEFINITIONS 1. Occurrence The word occurrence shall mean an occurrence or series of occurrences arising from one cause in connection with any one Vehicle in respect of which indemnity is provided by this insurance. 12

13 2. Vehicle the term Vehicle shall mean a. Private Type Motor Car which means any vehicle other than a motor cycle the net mass of which does not exceed 2300 kilograms and includes a passenger motor-vehicle with a manufacturer s rated seating capacity for not more than seven passengers, irrespective of the mass of such Vehicle. b. Private Trailer or Caravan Trailer which means a Vehicle which a) has no independent motive power of its own; and b) is adapted or constructed to be attached to and drawn by a Private Type Motor Car. c. Commercial Heavy Vehicle which means a Vehicle exceeding 2300 kilograms in mass; including Commercial Trailers adapted or constructed to be attached to and drawn by a Commercial Heavy Vehicle, also included are a mechanical horse and its trailer. d. Agricultural Vehicles which means Combine Harvesters or any type of Tractor or Traction Engine or self propelled or manually assisted agricultural implement used solely for agricultural work or operations incidental thereto. Note: Manually assisted agricultural implement mean any type of vehicle which requires the operator to accompany the vehicle ort foot. e. Special Types which means goods carrying tractors and/or trolleys with or without lifting apparatus and not used for haulage purposes on a public road; road rollers; tractors used for maintenance of recreation grounds; mechanical navvies; shovels; grabs; excavators; cranes; bulldozers and angledozers; and any other form of self propelled vehicle with plant permanently attached. f. Motor Cycle means a vehicle which a) has fewer than four wheels; and b) is designed to be steered by means of handlebars and may include a side car. g. Omnibus which means a heavy vehicle having a) a net mass exceeding 2300 kilograms; and b) seating accommodation for eight or more passengers h. Commuter Omnibus which means a passenger public service vehicle: a) having seating accommodation for more than seven passengers, and b) is used to provide a passenger transport service in accordance with the appropriate regulations ;but does not include a goods 13

14 EXTENSIONS vehicle adapted for the carriage of passengers. i. Taxi which means any vehicle other than a Motor Cycle the net mass of which does not exceed 2300 kilograms and includes a passenger Motor Vehicle with a manufacturer s rated seating capacity for not more than seven passengers, irrespective of the mass of such vehicle. In determining the number of passengers that may be carried in a Vehicle in accordance with the above any child under five years of age shall not be counted and two children of five years of age or more, but under ten years of age, shall be counted as one passenger. 1. PASSENGER LIABILITY AND LOADING AND UNLOADING It is hereby declared and agreed that Exception (b) Section II of this Policy does not apply to Private Type Cars or the enclosed body of Motor Vehicle other than an Omnibus, Commuter Omnibus, or Vehicle used for hire or reward. It is also declared that not withstanding Exception (h), the Policy is deemed to cover liability beyond the limit of any carriage way or thoroughfare in respect of Private type and Commercial vehicles. The Company s liability in respect of this extension shall be $10,000, (Ten Million Dollars) for any one accident or series of accidents arising from one event. 2. MEDICAL EXPENSES If the driver or any occupant of any Private Type Motor Car or Motorised Caravan described in this Schedule hereto shall in direct connection with such Vehicle sustain bodily injury by violent accidental external and visible means the Company will pay to the Insured the Medical Expenses in connection with such injury up to the sum of $5, (Five Thousand Dollars) in respect of each person injured after deduction of any amount recoverable in terms of any applicable legislation in force at the time of the occurrence. The term Medical Expenses is deemed to include any cost incurred in connection with such occupant being freed from such Vehicle or brought to a place where medical treatment can be given. The cover provided by this Section shall exclude all expenses met by any Medical Aid Society. 3. EXTENSION OF COVER TO TH REPUBLIC OF SOUTH AFRICA, LESOTHO, BOTSWANA, NAMIBIA, SWAZILAND, MALAWI, ZAMBIA AND MOZAMBIQUE It is hereby declared and agreed that notwithstanding anything contained herein to the contrary this Policy shall be extended to Indemnity the Insured whilst the vehicle and/or trailer is temporarily in the Republic of South Africa, Lesotho, Botswana, Namibia, Swaziland, Malawi, Zambia and Mozambique including 14

15 whilst in transit by sea between any ports in the aforementioned territories and unloading incidental to such transit. Provided always that no liability shall attach to the Company under this extension for so much of any compensation or claim as falls within the scope of any ordinance or proclamation or compulsory insurance act in force in any of the said territories or countries. This exception shall apply notwithstanding that no insurance is in force or has been effected. 4. NON POLITICAL RIOT & STRIKE The words Riot and Strike are hereby deleted from General Exception 5. Subject to the terms, conditions and clause contained herein the Insurers agree to indemnify the insured against accident injury loss damage or liability directly related to or caused by or arising from one or more of the following occurrences; Riot and Strike i. The act of any person taking part together with others in any disturbance of the public peace (whether in connection with a labour disturbance, strike or lock out or not) not being an occurrence mentioned in General Exception 5. ii. iii. the willful act of any striker or locked-out worker done in furtherance of a strike or in resistance to a lock out. the act of any lawfully established authority in controlling, preventing, suppressing or in any other way dealing with any occurrence referred to in clauses (i) or (ii) above Cancellation a) This defined event may be cancelled at any time on notice to that effect being given by the Insured but no refund premium will be allowed unless the interest of the Insured in the insured property ceases. b) This defined event may be cancelled by the Insurers at any time on notice to that effect being given through the media and the insured shall be deemed to have received such notice on the date of publication to be followed by the issue of a formal endorsement refunding a rateable proportion of the premium for the remainder of the period of insurance from the date of cancellation. 5. CONTINGENT LIABILITY IF STATED TO BE INCLUDED. The indemnity granted under section ii of this Policy shall include claims made against the Insured in the event of an accident caused by or through or in connection with any Motor Vehicle not the property of nor provided by the 15

16 Insured whilst being used on the business or occupation of the Insured as described in the Schedule by an employee of the Insured provided always that this extension shall not indemnify the Insured in respect of loss or damage to such vehicle. It is further declared and agreed that for the purposes of this extension only; i. Exceptions (b) and (h) are deleted in their entirety. ii. If at the time of the occurrence of any accident giving rise to a claim under this Policy there is any other existing insurance covering the same loss damage or liability the Company shall not be liable to make any payment under this Policy. Subject otherwise to the terms exceptions and conditions of the Policy. 6. UNAUTHORISED PASSENGER COVER - IF STATED TO BE INCLUDED Section 11 of the policy is extended to cover the Insured s Legal liability for death of or injury to the persons other than persons in the employ of the Insured whilst being carried on the Vehicle in contravention of the Insured s instructions to the driver. 7. INFLATION PROVISION IF STATED TO BE INCLUDED In consideration of the payment of an additional premium the Insured s estimate value is increased by the Inflation Provision percentage stated in the Schedule. The total of the two amounts is the Total Declared Value applicable to the vehicle Insured. ROAD TRAFFIC ACT (1976) OF ZIMBABWE It is hereby declared and agreed that in respect of the use of the Motor Vehicle described in the Schedule on any Road in Zimbabwe this Policy shall, subject to the following Conditions, be a Policy for a purposes of Part Ill of the Road Traffic Act (1976) of Zimbabwe (hereinafter referred to as The Act ). CONDITIONS: 1. In the event of the Company being required to make any payment under this Policy in respect of the liability of any person which but for provision of the Act or any amendments thereof it would not have been required to make, any sum so paid shall be recoverable by the Company from that person. 2. Nothing in this Endorsement contained shall extend the liability of the Company beyond the minimum requirements of the Act, or any amendments thereof. 3. Any limitations of liability stated in this Policy as to the amount or amounts which may become payable in respect of the death of or injury to any person or 16

17 persons shall not apply to the indemnity which is by law required to be provided in terms of the Act and which is provided by reason of this Endorsement. 4. All terms exceptions and conditions of this Policy, provided they do not conflict with the requirements of the Act, shall apply to this Endorsement. Subject otherwise to the terms exceptions and conditions of the Policy. 17