Cell Insurance Company (Private) Limited [the insurer] agrees to provide
Insurance in terms of this policy during any period of insurance upon the prior
Payment of premium by the insured and the receipt thereof by or on behalf of
Cell Insurance Company (Private) Limited.
The proposals and declarations made by the policyholder are the basis of and form part of this policy
Please check this document and let us know if any amendment is necessary 2
1. Head notes
These are for reference and do not affect the interpretation of the policy
The Policy and schedule shall read as one document. Any word or expression given a specific meaning shall have such meaning wherever it appears.
3. Observance of policy terms
The liability of insurer is conditional on the observance of the policy terms and conditions by any person claiming indemnity or benefit
4. Prevention of loss
The policyholder shall take all reasonable precautions to prevent loss, damage and accidents and may effect emergency repairs to his property after notifying insurer to prevent further damage
5. Deliberate or fraudulent act
The insurer will not be liable for loss, damage or injury arising from deliberate or fraudulent act by policyholder
6. Claims procedure and requirements
6.1 If an event giving rise to or likely to give rise to a claim comes to the policyholder’s knowledge he shall as soon as possible
6.1.1 notify the insurer within 30 days
6.1.2. give the insurer particulars of other insurance covering the same event
6.1.3. give the insurer written details of any claim
6.1.4 give the insurer such proofs, information and sworn declarations it may require
6.1.5 report the theft to the police immediately
6.2 The policyholder must give the insurer any document or details of any communication received in connection with a claim
6.3 No admission, statement, offer, promise, payment or indemnity may be made by the policyholder without the written consent of the insurer
6.4 The insurer may take over the conduct the defense of settlement of any claim and has the right to use the policyholder’s name for this purpose
6.5 The policyholder shall at the request and at the expense of the insurer do and concur in doing and permit to be done all such acts and things as maybe necessary and /or reasonably required by the insurer for the purpose of enforcing any rights and remedies or of obtaining relief or indemnity from other parties to which the insurer shall be or would become entitled or subrogated upon its paying for or making good any loss or damage 3
under this policy, whether such acts and things shall become necessary before or after the policyholder indemnification by the insurer.
If the policyholder or anyone acting on the policyholders behalf shall not comply with the requirements of the insurer or obstruct the insurer in doing any of the aforementioned acts, then all benefits under this policy shall be forfeited
6.6 The policyholder must notify the insurer immediately he comes aware of any impending prosecution or inquest in respect of any event, which may give rise to a claim
6.7 If the insurer repudiates liability for any claim made or contemplated under this policy it shall be relieved of liability unless action at law commences within 90 days of repudiation
6.8 The insurer will not be liable for claims where the policyholder fails to forward relevant documents necessary to process the claim within a period of six months unless such a claim is the subject of a pending court case, arbitration or there is a third party involved
If the property insured is at the time of loss or damage of greater value than sum insured the policyholder will be considered his own insurer for the difference and shall bear a ratable proportion of the loss. This condition applies separately to
7.1 building of the home (section 1)
7.2 household goods (section 2)
7.3 all risks (section 3 – unspecified property)
The sums insured in respect of:
[a] all items of section 1[Houseowners] of this policy
[b] All items of section 2[Householders] of this policy
will be increased automatically on each renewal date by a percentage commensurate with the consumer price index.
The provisions of this general condition does not relieve the insured of his responsibility to ensure that the sums insured represent the full replacement value of the property at all times.
If the loss or damage is covered by any other insurance the insurer will not pay more than its ratable proportion 4
8.1 Limitations and amendments
Limitations of and amendments to the terms, conditions and extensions of this policy as well as amendments to the premium may be made by the insurer after 30 days notice to the policyholders last known address.
This policy or any section of it may be cancelled by giving 30 days notice in writing on both sides provided that the following shall apply:
9.1 The insurer on exercising their right to cancellation return the insured the premium paid less the customary short period or minimum premium on condition there is no prior or pending claim
9.2 The insured on exercising their right to cancellation shall be entitled to a return of the premium paid less the customary short period or minimum premium on condition there is no prior or pending claim
9.3 Should the premium required by the insurer for one year’s insurance is paid monthly in advance in one amount the insurer shall retain all premiums paid.
This policy does not cover bodily injury or loss of or damage to property related to or caused by
10.1 civil commotion, labour disturbance, riots, strike or lockout
10.2 war, invasion, act of foreign enemy, hostilities or warlike operation (whether war be declared or not) or civil war
10.3 mutiny, military or usurped power, martial law or state of siege, or any other event or cause which determines the proclamation or maintenance of martial or state or siege, insurrection, rebellion or revolution
10.4 any act (whether or behalf of any organization, body or person, or group of persons) calculated or directed to overthrow or influence any Sate or government, or any provincial, local or tribal authority with force, or by means of fear, terrorism or violence.
10.5 any act which is calculated or directed to bring about loss or damage in order to further any political aim, objective or cause, or to bring about any social or economical change or in protest against any Stare or government, or any provincial, local or tribal authority, or for the purpose of inspiring fear in the public, or any section thereof
10.6 any attempt to perform any act referred to in clause 10.4 or 10.5 above 5
10.7 the act of any lawfully established authority in controlling, preventing, suppressing or in any other way dealing with any occurrence referred to clause 10.1,10.2,10.3,10.4,10.5,10.6 above
If the insurer alleges that by reason of clause 10.1,10.2,10.3,10.4,10.5,10.6,10.7 of this Exclusion, loss or damage is not covered by this policy, the burden of proving the contrary shall rest on the policyholder
This policy does not cover
10.8 loss, damage or liability directly or indirectly caused by or arising from or in consequence of or contributed to by nuclear weapons material or by ionizing radiation or contamination by radio-activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel which includes any self-sustaining process of nuclear fission.
10.9 consequential loss or damage except as specifically provided
12. Reinstatement of Sum Insured
Notwithstanding the occurrence of a loss this insurance will remain in force for the full amount the insured agreeing to pay additional premium on the amount of such loss pro rata from the date of the damage to the expiry of the period of insurance.
13 Premium Payments
13.1 If paid annually
The premium is payable before the inception or renewal date as the case maybe. The insurer will not be obliged to accept premiums paid after such date but may do so upon such terms as it may determine.
13.2 If paid monthly:
It is an explicit condition that all monthly premiums are paid a month in advance.
Should the regular advance payment of the monthly amount cease or be interrupted, the insurance under this policy [notwithstanding anything contrary contained in this policy] shall be deemed to have been cancelled on the last day of the uninterrupted period for which premium has been paid with insurer retaining all premiums already paid.
All sums of money stated in this policy are declared to be in the currency of Zimbabwe. 6
BUILDING OF THE HOME
For this section
1.1 policyholder means the person in whose name this policy is issued.
1.2 dwelling means the building of the private dwelling house and outbuildings, landlord’s fixtures an fittings, walls, gates and fence (excluding hedges), swimming pools and swimming pool machinery (other than automatic pool cleaners) domestic water pumping machinery, tennis courts and sauna baths, the property of the policyholder
2. Indemnity to policyholder
The insurer will
2.1 if the dwelling is destroyed by an insured event, pay the reasonable costs incurred by the policyholder in reinstating the dwelling on the same site as nearly as possible to its condition when new provided the work of reinstatement is commenced and carried out with reasonable dispatch.
2.2 if the dwelling is damaged by an insured event, pay the amount of the damage or choose to repair or replace it without deduction for depreciation
For 2.1 and 2.2, the value of the dwelling shall be the cost of its reinstatement as new at the time of reinstatement
3. Insured events
3.1 Fire lighting explosion
3.2 Malicious acts excluding loss or damage caused by a person lawfully in the dwelling
3.3 Storm or flood excluding loss or damage caused by subsidence ground heave or landslide
3.4 Earthquake excluding loss or damage (other than by fire) arising from mining operations
3.5 Bursting, leaking or overflowing of water apparatus or pipes but excluding damage to the
3.6 Theft provided if the dwelling is vacant there is forcible and violent entry or exit
3.7 Impact by any vehicle or animal excluding damage to glass and sanitaryware (see 4 below)
3.8 Breakage or collapse of radio or television aerial or masts
3.9 Falling trees or branches [except whilst being felled]
4. Breakage of glass and sanitaryware
In the event of accidental breakage in the dwelling whilst furnished and occupied (except when it is vacant) of
4.1 fixed glass
4.2 fixed sanitaryware excluding chipping, scratching and disfigurations 7
the insurer will pay for or choose to repair or replace it
5. Loss of rent
if the dwelling becomes uninhabitable as a result of destruction or damage caused by an insured event the insurer will, for the period necessary for reinstatement, indemnify the policyholder for loss of rent up to 20% of the sum insured on the dwelling
The basis of the calculation shall be the annual rent of the unfurnished dwelling or its equivalent rental value
6. Public supply or mains connection
In the event of accidental damage to water, sewerage, gas, electricity or telephone connections belonging to the policyholder or for which he is responsible between his dwelling the public supply the insurer will pay for or choose to repair it
7. Public authorities requirements
The insurer will pay costs necessarily incurred in repairing or rebuilding in accordance with the requirements of public authorities following destruction or damage to the dwelling by an insured event
8. Municipal fire brigade charges
if authorities charge the policyholder with the cost of fire extinguishing following fire damage to the dwelling the insurer will indemnify the policyholder up to $1,000
The insurance of the mortgagee’s interest will not be invalidated by any act or omission of the mortgagor if such act or omission occurs without the mortgagee’s knowledge provided the mortgagee notify the insurer upon becoming aware of mortgagor’s acts or omission and pay any additional premium if there is a material change in the insured property
This insurance will not be invalidated by any act or omission of a tenant of the policyholder provided he notifies the insurer as soon as such act or omission comes to his knowledge and pays the appropriate additional premium
11 It is declared and agreed that whilst the insured property is in course of erection, or whilst any structural alterations or additions or repairs to the insured property are being done, and until final completion, this section shall be deemed to have been amended as follows: 8
i) Articles 3.6, 3.7, 3.9 and 3.10 and extensions 4, 5 and 6 are cancelled
ii) Article 3.8 is cancelled and replaced by the following:
3.8 Impact by any vehicle and animal not belonging to, and not in the charge or under the control of, any contractor or subcontractor or any of their employees engaged in the work in connection with
a] the erection or completion of the insured property
b] structural alterations or additions or repairs to the insured property or the completion of such alterations , additions or repairs 9
For this section
1.1 policyholder means the person in whose name this policy is issued and members of his family resident with him
1.2 dwelling means any building (other than a hotel) in which the policyholder is permanently residing
2. Property insured
Household goods and personal effects (including money up to $500) which belong to or are the responsibility of the policyholder
3. Indemnity to policyholder
If the property insured is lost or damaged by an insured event the insurer will pay for or may choose to repair or replace it. The amount payable will be based on the current replacement value less an allowance for depreciation. No deduction will be made for depreciation in the event of total loss or destruction of furniture, carpets, curtains or domestic appliances not more than two years old.
4. insured events
4.1 Fire lighting explosion
4.2 malicious acts excluding loss or damage caused by a person lawfully in the dwelling
4.3 Storm wind water hail or snow excluding loss or damage
4.3.1 to property in the open
4.3.2 arising out of any process necessarily involving the use or application of water
4.3.3 in any structure not completely roofed
4.4 Earthquake excluding loss or damage (other than by fire) arising directly or indirectly from mining operations
4.5 Bursting, leaking or overflowing of water apparatus or pipes but excluding damage to the
4.6 Sudden and violent damage to any building as a result of impact by vehicle or animal
4.7 Theft from
4.7.1(a) the dwelling but excluding theft whilst the building or any part of it is being let or sublet unless accompanied by violent entry or exit
(b) its outbuildings if there is forcible and violent entry or exit
4.7.2 any building in which the policyholder is temporarily residing provided insurer has been notified
4.7.3 any bank or safe deposit 10
4.8.1 of laundry, garden and swimming pool furniture/implements from the grounds of the policyholder’s dwelling, limit $2500 any one loss
4.8.2 whilst in transit during a permanent change in the policyholder’s residence to or from a bank, safe deposit or furniture store
5. Special exclusions
The insurer will not be liable for
5.1 loss or damage caused, sustained or incurred outside the territorial limits of the Republic of Zimbabwe, Botswana, Lesotho, Malawi, Namibia, South Africa, Swaziland and Zambia
5.2 theft of money unless stolen from a building mentioned in 4.7.1 and there is forcible and violent entry or exit
5.3 theft from the dwelling or its outbuildings whilst lent, let sub-let unless there is forcible and violent entry or exit
5.4 theft or malicious acts if the dwelling has not been lived on for more than 60 consecutive days
5.5 any amount in excess of one third of the total sum insured on contents for any one claim for jewelry, precious metals, furs and works of art
5.6 loss, damage or injury animals securities certificates and documents of any kind, stamp and coin collections motor vehicles, caravans and trailers including their fitted accessories, water-borne vessel or craft and their equipment
5.7 property held or used in connection with any business, profession or employment
5.8 property more specifically insured
5.9 consequential or indirect loss or damage of any kind or description whatsoever, except loss of rent as expressly provided under extension 6.9
5.9.1 Loss or damage for which provision is made in any guarantee or service contract or in any hire or hire purchase or financing agreement or any other agreement of whatever nature regarding the insured property or any part thereof.
6. Special extensions
6.1 Television sets and glass
If in the dwelling 11
6.1.1 any television set or its aerial is accidentally damaged (other than mechanical or electrical breakdown)
6.1.2 any mirror, plate glass in or on furniture is accidentally damaged
the insurer will indemnify the policyholder
If the property not otherwise insured belonging to a guest temporarily residing with the policyholder is lost or damaged by any event specified in 4.1 to 4.8.1 the insurer will indemnify the guest up to $1,000 any one loss
6.3 Property of domestic employees
If the property belonging to any domestic employee of the policyholder is lost or damaged in the dwelling or its outbuildings by an insured event the insurer will indemnify the domestic employee up to $1000 any one loss
6.4 Refrigerator and deep-freeze contents
In the event of deterioration of foodstuffs contained in any refrigerator/deep freeze unit in the dwelling or outbuildings as a result of?
6.4.1 breakdown of or accidental damage to the unit
6.4.2 failure of power supplied by public authorities
The insurer will indemnify the policyholder for loss of foodstuffs up to $200 any one loss
6.5 Locks and Keys
The insurer will indemnify the policyholder against costs exceeding $500 reasonably and necessarily incurred as a direct consequence of any keys of the dwelling or its outbuildings owned by the policyholder being lost or damaged.
6.7 Medical expenses
If the medical/Veterinary expenses are incurred as a result of accidental bodily injury sustained by any
6.7.1 person other than the policyholder caused by a domestic animal owned by the policyholder
6.7.2 guest or visitor arising from any defect in the dwelling
6.7.3 domestic employees of the policyholder arising from the employment of the employee
6.7.4 animal owned by the policyholder arising from a road accident
the insurer will pay the expenses up to $500 per person/animal
6.8 Compensation for death of the policyholder 12
If the policyholder is fatally injured in the precincts of the dwelling as a result of an accident the insurer will pay
6.8.1 $1,000 for a person 18 years of age and under
6.8.2 $2,000 for a person over 18 yeas of age
6.9 Loss of rent
if the dwelling becomes uninhabitable because of loss or damage caused by an insured event the insurer will for the period necessary for reinstatement indemnify the policyholder for
6.9.1 rent he is liable
6.9.2 any reasonable additional costs incurred in providing alternative board and lodging for himself, his family and domestic employee normally resident with him
up to 20% of the sum insured on household goods. 13
For this section policyholder means person whose name this policy is issued and members of his family normally resident with him
2. Property insured
2.1 Unspecified: Clothing, baggage and person effects normally worn or carried on the person
2.2 Specified: Any property listed in the schedule
3. Indemnity to policyholder
If the property insured is accidentally lost or damaged the insurer will pay for or may choose to repair or replace it. The amount payable will be based on the current replacement value less on allowance for depreciation
4. Special exclusions
4.1 in respect of unspecified property
4.1.1 more than $100 for any one article excluding clothing
4.1.2 spectacles, prescriptions sunglasses, contact lenses, laptops and cellphones
4.1.3 stamp and coin collection, money, documents or property more specifically insured
4.2 wear, tear or depreciation
4.3 electrical or mechanical breakdown not accompanied by other damage
4.4 any article lost from an unattended vehicle unless concealed in a locked boot of a locked vehicle
4.5 the special value which any article may have as part of a set
4.6 the value of any sounds or images recorded on tapes, records or film
4.7 loss or damage caused by
4.7.1 vermin, moths or gradually operating causes
4.7.2 any process of cleaning, dyeing or renovating 14
4.7.3 confiscation or detention by any process of law
4.7.4 any inherent defect
4.8 loss or damage to precious and semi precious stones
4.8.1 due to faulty settings and /or the malfunctioning of claws and or other mountings
4.8.2 caused by the gradual deterioration and normal wear and tear of claws or other mountings
4.9 damage to watches or clocks by over winding
4.10 internal damage to watches or clocks unless caused by theft [or attempt thereof] or fire
4.11 loss or damage for which provision is made in any guarantee or service contract.
4.12 consequential or indirect loss or damage of any kind or description whatsoever.
6 Property which is not insured
6.1 Any property, which was obtained or is being obtained with the sole purpose of being disposed in a business transaction
6.2 Vehicles of any kind including vessels or watercraft and any part of such vehicles, vessels and watercraft whilst in or on or attached to such vehicle, vessels or watercraft.
6.3 Animals 15
For this section policyholder means the person in whose name this policy is issued and members of his family normally resident with him
2. Indemnity to policyholder
if the policyholder becomes legally liable to pay compensation for accidental death, bodily injury or illness or accidental loss of or damage to property occurring during the period of insurance the insurer will indemnify the policyholder up to $10,000 for any one accident or series of accidents arising out of one event. In addition the insurer will pay all costs and expenses incurred with its written consent.
If the policyholder becomes legally liable as tenant and not as owner for
3.1 damage to the building of a dwelling and/or outbuildings (including fixtures and fittings) caused by an insured event specified in household goods (Section 2)
3.2 accidental damage to fixed sanitary ware and fixed glass
3.3 accidental damage to water, gases sewage, electricity or telephone connections to the dwelling or outbuildings
The insurer will indemnify the policyholder up to $10,000 for any one accident or series of accidents arising out of one event
4. Special exclusions
This section excludes liability
4.1 for compensation to the policyholder
4.2 for loss of or damage to property belonging to or in the custody or control of the policyholder or his domestic employee
4.3 directly or indirectly due to
4.3.1 any employment, business, profession or activity for reward of the policyholder
4.3.2 the ownership of land or buildings (other than buildings insured by section 1 and land upon which they are
situated provided the land is used for residential purposes
4.3.3 the occupation of land or buildings 9other than the policyholder’s residence)
4.3.4 the use of any motor vehicle, caravan, trailer, aircraft or water-borne vessel or craft (other than model aircraft)
4.4 accepted by agreement which would not have attached in the absence of the agreement
4.5 for costs and expenses incurred after payment by the insurer of the maximum indemnity of $10,000
4.6 for compensation for damaged in respect of judgements not in the first instance delivered by or obtained from a court of competent jurisdiction in Zimbabwe or for any costs or expenses of litigation which are not incurred in and recoverable in Zimbabwe
If the policyholder scores a hole-in-one playing as an amateur in a game of golf in terms of the rules at any recognized golf club the insurer will pay $1,000 on written confirmation by the secretary of the club
6. Credit cards
The insurer will indemnify the policyholder up to $500 in any one calendar year against liability arising from fraudulent use of any credit card. The loss of any credit cards must be reported to the issuing organization as soon as possible and the policyholder must have complied with the conditions of issue of the card. 17
MARINE SMALL CRAFT
1. LOSS OR DAMAGE TO VESSEL
The insurers will indemnify the insured against loss of or damage to the vessel described in the schedule including its equipment, engines and gears (excluding personal effects and fishing tackle), resulting from an insured event.
2. INSURED EVENTS
2.1 External accidental means including stress or weather, stranding, sinking, collision, contact with aircraft, malicious act, fire riot, strikes, civil commotion.
2.2.1 of the entire vessel including outboard motor
2.2.2 of any part of the vessel following upon forcible and violent entry into the vessel or place of storage
2.2.3 of outboard motor(s) provided it is securely locked to the vessel
2.3 Loss or damage to the vessel whilst in transit by road but excluding scratching bruising or shipping whilst in transit
2.4 Loss or damage to the outboard motor(s) as a result of dropping off or falling overboard.
3. BASIS OF INDEMNITY
The company may at its own option repair, reinstate, replace or pay in cash the amount of the loss or damage not exceeding the sum insured on such vessel or item as stated in the schedule.
Provided always that the maximum amount which the insured can recover under this section is:-
a) in the case of an actual or constructive total loss, the sum insured
in the case of partial loss, the reasonable cost of repairing or reinstating the damaged or lost part of the insured property and the necessary expenses connected therewith but not exceeding the sum insured. No deduction will be made except for sails and rigging. 18
4. SPECIFIC EXCEPTIONS TO SECTION 1
4.1 Loss or damage to personal effects moorings, nets and fishing equipment
4.3 Claims in respect of sails and protective covers split by the wind or blown away whilst set unless occasioned by the insured vessel stranding or coming into collision with another vessel or in consequence of damage to the spars to which the sail are bent.
4.4 Loss or damage to motors (other than whilst in transit), machinery or batteries unless caused by the vessel being stranded, sunk, burnt, on fire, collision or in contact with any external substance other than water, or by malicious damage or by assailing thieves or by fire whilst stored on the shore.
4.5 Loss or damage caused by or attributable to the watercraft not being seaworthy.
5. COSTS OF SAFEGUARDING AND DELIVERY
Should the vessel be disabled by reason of any loss or damage insured under this policy the insurers will pay the reasonable costs of storing, safeguarding and removal to the nearest repairer. The company will also pay the reasonable costs of delivery of the vessel to the insured after repair of such loss or damage not exceeding the reasonable cost of transport to the address of the insured.
6. COSTS TO PREVENT A LOSS
The insurer will indemnify the insured for reasonable costs incurred to prevent or minimize a loss covered under this section.
II LIABILITY TO THIRD PARTIES
1. The insurers will indemnify the insured for amounts which he might become legally liable to pay as compensation for death, bodily injury and damage to property due to an occurrence which happens or arises in connection with the vessel including damage to piers docks, wharves and jetties.
2. LIABILITY OF WATER-SKIERS OR PARASAILORS
This section covers the insured’s legal liability for amounts that a water skier or parasailor must pay as compensation, due to an occurrence that happens or arises while the water skier or parasailor is being towed by the watercraft. 19
a) If the water-skier or parasailor is entitled to indemnity under another policy
b) Accidental death or bodily injury or illness of a member of the household or employee of the water-skier or parasailor
c) Loss or damage to property of the water-skier, a member of his household or his employee
d) If the water skier does not comply with the terms of this section of the policy
3. LIABILITY IF ANOTHER PERSON NAVIGATES THE VESSEL
This section covers the legal liability for amounts, which another person must pay as compensation, due to an occurrence that happens or arises in connection with the vessel, while the other person navigates the vessel.
Provided always that the other person:-
a) Navigates the vessel with the insured’s express or implied permission
b) Is not entitled to indemnify under another policy
c) Complies with the terms of this Section of the Policy
d) Was not refused any insurance for a sailboat, motorboat or small watercraft or continuance there of by an insurer
4. SPECIFIC EXCEPTIONS TO SECTION II
4.1 Liability due to accidental death or bodily injury or illness of the insured members of his household and his employees
4.2 Liabilities in connection with the vessel or any work or repair thereto
4.3 Liability in respect of loss or damage to property belonging to the insured, his employees or members of his household or under their custody or control
4..4 Liability for accidents arising whilst the insured vessel is in transit by road
4.5 Liability for claims in respect of fare paying passengers. 20
5. GENERAL EXCEPTIONS
5.1 Vessels whose design speed exceeds 72km/hr (45 m.p.h.)
5.2 Vessels designed as houseboats
5.3 Claims resulting from the insured vessel being let out on hire or charter or used for other than private pleasure purposes
5.4 Claims resulting from the insured vessel undertaking towing or salvage service under a contract previously arranged.
5.5 Claims arising from participation in any race.
6. SPECIFIC CONDITIONS
The insured shall maintain and keep the vessel in a proper state of repair and seaworthiness at all times during the currency of this insurance. For the purpose of this section seaworthiness shall mean fit for sailing on inland waters of Zimbabwe as defined in the Cruising Warranty.
Should the insured vessel be sold or transferred to new ownership then this section shall thereupon become cancelled from the date of sale or transfer and a pro rata return of premium shall be made.
6.3 Glitter Finish
In the event of damage caused by a peril insured by this policy the company’s liability is restricted to making good the damaged area only and in no case shall the cover be deemed to extend to cover respraying or repainting of the complete vessel due to inability to match paint or finish.
6.4 Spare Parts
If any item insured is lost or damaged and cannot be repaired or replaced due to parts units or accessories being unobtainable in Zimbabwe the company’s liability shall be limited to:-
a (i) The price quoted in the latest catalogue or price list issued by the manufacturer or his agent.
(ii) In the absence of a Zimbabwean agent’s price list the last manufacturer’s or agent’s list in the country of origin plus the reasonable costs of transport to Zimbabwe otherwise than by air and relative import duty.
b. The reasonable cost of fitting such parts units or accessories. 21
INDIVIDUAL PERSONAL ACCIDENT
1.1 “Insured” The persons named in the Schedule between the ages of 18 years and 65 years
1.4 “Permanent total disablement”
permanent total disablement that prevents the insured from following
his usual occupation or any other occupation for which he is fitted by
knowledge or training
1.5 “Temporary total disablement”
total and absolute incapacity from following usual occupation for a period longer than one week or other “waiting period” stated in the schedule and shall be deemed to have ceased when the injury causing the incapacity has healed or been cured as far as is reasonably possible notwithstanding that permanent disablement may remain.
1.6 “Medical Expenses”
medical surgical dental hospital and nursing home expenses and any reasonable travelling expenses incidental thereto.
2. INSURED EVENT
The insurer will pay compensation to the insured if he:-
2.1 sustains bodily injury by violent external visible means as the direct result of an accident
2.2 dies from or is disabled by exposure following an accident to a conveyance in which he was travelling
2.3 disappears following an accident subject to such proof as would satisfy a court of law, that death caused by such accident should be presumed. If the insured reappears after payment of compensation for death the insured must refund such amount to the insurer.
3. COMPENSATION PAYABLE
Where the bodily injury results in death within 12 months of the date of the accident the insurer will pay the benefit stated in the schedule. 22
3.2 Permanent disablement
Where the bodily injury results in permanent disablement within 12 months of the date of the accident the insurer will pay a percentage of the death benefit in accordance with the following table:-
PRESCRIPTION OF INJURY PERCENTAGE OF DEATH
Loss by separation at or above the wrist or ankle or 100
one or more Limbs or the irrecoverable loss of all
sight in one or both eyes
four entire fingers on one hand 70
entire thumb 25
entire index finger 15
any other entire finger 6
all toes on one foot 32
entire big toe 4
any other entire toe 3
hearing – both ears 80
hearing – one ear 20
3.2.1 permanent total loss of use of a limb will be accepted as loss of separation
3.2.2 where injury is not specified the insurer will apply a percentage consistent with this table
3.2.3 compensation paid for permanent disablement shall be deducted from compensation payable for death resulting from the same accident
3.2.4 total compensation shall not exceed the amount payable for the death of the insured.
3.3 Temporary Total Disablement
Where the bodily injury results in temporary total disablement for a period longer than one week or other “waiting period” stated in the schedule the insurer will pay the benefit stated in the schedule. For the purposes of calculating the compensation payable under this benefit one month shall equal 30 days. 23
3.4 Medical attention
Where the bodily injury results in the insured receiving medical attention the Insurer will pay the reasonable medical expenses incurred within 12 months of the date of the accident up to the maximum amount specified in the schedule.
Any expense payable under the item will be reduced by an amount equal to any payments received or receivable by the insured under any Workmen’s Compensation enactment.
4. SPECIAL EXCLUSIONS
The insurer will not be liable for bodily injury death disablement or disappearance.
sustained whilst participating in
4.1.1 mountaineering where the use of ropes or a guide is necessary
4.1.2 big game hunting
4.1.3 football for or against professional clubs polo steeplechasing rugby
winter sports ice hockey wresting boxing aqualung diving water
skiing martial arts hang-gliding or port holing
4..1.4 speed or duration test or racing (other than on foot)
sustained whilst riding on a motorcycle
4.3 Air travel
sustained whilst travelling in an aircraft
4.3.1 not licensed for the carriage of passengers
4.3.2 not piloted by a person licensed for the purpose for which it is
4.3.3 as a member or acting member of the crew or for the trade or technical operation connected with the aircraft.
4.4 Condition or act of insured
resulting from an accident caused by or attributable to
4.4.1 suicide, attempted suicide or intentional self-injury
4.4.2 the insured’s willful misconduct
4.4.3 any physical or mental defect or infirmity from which the insured
was suffering before the accident
4.4.4 the influence of intoxicating liquor or drugs unless it can be shown
to the insurer’s satisfaction that the injury was not caused by or
attributed to such influence.
5. Riot and nuclear exclusion 24
Only apply when indicated in the schedule
6.1 Occupational accidents only
This insurance will only operate if the bodily injury sustained by the
insured is caused directly by an accident arising from his employment in
the course of the business.