In consideration of the Insured having paid the premium for the Period of Insurance Stated in the Schedule Cell Insurance Company (Private) Limited will indemnify the Insured against loss, damage or liability as described in this Policy and subject to the terms conditions and exceptions described therein.
Any proposal form completed or any document or statement made by or on behalf of the Insured and submitted to the Company for the purpose of assessing the risk shall form the basis of the insurance provided by this Policy.
This Policy is a legal document and it is important that you examine it carefully to ensure that it meets your requirements. If it does not or if your insurance requirements change please let us know right away. You are reminded of the need to tell us immediately of any facts or changes which we would take into account in our assessment or acceptance of this insurance as failure to disclose all relevant facts may invalidate your Policy, or may result in your Policy not operating fully. 2
To avoid repetition and to clarify the meaning of certain words and phrases they are defined here. Each time one of the words or phrases is used it will have the same meaning wherever it appears in your Policy.
The Insured / You / Your
The Insured named in the Schedule and in the case of an individual each member of the Insured’s family normally residing with the Insured.
The Company / The Insurers / We / Us / Our
Cell Insurance Company (Private) Limited
The Schedule issued to the Insured is part of this Policy and contains, amongst other information, details of the Insured, the effective dates of insurance, the premium and the Motor Car(s) insured.
Occurrence / Event / Accident
Means each and every accident or series of accidents arising from one original cause giving rise to a claim under this Policy.
Means an authorised written variation of the terms, conditions, and exceptions of the Policy.
(a) a motor vehicle designed primarily for the carriage of not more than eight passengers
(b) a motor vehicle designed primarily for the carriage of goods and having a designated maximum carrying capacity not exceeding 2500kg. 3
DEFINITIONS OF COVER
The cover which we are providing for your Motor Car(s) is as stated in the Schedule and the terms used in the Schedule to describe the extent of the cover provided are defined below.
(a) Comprehensive Cover
Means the full extent of cover provided by Sections 1 and 2 of this Policy
(b) Full Third Party Fire and Theft Cover
Means that the extent of cover provided in terms of Section 1 is restricted to loss of or damage to the Motor Car insured as a result of the following perils
Fire, Self-Ignition, Explosion, Lightning, Theft or attempted Theft
Liability to Third Parties under Section 2 remains in full force and effect.
Except where the contrary is specifically indicated by Endorsement, all of the Comprehensive Extensions under Section 1 of the Policy are cancelled and of no further effect.
The First Amount Payable Clause of this Policy applies only in respect of claims involving fire, theft or any attempted theft.
(c) Fire and Theft (Laid Up) Cover
Means that the cover provided in terms of Section 1 is restricted to loss of or damage to the Motor Car insured occurring whilst the Motor Car is laid up and out of use.
Except where the contrary is specifically indicated by Endorsement, all of the Comprehensive Extensions under Section 1 of the Policy are cancelled and of no further effect. Section 2 of the Policy is cancelled and of no further effect.
The First Amount Payable Clause of the Policy applies only in respect of claims involving fire, theft or any attempted theft.
(d) Full Third Party Only Cover
Means that Section 1 – Loss of Or Damage To The Motor Car, is cancelled in its entirety. Except where the contrary is specifically indicated by Endorsement, all Extensions to cover under Section 1 of the Policy are cancelled and of no further effect. Only Section 2 remains in force.
The First Amount Payable Clause of this Policy does not apply.
(e) Road Traffic Act Cover
Means that cover is restricted to death and/or bodily injuries to Third Parties in terms of and to the minimum extent required under the Road Traffic Act 1976 of Zimbabwe or any amendment thereof.
The First Amount Payable Clause of this Policy does not apply. 4
Applicable to the whole Policy
1. Maintenance and Security
You are obliged to take all reasonable precautions to ensure the safety of the Motor Car described in the Schedule and are required to maintain the insured Motor Car in an efficient condition for the prevention of any accident. We have the right to examine any Motor Car insured under this Policy at any time.
2. Claims Procedure
On the happening of any loss, injury or damage which might result in a claim under this Policy you must notify us in writing with all relevant details without delay. Any unnecessary delays in notification may prejudice your right to indemnity under this Policy.
No admission, offer, promise of payment or indemnity shall be made by you or any person using your Motor Car without our written consent.
Every letter claim writ summons or process served upon you or the driver of the Motor Car shall be notified or forwarded to the Company immediately upon receipt by you.
Immediately you have knowledge of any impending prosecution or inquest, you shall notify the Company.
In cases of theft, attempted theft, malicious damage, vandalism any criminal act or any motor accident which, in terms of legislation you are required to report to the Police, you must also notify the Police immediately and cooperate with us in securing the conviction of the offender.
You shall render to the Company all reasonable assistance in investigating negotiating or settling a claim.
3. Insurers Rights Following a Claim
We shall be entitled
(i) on the happening of any loss or damage to take and keep possession of the Motor Car insured and to deal with the salvage in a reasonable manner
No property may be abandoned to us.
(ii) to undertake in your name and on your behalf the absolute conduct, control and settlement of any process and to take proceedings at our own expense and for our own benefit to recover compensation or secure indemnity from any third party in respect of anything covered by this Policy. You are in such cases obliged to give all such information and assistance that we may require and cooperate with us fully.
(iii) to have full discretion in the conduct of any proceedings or in the settlement of any claim.
4. Fraudulent Claims
If any claim under this Policy shall be in any respect fraudulent or if any fraudulent means or devices are used by you or anyone acting on your behalf to obtain benefit under this Policy all benefit hereunder shall be forfeited.
If any difference arises as to the amount to be paid under this Policy (liability being otherwise admitted) such difference shall be referred to the Commercial Arbitration Centre in Harare.
Where any difference is by this Condition to be referred to arbitration the making of an award shall be a condition precedent to any right of action against Insurers. 5
6. Other Insurances
If any loss, damage or liability covered by this Policy is covered by another insurance we shall pay only our rateable proportion. This will not impose any liability on us which but for this Condition we would have been relieved of under Paragraph 1 (a) of Section 2 of this Policy.
7. Termination of Cover
(a) We may cancel the cover provided by this Policy by giving 30 days notice in writing to you, your insurance agent or insurance broker. If we cancel the Policy, we shall allow a pro rata refund of premium for the remainder of the period of insurance unless a claim has been paid during the period of insurance in which case no refund of premium will be made.
(b) You similarly may cancel the Policy at any time on giving notice to that effect to us. If the Policy has been in force for less than one full year, we are entitled to charge short period rates (on our usual scale) for the time that the Policy has been in force. If the Policy has been in force for a period greater than one full year, (without any claim having being intimated) we will allow a pro rata refund of premium.
In the event of a claim occurring during the period of insurance when cancellation is requested, we are not obliged to make any refund of premium.
(c) The insurance in respect of any Motor Car or Trailer is automatically terminated on the sale or any other transfer of ownership of the Motor Car(s) insured.
If you or anyone acting on your behalf mis-describes, misrepresents or fails to disclose any material fact which may have had a bearing on our decision in issuing this Policy, whether the mis-description, misrepresentation or non-disclosure relates to any particular section of the Policy or the Policy as a whole, the Policy shall be void.
9. Your Duties in Terms of the Policy
The due observance and fulfillment by you of the terms conditions and endorsements of this Policy in so far as they relate to anything which must be done or complied with by you and the truth of the statements or answers in the Proposal Form shall be conditions precedent to any liability on our part to make any payment under this Policy. No waiver of the terms and conditions shall be allowed unless made in writing by us.
The indemnity provided by Section 2 of this Policy, Liability to Third Parties shall not apply to:
(a) compensation for damages in respect of judgments which are not delivered by or obtained from a Court of competent jurisdiction within Zimbabwe, South Africa, Namibia, Lesotho, Botswana, Swaziland, Malawi and Zambia.
(b) Costs and expenses of litigation recovered by any claimant from the Insured which are not incurred in and recoverable in Zimbabwe, South Africa, Namibia, Lesotho, Botswana, Swaziland, Malawi and Zambia.
All sums of money mentioned in this Policy are in the currency of Zimbabwe. 6
12. Passing of Interest
Unless we have specially agreed in writing nothing contained in this Policy shall give any rights against us to any person other than you. We shall not be bound by any passing of your interest other than by death or operation of law unless we declare in writing that the insurance is continued. The extension of our liability in respect of any person other than you shall not give such person the right of claim under this Policy. Only you shall be entitled in all cases to claim for and on behalf of such person and in any case your receipt shall completely discharge our liability under this Policy.
In the event of our disclaiming liability in respect of any claim, if you do not commence legal action within three months of our disclaimer (or in the case of Arbitration taking place in terms of General Condition 5 of this Policy) within three months after the award has been made by the Arbitrator all benefit under this Policy shall be forfeited.
14. Time Limitation Regarding Claims
In no case whatsoever shall we be liable under this Policy after the expiry 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 2, Liability to Third Parties.
15. Endorsements or Suspension of Drivers Licence
If during the currency of this Policy your driving licence or that of any driver specifically or generally authorised by you to use the insured Motor Car is endorsed, suspended or cancelled, or if you or your authorised driver is charged or convicted of negligent, reckless or improper driving, you are obliged to send us written notice immediately this comes to your knowledge. 7
GENERAL CLAUSES AND EXTENSIONS APPLICABLE TO THIS POLICY
1. Change of Car – Waiver of Premium
If any Motor Car described in the Schedule be disposed of and another Motor Car substituted by endorsement and if the values of the vehicles do not differ by more than two times the insurance may be transferred from one car to another without adjustment of premium until the date to which the Policy is next renewable. If the difference in value between the two Motor Cars involved exceeds 100% you will pay an additional premium or receive a refund in respect of the difference. Replacement of one car by another does not affect the No Claims Bonus.
2. Territorial Limits
This Policy applies whilst the Insured Motor Car is in Zimbabwe but in addition, extends to indemnify you whilst the Motor Car is temporarily in
Republic of South Africa Lesotho Botswana
Namibia Swaziland Mozambique
Including cover whilst the Motor Car is in transit by sea between any ports in the aforementioned territories and loading and unloading incidental to such transit.
It is noted and agreed that cover is subject to the following restrictions in respect of any accident(s) and/or loss(es) occurring whilst the Motor Car is inside Mozambique, Zambia and/or Malawi.
(a) The insurance granted under this Extension shall not apply in respect of vehicle recovery costs of whatever description
(b) The first amount payable by the Insured in respect of each and every claim whilst the Motor Car is in the territories of Mozambique, Zambia and/or Malawi shall be as follows;
The Insured shall be responsible for an amount equal to 5% of the value of the insured Motor Car as indicated by the Insured to the Insurers or the sum of US$200 (or the equivalent thereof in the local currency) whichever shall be the greater. This amount (excess) shall apply in addition to any other First Amount(s) Payable under this Policy.
This Policy shall not be deemed to be a Policy of insurance in compliance with the provisions of any compulsory insurance legislation in those territories.
3. Description of Use
This Policy applies whilst the Motor Car(s) insured is/are being used for social domestic and pleasure purposes subject to the limitations and/or exclusions contained in the Description of use Clause. Use for business and/or professional purposes is included only if specifically stated in the Schedule of this Policy.
This Policy excludes
any accident injury loss damage and/or liability caused by or to the Motor Car or Trailer whilst being used for any purpose in connection with the motor trade which use shall include any operation of the Motor Car or Trailer while in the custody or control of a member of the motor trade for the purposes of overhaul upkeep or repair or driving instruction for paying pupils or whilst let out on hire or whilst used as a taxi or plying for public or private hire or whilst racing or pacemaking 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 an hotel private hotel or boarding house if you are the keeper of such hotel private hotel or boarding house or whilst being used for the carrying of explosives.
Provided that notwithstanding anything to the contrary herein contained the insurance granted by this Policy in respect of the Motor Car described in the Schedule shall be operative while such Motor Car or Trailer is in the custody or control of and is being used by a member of the motor trade for the purpose of overhaul upkeep or repair but only in so far as it indemnifies you against loss or damage and/or liability. 8
4. Application of Limits of Indemnity
In the event of any accident involving indemnity to you and any other person(s) any limitation in terms of this Policy of the amount of indemnity shall apply to the aggregate amount of indemnity to you and such other person(s). Such indemnity shall however apply in priority to you in all cases.
6. Compulsory Motor Vehicle Insurance Requirements of Zimbabwe
It is hereby declared and agreed that in respect of the use of the Motor Car on any road in Zimbabwe this Policy shall subject to the following conditions be a Policy for all purposes of the Road Traffic Act 1976 of Zimbabwe (hereinafter referred to as “the Legislation)
1. In the event of our being required to make any payment under this Policy in respect of the liability of any person which but for the provisions of the Legislation or any amendment thereof we would not have been required to make any sum so paid shall be recoverable by us from that person.
2. Nothing contained in this Endorsement shall extend our liability beyond the minimum requirements of Legislation or any amendments thereof.
3. Any limitation of liability stated in this Policy as to the amount or the amounts which may become payable in respect of the death of or injury to any person or persons shall not apply to the indemnity which is by law required to be provided in terms of the Legislation 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 Legislation shall apply to this Endorsement. 9
This Policy does not insure
(a) damage caused by pressure waves from aircraft and other aerial devices travelling at sonic or supersonic speeds
(b) any injury loss damage or liability arising directly or indirectly in consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, strike riot or civil commotion, rebellion, revolution, insurrection or military or usurped power or any person acting on behalf of or in connection with any organisation with activities directed toward the overthrow by force of the Government de jure or de facto or to the influencing of it by terrorism or violence or by the direct consequences of any of the said occurrences.
In the event of the Company disclaiming liability for any claim under the terms of this exclusion, the onus of proving that such loss damage or liability is covered shall be upon the Insured.
(c) (i) injury, loss or damage to any property or any resulting loss or expense or any consequential loss
(ii) any legal liability
directly or indirectly caused by or contributed to, by, or arising from
1. ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel
2. the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly.
(d) loss or damage directly or indirectly caused by or contributed to by, or arising from strike riot and/or civil commotion outside Zimbabwe.
(e) loss damage or liability occurring outside the territorial limits specified in this Policy.
(f) Any accident injury loss damage and/or liability caused sustained or incurred while any Motor Car in respect of or in connection with which insurance is granted under this Policy is
(i) being used otherwise than in accordance with the “Description of Use” contained in this Policy
(ii) being driven by you or any other person with your general knowledge and consent unless duly and fully licensed to drive such Motor Car in terms of the legislation applying to any territory within the territorial limits to which this Policy applies or whilst you or any other person are driving the Motor Car whilst learning to drive unless you or such other person is complying with the laws and regulations in force relating to learners.
(iii) 1. Being driven by you whilst under the influence of alcohol or a drug or if the concentration of alcohol in your blood is in excess of 80mg per 100ml of blood.
2. Being driven with your general consent by any person who is under the influence of alcohol or a drug or if the concentration of alcohol in the driver’s blood is in excess of 80 mg per 100 ml of blood.
(g) Any claim arising out of any contractual liability
(h) consequential loss of any description 10
SECTION 1 : LOSS OF OR DAMAGE TO THE MOTOR CAR
We will indemnify you against loss of or damage to any Motor Car described in the Schedule of this Policy and/or its accessories and spare parts whilst thereon.
Provided that if to our knowledge the Motor Car described in the Schedule is the subject of a Hire Purchase or similar Agreement any moneys which but for this proviso would be payable to you under this Section of the Policy in respect of loss or damage to the Motor Car ( which loss or damage is not made good by repair reinstatement or replacement) shall be paid to the owner referred to in such agreement whose receipt shall be a full and final discharge to us in respect of such loss or damage.
We shall not be liable to pay for
(a) consequential loss arising from any cause whatsoever depreciation wear and tear mechanical or electrical breakdown failures or breakages
(b) damage to tyres by application of brakes or by road punctures cuts or bursts
(c) damage to springs due to inequalities of the road or other surface or impact with such inequalities
We may at our own option repair reinstate or replace such Motor Car or any part thereof and/or its accessories and spare parts (refer to the spare parts clause contained in this document) or may pay in cash the amount of the loss or damage up to but not exceeding
(i) Your estimated value of such Motor Car as stated in the Schedule; or
(ii) the reasonable market value of the Motor Car and/or its accessories and/or spare parts at the time of the loss or damage
whichever is the lesser.
If the Motor Car is disabled by reason of any loss or damage insured under this Section we will pay the reasonable cost of protection and removal to the nearest repairers and you may give instructions for repairs to be executed without our previous consent up to but not exceeding the amount stated in the Schedule provided that a detailed estimate is first obtained and immediately forwarded to us.
We will also pay the reasonable cost of delivery of your Motor Car to you after repair of such loss or damage not exceeding the reasonable cost of transport to your permanent physical address in Zimbabwe.
Radio / Cassette / Compact Disc Players
Unless details thereof, including value, have been given to and noted by the Company prior to the happening of any loss or damage, claims settlements in respect of Radios, Radio/Cassette Players or Compact Disc players and their accessories shall not exceed the limit stated in the schedule.
Where the Insured has completed a Proposal Form and stated that no Radios, Radio/Cassette Players or Compact Disc players is fitted to the vehicle(s), the Company will only entertain claims which may subsequently be presented in respect of these items if the Insured has (prior to the occurrence of any loss or damage) notified the Company of the details, including value, of such Radio, Radio/Cassette Player or Compact Disc Player . 11
In the event of a valid claim under Section 1 of this Policy necessitating the supply of a part not obtainable from stocks held in the country in which the Motor Car or Trailer insured is held for repair or in the event of our exercising the option to pay in cash the amount of the loss or damage our liability in respect of any such part shall be limited to
(a) (1) the price quoted in the latest catalogue or price list issued by the manufacturer or his agents for the country in which the Motor Car or Trailer insured is held for repair or
(2) if no such catalogue or price list exists the price last obtaining at the Manufacturers’ Works plus the reasonable cost of transport otherwise than by air to the country in which the Motor Car or Trailer insured is held for repair and the amount of the relative import duty
(b) the reasonable cost of fitting such part
And it is specifically agreed that we shall not be liable for any other loss whatever arising and consequent upon inability to obtain any such part in the country where the Motor Car or Trailer is held for repair.
First Amount Payable by the Insured
In respect of each and every occurrence giving rise to a claim under Section 1 of this Policy you shall be responsible for the “First Amount Payable” as specified in the Schedule of any expenditure (or any less expenditure which may be incurred) and of any expenditure which we incur in the exercise of our discretion under Section 1 of this Policy. If the expenditure incurred by us includes the “First Amount Payable” for which you are responsible you shall pay such amount to us forthwith.
If more than one motor vehicle is insured by the Policy, the “First Amount Payable” shall apply as though a separate Policy had
Been issued in respect of each motor vehicle. 12
The undernoted Extensions of cover shall apply only if the Motor Car(s) specified in the Schedule are insured for Comprehensive Cover as defined in this Policy.
Any claim for the cost of reinstating any glass forming a portion of either the Motor Car described in the Schedule or of any accessory permanently attached thereto as a result of contact with flying stones or any other object will be met without deduction for that portion of the “First Amount Payable” for which you are responsible in terms of the “First Amount Payable” Section of the Policy for which no discount of premium has been allowed but subject to a contribution by you of an amount equal to one third of the cost of reinstatement. A claim under this Extension shall not affect the No Claim Rebate provisions of this Policy.
This provision shall not apply to the breakage of glass arising from an incident in which other damage is sustained to such Motor Car
2. Medical Expenses
If the Insured or his driver or any occupant of any Motor Car described in the Schedule shall in direct connection with the Motor Car sustain any bodily injury by violent accidental external and visible means we will pay the medical expenses in connection with such injury up to the sum of $500 (five hundred dollars) in respect of each person injured. Provided that the cover granted under this Extension shall not apply
(a) if such Medical Expenses recoverable from any other source
(b) in respect of any persons being carried in any Trailer or in any pick up type vehicle (other than in the drivers cab) insured under Section 1 of this Policy.
3. Riot Strike and Civil Commotion
The words “strike, riot, civil commotion” in the General Exceptions of this Policy shall not apply to any accident, injury, loss, damage or liability directly caused by.
1. The act of any person taking part together with others in any disturbance of the public peace (whether in connection with a strike or lock-out or not) or the action of any lawfully constituted authority in suppressing or attempting to suppress any such disturbance or in minimising the consequences of such disturbance.
2. The willful act of any striker or locked out worker done in furtherance of a strike or in resistance to a lock-out or the action of any lawfully constituted authority in preventing or attempting to prevent any such act or in minimising the consequences of any such act.
The indemnity given by reason of this extension shall not apply to any accident, injury, loss, damage or liability directly or indirectly proximately or remotely occasioned by or contributed to by or traceable to or arising out of or in connection with :-
a) War, invasion, the act of foreign enemies, hostilities or warlike operations (whether war be declared or not) civil war.
b) Mutiny civil commotion assuming the proportions of or amounting to a popular arising military rising rebellion revolution insurrection military or usurped power or any act of any person acting on behalf of or in connection with any organisation with activities directed towards the overthrow by force of the Government de jure or de facto or to the influencing of it by terrorism or violence or by the direct consequences of any of the said occurrences.
In the event of any claim hereunder the onus of proof that the accident, injury, loss, damage or liability arose independently and/or was in no way connected with or occasioned by or contributed to by or traceable to any of the said occurrences or any consequence thereof either in whole or in part shall rest upon you and in default of such proof we shall not be liable to make any payment in respect of such claim
Notwithstanding the Territorial Limits specified in the Clauses applicable to this Policy, the cover provided by this Extension shall apply only in Zimbabwe and is subject otherwise to the terms exceptions and conditions of the Policy. 13
4. AVERAGE CONDITION
(Applicable to Section 1- Loss of or Damage to the vehicle other than Glass claims as defined)
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 and the inflation Provision, if insured as stated in the Schedule [hereinafter referred to as the Sum Insured] plus 20% is less than the pre-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 Sum Insured plus 20% bears to the pre-accident Market Value. The maximum liability of the Company shall in no case exceed the Sum Insured
If however the estimated repair costs exceed 80% of the Sum Insured this condition will not apply. In which event the maximum liability of the Company shall be the Sum Insured 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 Sum Insured.
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. 14
SECTION 2 : LIABILITY TO THIRD PARTIES
We will indemnify you in the event of an accident caused by or through or in connection with any Motor Car described in the Schedule or Trailer attached thereto (including any vehicle referred to in the Section titled “Towing Disabled Vehicles) against all sums including claimants costs and expenses which you shall become legally liable to pay in respect of
(i) death of or bodily injury to any person not being a member of your household nor being conveyed in the Trailer referred to above and excluding death of or bodily injury to any person in your employment or any shareholder director or partner of the Insured arising out of and in the course of such employment
(ii) damage to property but excluding your own property and property which you hold in trust or which is in your custody or control or which is being conveyed in the Trailer referred to above.
We will pay all costs and expenses incurred with our written consent
We will pay Legal Practitioner’s fees for representation at any coroner’s inquest or fatal inquiry in respect of any death which may be the subject of indemnity under this Section for defending in any magistrates court any 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 we shall be entitled to nominate our own Legal Practitioner but where such nomination is not made our liability for such fees shall be limited to the sum stated in the policy schedule in respect of any one accident.
Provided always that we shall not be liable to pay Legal Practitioner’s fees in respect of any charge which includes driving whilst under the influence of intoxicating liquor or drugs
In terms of and subject to the limitations of and for the purposes of this Section
1. We will indemnify any person who is driving or using such Motor Car on your order or with your permission. Provided that such person:
(a) is not entitled to indemnity under any other insurance Policy
(b) shall as though he were you observe fulfill and be subject to the terms exceptions and conditions of this Section in so far as they can apply
(c) has not been refused any Motor Vehicle insurance or continuance thereof by any insurance company or underwriter
2. We will also indemnify you whilst (in your personal capacity) personally driving a Motor Car
(i) not belonging to you and not hired to you under a hire purchase agreement or otherwise
(ii) not belonging to or hired to your employer or partner
Limit of Indemnity
The indemnity referred to in this Section (2 – Liability to Third Parties) shall be limited to the amount stated in the schedule in any one claim or series of claims arising out of or attributable to one event in respect of damage to the property of third parties.
Pick-ups and Vanettes
There shall be no liability under this Section of the Policy in respect of persons travelling in any pick-up or vanette type vehicle insured under this Policy other than persons travelling in the drivers cab of such vehicle. 15
Towing Disabled Vehicles
This Section applies whilst any Motor Car described in the Schedule is being used for the purpose of towing any one disabled mechanically propelled vehicle and we will indemnify you in terms of this Section of this Policy in respect of liability in connection with the towed vehicle
Provided always that
(a) such vehicle is not towed for reward
(b) we will not be liable under this Section of the Policy in respect of damage to the towed vehicle or property being conveyed by such vehicle
Payment of Limit of Indemnity
At any time after the happening of any event giving rise to a claim or series of claims under Section 2 of this Policy we may at our option pay you the full amount of our liability under that Section and relinquish the conduct of any defence settlement or proceedings and we shall not be responsible for any damage alleged to have been caused to you in consequence of any alleged action or omission done or made by us in connection with such defence settlement or proceedings or of our relinquishing such conduct nor shall we be liable for any costs or expenses whatsoever which you incur or those of any Claimant or other person after we have relinquished such conduct
The Company shall not be liable under Section 2 of this Policy in respect of liability to passengers carried in the insured vehicle where at the time of the accident the vehicle is carrying more passengers than it is designed to carry.
SECTION 3 : TRAILERS
(a) We will indemnify you in terms of Section 1 of this Policy, to the extent of the cover described in the Schedule, in respect of any Trailer described in the Schedule provided that this insurance shall not apply to the contents of such Trailer unless permanently attached thereto.
(b) We will in terms of Section 2 of this Policy indemnify you or any person indemnified by that Section in respect of any Trailer described in the Schedule provided that:-
(i) the term Trailer shall not include contents unless permanently attached thereto
(ii) we shall not be liable in respect of any person carried in such Trailer
(iii) we shall not be liable in respect of liability incurred arising out of the operation as a tool of such Trailer or plant forming part of such Trailer or attached thereto
(iv) we shall not be liable if at the time a claim arises under this Policy there is any other existing insurance covering the same liability.
In regard to that Section of this Policy entitled “Exceptions,” the term “Motor Car” shall be deemed to include any Trailer and where the word “driven” is used pertaining to a “Motor Car” the word “used” shall be deemed to replace it if applicable to a Trailer.