That Easy
MOTOR & HOUSEHOLD
Contents
BENEFITS AT A GLANCE
2
HOW TO CLAIM
3
MOTOR AND HOME
General Definitions
5
General Conditions
7
General Exclusions
11
General Exceptions
12
Rewards for Claim-Free Period
12
Motor
13
Roadside Assist
17
Buildings
18
Home Assist
20
Home Contents
21
All Risks
23
Personal Liability
25
SASRIA
26
Benefits at a glance
REWARDS FOR CLAIM-FREE PERIOD
You will receive 10% of premiums back (before additional charges) in Edgars Thank U points for every 12 month
claims-free period.
MOTOR
Our Motor insurance covers any SA registered motorcar, light delivery vehicle, caravan or trailer.
ROADSIDE ASSIST and ACCIDENT TOWING
For as long as Your Motor insurance remains in force and Your Premiums for The Vehicle are paid up to date, You will
enjoy Emergency Roadside Assistance.
CAR HIRE OPTION
Where You have selected and are paying a Premium for the Car Hire option, We will arrange for the hiring of a vehicle
following an Insured Event where The Vehicle is not driveable.
BUILDINGS
Our Buildings insurance covers the immovable structures on Your property; these are all the permanent fixtures, fittings and improvements (such as walls, roofs, swimming pool, gates and gate motors, underground pipes and cables).
HOME ASSIST
For as long as Your Buildings or Home Contents insurance remains in force and Your Premiums are paid up to date,
You will enjoy Emergency Home Assistance.
HOME CONTENTS
Our Home Contents insurance covers all Your personal possessions which are inside Your home and which belong to You or to members of Your household who live with You.
ALL RISKS
Our All Risks insurance covers Your personal possessions that You normally wear or take out of the home with You, such as clothing, jewellery and cameras.
PERSONAL LIABILITY
Our Personal Liability insurance covers You if You become legally responsible to pay compensation for accidental death or injury/illness or accidental damage to property.
The benefits on this page should be read in conjunction with Your Policy Wording and Schedule of Insurance. These benefits will only be available to You if it is indicated in the Schedule of Insurance, while Your Policy is in force and Your Premiums are paid up to date. You should read the benefits together with the exclusions and limitations in the Policy Wording and Schedule of Insurance.
How to Claim
Lodging a claim with Us is an easy and hassle free process. One call to Our claims department will put You in touch with Our specialised claims staff that will provide You with all the advice and claims assistance that You will need.
REMEMBER WHEN YOU CALL YOU WILL NEED:
• Your Policy number
• A detailed written summary of the incident
• A detailed list of all items lost, stolen or damaged in the incident
• In the Event of a Motor Claim we will also require the location of The Vehicle and a copy of the driver’s
licence.
BELOW IS A DETAILED SUMMARY OF THE STEPS YOU WILL NEED TO TAKE WHEN LODGING A CLAIM:
• Notify Us by telephone within 72 (seventy two) hours of the Event taking place
• Ensure that the police are notified of the Event within 24 (twenty four) hours and, if requested, send Us a copy
of the police report, a copy of Your statement to the police and the police case number so that Your claim can be processed without delay
• Within 30 (thirty) days of the Event, We will require all the relevant information and details of the claim
together with all the necessary documentation supporting the claim. The following documents are required in order for Us to process Your claim:
- Quotes from approved repairers and / or suppliers
- A copy of the credit card-type driver’s licence, in the Event of a claim under the Motor section
- Police case number
• Immediately send Us, by e-mail, telefax or express mail, any further documentation You may receive in
connection with the Event.
• Please remember that You are required to take all reasonable precautions to minimise and / or prevent a loss
• Under no circumstances may You instruct Your own attorney, admit liability, make any statements, offers,
promises or payment to or negotiate or settle Your claim with any person.
IN THE EVENT OF A MOTOR CLAIM OBTAIN FULL DETAILS OF:
• Names, addresses, ID numbers and licence details of any other drivers involved in the accident.
• The owners of The Vehicles or the property involved (including their addresses), as well as the details of any
insurance policies covering such vehicles or property.
• Makes and registration numbers of all The Vehicles involved.
• Injuries to any passengers in any of The Vehicles and / or any other injuries directly resultant from the Event.
If there is no damage to The Vehicle but there is possible damage to the third party property, the incident must still be reported to Us and the police within the time frames specified above.
Motor and Household
Personal Insurance Package
This document explains the Edgars Motor and Household Policy.
The Insurer (We) as stated on Your Schedule of Insurance agree to indemnify the policyholder (You) against any losses from an Insured Event which occurred in the Period of Insurance, in exchange for your premium.
Your cover is subject to various terms, conditions and exclusions which appear elsewhere in this document. The Schedule of Insurance, this policy and any amendments to it make up Your insurance contract with Us and should be read together. If there is anything in this policy You do not understand, or any changes that need to be made to Your cover, please contact the Underwriting Manager.
In the event of any conflict between the provisions of this policy and that of any other document as mentioned above, the provisions of this policy shall prevail.
For service complaints and claims disputes, please follow the complaints and dispute resolution processes as described in Your Schedule of Insurance.
General Definitions
You will notice that some words are Capitalised in this Policy. These words have a general meaning as defined below, or are otherwise defined more specifically in the various sub-sections to this Policy.
“Credit Agreement”
An enforceable credit agreement as defined in and contemplated by the National Credit Act 34 of 2005 (as amended or substituted from time to time) entered into between You and the Credit Provider.
“Credit Provider”
The credit provider in terms of a Credit Agreement, being a registered financial institution whose interest in the Insured Property forming the subject matter of the Credit Agreement is noted in this Policy.
“Date of Loss”
The date of the Insured Event, which date must fall within the Period of Insurance.
“Day”
Ordinary calendar days, including weekends and public holidays.
“Dwelling”
The private residence where You reside and the Outbuildings situated at the Risk Address, constructed as indicated.
“Outbuildings”
The domestic outbuildings including but not limited to garages, domestic employee quarters, storerooms, home office or consulting room or tenant premises, irrespective of whether these outbuildings have inter-leading doors or are attached to the private residence, situated at the Risk Address.
“Excess”
An uninsured amount to be borne by You in respect of each and every claim as stipulated in the Schedule of Insurance or any endorsement issued in terms of this Policy.
“Indemnify”
Where, after a loss has occurred and We have accepted liability under this Policy for that loss, You are placed as far as possible in the same financial position as You were in before the loss occurred, subject to the Sum Insured and all Policy conditions and requirements being fulfilled.
“Insured Event”
A sudden, unforeseen event resulting in damage, loss or liability to the Insured Property during the Period of Insurance, which event is more specifically defined and described in the sub-sections of this Policy.
“Insured Property”
The property which forms the subject matter of a valid claim under this Policy, as more specifically particularised in the various sub-sections to the Policy and the Schedule of Insurance.
“Period of Insurance”
The period of insurance for which We agree to insure You as stated in the Schedule of Insurance or any agreed renewal period subject to Our receipt and acceptance of Your Premium on or before the Premium Due Date.
“Policy”
This policy wording, the Schedule of Insurance and any endorsements and/or amendments as may be made to the policy from time to time.
“Premium Due Date”
The due date by which Your Premium must be paid in order to obtain cover under this Policy. The Premium must be paid monthly in advance, on or before the date as stipulated in the Schedule of Insurance or any endorsements issued in terms of this Policy or the first working day of the annual renewal date, as the case may be.
“Premium”
The premium which You are required to pay as stated in the Schedule of Insurance or any endorsement issued in terms of this Policy.
“Risk Address”
The address at which the Dwelling and Outbuildings are situated, or in the case of the motor sub-section where the Vehicle is kept overnight when not in use, which address is stated in the Schedule of Insurance.
“Schedule of Insurance”
The schedule of insurance containing among other things Your details, Period of Insurance, Premium payable and endorsements as may be amended from time to time in order to ensure appropriate cover is effective.
“Spouse”
A person who is party to a marriage or union in law, or a union contracted in accordance with customary law or which is recognised as a marriage in accordance with the tenets of any religion, or a continuous cohabitation in any partnership for a period of at least 3 (three) years.
“Sum Insured”
The amount/s stated in the Schedule of Insurance which are the maximum amount/s that We are obliged to pay or Indemnify You for a valid claim under the various sub-sections of this Policy, less the Excess and any dual insurance or under insurance portion.
“Total Loss”
A total loss is where the cost of repairs, plus salvage, amounts to more than the replacement value of the item at the time of the loss.
“You / Your / Yours / Yourself”
The person named as the Policyholder in the Schedule of Insurance, who constitutes the insured under this Policy, together with that person’s Spouse and members of that person’s immediate family normally resident with that person and who are financially dependent on that person.
“We / Us / Our”
The Insurer, as stated on the Schedule of Insurance, which is a registered insurance company for the purposes of the Short-term Insurance Act 1998 and a licensed Financial Services Provider for the purposes of the Financial Advisory and Intermediary Services Act 2002.
General Conditions
The following conditions are applicable to all sections of this Policy except as they may be varied by specific Conditions, Exclusions or Exceptions specified under a particular section:
1. CONDITIONS PRECEDENT TO LIABILITY
We shall have no liability under this Policy and You shall not be entitled to be indemnified under this Policy unless:
1.1. subject to General Condition 2, the Premium has been received by Us on or before the Premium Due Date; and
1.2. You or any other person enjoying cover under this Policy take all reasonable precautions to avoid and to minimise any loss; and
1.3. You comply with the Claims Procedure set out in this Policy; and
1.4. You have complied with all the Terms and Conditions of this Policy and any endorsements that might be contained in the Schedule of Insurance issued in terms of this Policy; and
1.5. You can provide acceptable documentary, evidentiary or quantifiable proof of the existence of and Your lawful right to the item You are claiming for, and;
1.6. You install all stipulated minimum and additional security and / or tracking / recovery devices and maintain these and all other declared security and / or tracking / recovery devices in a fully operational and working order at all times.
2. PREMIUM PAYMENTS
2.1. For the Policy to start, We must receive Your Premium for the first month in advance. If We do not receive Your first Premium the Policy will not start. For the Policy to renew each month, You must pay Your Premium in advance every month by no later than the Premium Due Date. If We do not receive Your Premium on the Premium Due Date We will debit it again at the next Premium Due Date. If We are able to collect both Premiums Your Policy will continue. If We are unable to collect both premiums, Your Policy will end automatically from the last day of the month for which full Premium was received. You will not have cover for the period for which You did not pay, no claim shall be payable to You.
2.2. If You put a stop payment on Your premium the Policy will cancel from the last day of the month for which full Premium was received.
2.3. We may decide to change the amount of Premium payable under this Policy at any time and if We do We will give You one month’s notice of a change in Premium.
3. THE CREDIT PROVIDER’S INTERESTS
Where the Insured Property is the subject of a Credit Agreement, the interest of the Credit Provider in this Policy is hereby noted. Any payment in terms of this Policy shall be made first to reduce any liability due by You to the Credit Provider in terms of the Credit Agreement and the Credit Provider’s acceptance thereof shall be an effectual discharge of Our liability for that portion of Your claim. Any balance shall thereafter be paid to You.
4. CLAIMS PROCEDURE
On the happening of an Insured Event, which may result in a claim under this Policy, You shall at Your own expense:
4.1. notify Us by telephone within 72 (seventy two) hours of the Insured Event and, within 30 (thirty) Days of the happening of the Insured Event, deliver to Us all relevant information and details of the claim together with all documentation supporting the claim;
4.2. notify the police of the Insured Event within 24 (twenty-four) hours and send Us a copy of the police report and a copy of Your statement to the police (if any) within 14 (fourteen) Days and advise Us of the police station and police reference number;
4.3. immediately send Us by e-mail, telefax or express mail any documentation, processes or correspondence You may receive in connection with the Insured Event;
4.4. under no circumstances may You instruct Your own attorney to recover from or defend any actions from a third party and, under no circumstances, admit liability, make any statements, offers, promises or payment to or negotiate or settle Your claim with any person claiming damages from You;
4.5. advise Us of any other insurance in force which covers the same Insured Event, in which case We will only be liable for Our rateable proportion of the loss;
4.6. obtain Our written approval before giving any instruction for repairs or replacement;
4.7. provide Us with such proof, information, affidavits and co-operation We may require to process the claim;
4.8. assist Us at any stage in any recovery action instituted by Us against any third party responsible for the loss or damage, which action may proceed in Your name and / or in the identification of the property stolen and recovered and the prosecution of those responsible, for which assistance We will reimburse You for Your reasonable out-of-pocket expenses.
Should You fail to comply with any of the claims conditions set out in the General Conditions section of this Policy, We have the right to reject liability and / or cancel Your Policy and / or claim repayment from You of all amounts that We may have paid in respect of Your claim.
5. METHOD OF INDEMNITY AND BETTERMENT
We may at Our option repair, replace, reinstate or pay cash in lieu in respect of the amount of damages or, where appropriate, use any combination of these methods of Indemnity. If We replace or repair, We are not obliged to do so exactly or precisely but only as circumstances reasonably allow. We will require a contribution from You where as a result of repair or replacement, the condition and / or value of the Insured Property is improved. You will be responsible for the Excesses as set out in the Schedule of Insurance in respect of each and every Event giving rise to a valid claim.
6. TOTAL LOSS
We reserve the right to decide when the Insured Property can be declared a Total Loss.
7. SALVAGE
You must allow Us to enter the building or premises where the loss or damage took place and to take possession of the damaged property covered by this Policy to deal with it in a reasonable manner. You are not entitled to abandon any property whether taken possession of by Us or not. In the event of a payment by Us for a Total Loss, the salvage and / or any proceeds subsequently recovered from the sale of the Insured Property or its salvage shall be solely Our property.
8. REPAIRER / SUPPLIER OF OUR CHOICE
We reserve the right to require any repair and / or replacement to be carried out at or by a repairer and / or supplier of Our choice.
9. PRESCRIPTION
We shall have no liability for any claim notified to Us under this Policy after the lapse of 12 (twelve) months from the Date of Loss which gave rise to the claim.
10. RESOLVING CLAIMS DISPUTES
10.1. If We decline Your claim You may disagree to Our rejection or to the amount paid. You have 90 (ninety) Days after receipt of Our claims letter to write to Us about Your disagreement.
10.2. If You are still not satisfied with Our response,
You may write to the Ombudsman,
The Ombudsman for Short Term Insurance PO Box 32334
Braamfontein, 2017
Phone: (011) 726 8900 Fax: (011) 726 5501
Alternatively, You may start legal action against Us:
An attorney must serve the summons on Us within 6 (six) months after the 90 (ninety) Days You had to dispute Our claims decision. If Your attorney does not serve the summons on Us in time, You will lose the right to claim against Us.
11. FRAUD
11.1. If You or anyone acting on Your behalf submits a claim, or any information or documents relating to a claim that is in any way fraudulent, dishonest, exaggerated or withheld We will reject Your claim and Your policy will be cancelled.
11.2. If an Insured Event is occasioned by Your intentional conduct or anyone acting on Your behalf or with Your connivance, We will reject Your claim and Your Policy will be cancelled.
11.3. Where any benefit under this Policy is forfeited in circumstances set out in this General Condition, You shall repay to Us all amounts which We may have previously settled in respect of all claims forfeited without prejudice to Our right to recover any other damages which We may have suffered as a result of the fraudulent conduct.
12. YOUR CONSENT TO DISCLOSE PRIVATE INFORMATION
12.1. It is essential for insurance companies to share claims and underwriting information (as well as credit information) in order to enable the fair assessment and underwriting of risks and to reduce the number of fraudulent claims.
12.2. It is important to remember that when You accept Your policy You accept the terms and conditions laid out in the policy. Your acceptance gives Us the right to verify that the information You have supplied on Your application form or telephonically is accurate and truthful. This means that We can share Your information with other insurance companies. It also means that We have the right to give Your information to another interested party, should You make a claim against this policy and You waive any rights of privacy with regards to this information.
12.3. The condition above applies to all policyholders. They are intended to protect the company from fraudulent claims, but are, nevertheless, of direct benefit to You. The more the company is able to reduce the number of fraudulent claims, the cheaper the premium.
13. JURISDICTION
This Policy is subject to the exclusive jurisdiction of the courts of the Republic of South Africa. We are not liable for any legal costs and expenses incurred outside the Republic of South Africa.
14. CORRESPONDENCE
Any correspondence to You shall be deemed to be effectively given if addressed to Your last known e-mail or postal address.
15. CANCELLATION
You may cancel Your Policy at any time by giving written notice. We may cancel this Policy at any time by giving 30 (thirty) Days written notice.
16. CHANGE OF YOUR DETAILS
You must inform Us if Your risk details in the Schedule of Insurance change. Typical risk changes may include a change to Your Risk Address, Regular Driver details, Vehicle Class of Use etc. If you fail to inform Us within 14 (fourteen) Days this policy may be voided or cancelled at Our option without any notice period.
17. AMENDMENTS OR ENDORSEMENTS
We may amend or endorse or limit cover in terms of this Policy at any time by giving You 30 (thirty) Days written notice. Any change which You make will be effective from the time and date agreed to. We will confirm these changes by sending You an updated Schedule of Insurance.
18. THE POLICY OF INSURANCE / CONTRACT
Your application for this Policy, together with the Policy itself, forms the contract of insurance between Us and You and can only be altered by a written endorsement issued by Us. If any detail is not recorded correctly in the Policy, You must notify Us as soon as possible as any incorrect information may affect your ability to claim under this Policy.
19. TRANSFER AND CESSION
You may not transfer or cede Your rights in terms of this Policy to any other person.
20. INTEREST ON DAMAGES
No interest will be payable on any amount due by Us in terms of this Policy unless a South African Court of Law orders otherwise.
21. BREACH OF CONDITIONS REQUIRING YOUR ASSISTANCE
Should You breach or fail to comply with Claim Procedure 4.3, 4.4 and / or 4.8 We reserve the right to cancel Your Policy and claim repayment from You for any amounts We have paid in settlement of Your claim.
22. AVOIDANCE OF THE POLICY
This Policy or any part of it can be declared void by Us if any details that would affect Our decision to provide You with the cover is withheld from Us.
23. REINSTATEMENT OF THE SUM INSURED
The insured amounts of the Policy will not be reduced by the amount of any claim. This condition applies separately to:
• SECTION – HOME CONTENTS;
• SECTION – BUILDINGS;
• SECTION – ALL RISKS - Definitions General All Risks.
24. AUTOMATIC INCREASE MARGIN
The sums insured under Section – Home Contents, Section – Buildings and Section – All Risks (General All Risks) will be increased automatically on the anniversary date of this Policy by an inflation-linked percentage. This does not relieve You of Your responsibility to ensure that the sums insured represent the full value of the property insured at all times.
25. NO CLAIM BONUS OR CLAIM FREE GROUP
If You state as fact that You have not submitted any claims in a specified period We use this information as a basis of Our agreement when insuring Your items. If Your statement is false then it is a breach of the warranty and We have the right to void Your Policy from the start.
If We pay one or more claims during the Period of Insurance, the Premium will be adjusted in accordance with Our scale of Premiums at the start of the next month.
26. SECURITY MEASURES
You are obligated to inform Us in writing if the Insured Property does not comply with the stipulated security measure, or if the stipulated security measure is removed, or if the stipulated security measure is not in working condition, or if any of these details or declarations have changed as this influences the continual acceptance of the Policy, risk or any claim. It may also influence Your premium calculation.
27. PREVENTION OF LOSS
You must take all reasonable precautions for the maintenance and safety of the Insured Property as well as to prevent loss, damage and accidents and may affect emergency repairs with Our consent to Your property to prevent further damage.
28. AVERAGE / UNDER INSURANCE
It is important that You insure all Your Insured Property for the correct value, which is the total, current replacement cost of Your Insured Property. We have stated this as the Sum Insured on the Schedule of Insurance of the Section. If at the time of any loss or damage, the amount which is needed to replace all Your Insured Property with similar new property is more than the amount for which it is insured, You will be considered as if You are Your own insurance company for the difference and will bear a proportional share of the loss or damage accordingly. Other than the Motor and Personal Liability Sections this General Condition applies separately to each item in the Schedule of Insurance.
Example:
a) Loss R 24 000
b) Sum Insured R 75 000
c) Replacement Value R100 000
d) Settlement R 24 000 x 75 000 / 100 000
= R18 000 Less the appropriate Excess (i.e. 25% underinsured = 75% payment by Us)
29. MORE THAN ONE SECTION
We shall not be liable under more than one sub-section of this Policy in respect of liability, loss or damage arising from the same Insured Event in respect of the same liability, loss or damage.
General Exclusions
The following exclusions are applicable to all sections of this Policy: We shall not be liable for:
1. Loss of or damage to property or bodily injury related to or caused by:
1.1. Civil commotion, labour disturbances, riot, strike, lockout or public disorder or any act or activity which is calculated or directed to bring about any of the preceding events;
1.2. War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not) or civil war;
1.3. Mutiny, military uprising or usurped power, rebellion, martial law or state of siege;
1.4. Any act (whether on behalf of any organisation, body or person, or group of persons) calculated or directed to overthrow or influence any State or Government, or any provincial, local or tribal authority with force, or by means of fear, terrorism or violence;
1.5. Any act which is calculated or directed to bring about loss or damage or bodily injury, in order to further any political aim, objective or cause or to bring about any social or economic change, or in protest against any State or Government, or any provincial, local or tribal authority, or for the purpose of inspiring fear in the public, or any section thereof;
1.6. Any attempt to perform any act referred to in Exclusion 1.4 or 1.5 above;
1.7. The act of any lawfully established authority in controlling, preventing, suppressing or in any other way dealing with any occurrence referred to in Exclusion clause 1 above.
If We allege that by reason of any of the Exclusions in clause 1 above, loss of / or damage is not covered by this Policy, the burden of proving the contrary shall rest upon You.
2. Loss of / or damage caused directly or indirectly by or through or in consequence of any occurrence for which
a fund has been established in terms of the War Damage Insurance and Compensation Act. 1976 (No 85 of 1976) or any similar Act operative in any of the territories to which this Policy applies.
3. Notwithstanding any provision of this Policy including any exclusion, exception or extension or other provision
not included herein which would otherwise override a general Exclusion, this Policy does not cover loss of or damage to property or expense of whatsoever nature directly or indirectly caused by, arising out of or in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any sequence to the loss, damage or expense.
For the purpose of this General Exclusion 3 an act of terrorism includes, without limitation, the use of violence or force or the threat thereof whether as an act harmful to human life or not, by any organisation or group of persons, whether acting alone or on behalf of or in connection with any organisation or government or any other person or body of persons, committed for political, religious, personal, ethnic or ideological reasons or purposes including any act committed with the intention to influence any government or for the purpose of inspiring fear in the public or any section thereof.
4. Notwithstanding any provision of this Policy including any exclusion, exception or extension or other provision
not included herein, which would otherwise override a general exclusion, this Policy does not cover any legal liability, loss, damage, cost or expense whatsoever or any consequential loss directly or indirectly in any way involving, or to the extent contributed to by, the failure or incapacity of any computer.
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 Your property or not.
Where the loss, damage or liability is attributable to more than one proximate cause, this Exclusion will not apply if any other such cause is an insured peril.
5. Notwithstanding any provision of this Policy including any exclusion, exception or extension or other provision
not included herein which would otherwise override a general Exclusion, We shall not be liable for any claim where You are or become during the course of the Policy, subject to sanctions, prohibitions or restrictions under any United Nations resolutions or the trade or economic sanctions, laws, or regulations of the European Union, United Kingdom or United States of America.
We shall not be liable to provide indemnity under this Policy if to provide cover would be in violation of any political, economic or trading sanctions which prohibit Us from providing cover under this policy.
6. Loss, damage, cost or expense directly or indirectly arising from permanent or temporary dispossession
resulting from detention, confiscation, forfeiture, impounding or requisition legally carried out by customs, police services, crime prevention units or any lawfully constituted officials or authorities.
7. Any legal liability, loss, damage, cost or expense whatsoever or any consequential loss directly or indirectly
in any way involving, or to the extent contributed to by, the hazardous nature of asbestos in whatever form or quantity.
8. Nuclear risks - We do not cover any risk associated with the nuclear industry in general. This includes
nuclear-weapons material, ionisation, radiation or contamination by radioactivity from any nuclear fuel or any nuclear waste; and combustion of nuclear fuel, which includes any self- sustaining process of nuclear fission or fusion (Nuclear terms as defined in NMA 1975).
If We say that a claim in not covered because of the General Exclusions above, then You must prove the contrary.
General Exceptions
The following exceptions are applicable to all sections of this Policy: We shall not be liable for:
1. any claim arising out of any contractual liability unless legal liability would have existed in the absence of such
contract or agreement.
2. consequential loss and / or resultant damage unless specifically provided for in this Policy.
3. any loss or damage which arises from, or in connection with any exchange, cash, or credit agreement,
including theft under false pretence or fraud.
4. any loss or damage where there is misrepresentation, non-disclosure, misdescription by You or anyone
acting on Your behalf of any nature and / or false and / or incomplete information supplied of any fact and / or circumstance in connection with a claim in terms of this Policy and / or Your application for this Policy and / or any subsequent endorsements.
5. any loss or damage where You reside outside the Republic of South Africa, in which case this Policy shall be
deemed to be void from inception and the Premium paid refunded.
6. more than Our rateable proportion of any loss which is covered under another enforceable insurance Policy.
7. loss and / or damage caused by or resulting from:
7.1. mechanical breakdown, wear and tear, gradual deterioration or a slowly operating cause such as but not limited to rust, mildew, moth, corrosion or decay;
7.2. Your own domestic pets;
7.3. process of dying, cleaning, repairing, renovating or maintenance; 7.4. vermin or insects;
7.5. depreciation in any form;
7.6. the action of light or atmospheric conditions.
Rewards for Claim-Free Period
For every 12 month claims-free period, You will earn Edgars Thank U points equivalent to 10% of insurance premiums paid over the period.
Thank U points earned are calculated on 10% of insurance premiums paid excluding amounts paid for SASRIA, Roadside Assist, Home Assist and all fees paid on the policy. Should you access Your Roadside Assist and/or Your Home Assist benefits You will not forfeit your Thank U points.
The claims-free period runs on an annual cycle from 1 November to 31 October each year. Thank U points are earned on 30 November each year if Your policy was active as at 31 October. Thank U points will be earned on a pro-rata basis in the first year if Your policy incepted after 1 November.
Motor
1. DEFINITIONS
In this section, the following words shall have the meanings set out below:
“The Vehicle”
The vehicle described in the Schedule of Insurance, which may be any of the following:
• Light motor vehicles, mini buses, light delivery vehicles and 4×4 vehicles or 4×2 vehicles with a gross
vehicle mass not exceeding 3 500 kg (three thousand five hundred kilograms) • Caravans
• Trailers with a carrying capacity not exceeding 750 kg (seven hundred and fifty kilograms)
“Insured Property”
The Vehicle as shown in the Schedule of Insurance belonging to You.
“Sum Insured”
The Sum Insured as shown on the Schedule of Insurance at the time of Your application for insurance, or any subsequent update, including its accessories and spare parts.
“Vehicle Value”
The recommended retail value of The Vehicle (including accessories and spare parts) as at the Date of Loss, determined by that month’s issue of the “Auto Dealer’s Guide” published by Transunion Auto Information (Pty) Limited, and adjusted according to the “Kilometre and Condition Chart” contained in the Guide.
Where the particular make and model of The Vehicle are not reflected in the “Auto Dealer’s Guide” (or “Auto Dealer’s Guide for Cars Over 10 Years Old” or “Commercial Vehicle Dealer’s Guide”) at the Date of Loss, then the average value given for The Vehicle by 3 (three) independent motor industry sources will be used as the value of The Vehicle.
“Regular Driver”
The person who drives or is in control, possession or makes use of The Vehicle most often or more frequently than any other person.
“Use”
The Use of The Vehicle in accordance with the applicable Social Use, Private Use, Partial Business Use or Business Use specified by You at the time of Your application for this Policy, or any subsequent update as shown in the Schedule of Insurance. Note: caravans and trailers can only be insured for “Private Use”.
“Social Use” – Social, domestic and pleasure purposes excluding journeys between home and Your
permanent place of work.
“Private Use” - Social, domestic and pleasure purposes including journeys between home and Your
permanent place of work.
“Partial Business Use” - Social, domestic and pleasure purposes including journeys between home and
Your permanent place of work. In addition, usage for occasional business purposes, subject to the Specific Exclusions. The term “occasional business purposes” includes where We deem Your occupation to require occasional, infrequent and incidental Use of The Vehicle for business purposes. No more than 10 return business trips will be permitted per month.
“Business Use” - Social, domestic and pleasure purposes including journeys between home and Your
permanent place of work. In addition, usage for business purposes, subject to the Specific Exclusions. The term “business purposes” includes where We deem Your occupation to require daily, regular or frequent Use of The Vehicle.
2. INSURED EVENTS
Insured Event shall mean loss of or damage to The Vehicle caused by theft, hijacking, hail, storm, collision, fire, explosion, malicious or accidental damage occurring during the Period of Insurance.
3. BENEFITS
In the event of loss or damage to The Vehicle as a result of an Insured Event, We will pay
3.1 Repairable Vehicles
The cost of repair of The Vehicle, less the Excess payable in terms of this Policy.
3.2 Total Loss (including stolen or hijacked vehicles)
Should The Vehicle be stolen or hijacked or if The Vehicle is deemed by Us to be a write-off, the lesser of the Vehicle Value and the Sum Insured, less the Excess payable in terms of this Policy.
3.3 Towing and storage charges
We will pay for the combined cost for towing and storage after an accident. If the Vehicle is not towed by an institution of Our choice, our cover is limited to the amount stated in the Policy Schedule.
3.4 Windscreen Damage
3.4.1 The cost of filling the cracks or chips in Your windscreen; or
3.4.2 The cost of replacing Your windscreen or other permanent window glass, less the Excess payable in terms of this Policy.
3.5 Delivery after repair
The cost of delivery of The Vehicle to You following a repair, limited to the amount stated in the Limit Annexure in the Schedule of Insurance per Event.
3.6 Keys, locks and remote control units
Loss of or damage to keys, locks and remote control units used in connection with The Vehicle, limited to the amount stated in the Limit Annexure in the Schedule of Insurance per Event
3.7 Vehicle Sound Equipment
Loss or damage to vehicle sound equipment (excluding any tapes/CDs), limited to the amount stated in the Schedule of Insurance per Event less the Excess payable in terms of this Policy and subject to the following conditions:
3.7.1 Satisfactory proof having been provided to Us that such vehicle sound equipment was fitted to the vehicle prior to the loss;
3.7.2 Theft of vehicle sound equipment must be accompanied by forcible and violent entry into The Vehicle;
3.7.3 Where the sound equipment is fitted with an anti-theft bracket, or a detachable face, the
removable parts must be placed in a locked boot, or removed from The Vehicle when The Vehicle is unattended, failing which there will be no cover for loss as a result of theft;
3.7.4 Where vehicle sound equipment is specified under the Motor Section of the Schedule of Insurance the payment of a claim will not affect the No Claim Bonus, however if vehicle sound equipment is not specified and/or is factory fitted the payment of a claim will affect the No Claim Bonus and the Motor Excess as stated in the Schedule of Insurance applies.
4. THIRD PARTY LIABILITY
4.1 Where You become legally liable to pay any amount resulting from an accident involving The Vehicle, We will pay the amount, including damage, legal costs and expenses incurred with Our written consent in respect of:
4.1.1. Accidental death of or bodily injury to any person who is not a member of your household or Your family or in your employ or any fare-paying passenger in the vehicle; and / or
4.1.2. Accidental damage to property not belonging to you or any member of your household or in Your custody or control or the custody or control of any member of Your household.
The maximum liability for any third party claim against You arising out of one Insured Event is limited to the amount stated in the Schedule of Insurance.
4.2 In terms of liability to third parties above, We will Indemnify any person who is driving or using The Vehicle with Your permission provided such person
4.2.1 Is not covered by another insurance policy;
4.2.2 Is subject to the terms of the Policy as far as they apply as though such person were You; 4.2.3 Has not previously been refused any motor vehicle insurance.
4.3 We will indemnify You while driving any vehicle with a gross mass not exceeding 3500 kg not belonging to You or a member of Your household, provided
4.3.1 The vehicle is not purchased, leased or hired by You; 4.3.2 It is not covered by another insurance policy;
4.3.3 It not being used for business or commercial purposes at the time of the Insured Event;
4.3.4 Damage to the said vehicle or any damage to property being carried in said vehicle is excluded. 4.4 We will not be liable for
4.4.1 Death of or bodily injury to any person carried in or on a caravan or trailer attached to The Vehicle, or to any person in or on or boarding or alighting from the back of an open-backed vehicle;
4.4.2 Damage to any property being carried in or on a trailer or caravan; 4.4.3 Any claim where The Vehicle was driven without Your permission;
4.4.4 Any claim covered in terms of the Road Accident Fund Amendment Act 2005 (as amended) or any similar legislation;
4.4.5 Any consequential loss.
5. SPECIFIC CONDITIONS 5.1 Regular Driver
The Premium for The Vehicle is calculated on the details and the risk profile of the Regular Driver. We reserve the right to reject liability for loss or damage caused, sustained or incurred where the recorded details of the Regular Driver are incorrect.
5.2 Vehicle Inspection
The Vehicle must be inspected by a vehicle inspection agent approved by Us within 7 (seven) Days of the inception of cover in terms of this Policy, or as otherwise agreed in writing by Us.
A copy of Your dealers invoice will override the pre-inspection requirement if The Vehicle is new and if You take delivery after policy inception.
While the vehicle remains un-inspected in the 7 (seven) day period:
• there is no windscreen cover;
• cover for theft, hijacking and loss of Vehicle Sound Equipment will be subject to the Excesses
stipulated in the Policy Schedule.
If You fail to provide Us with a pre-inspection certificate or a dealers invoice within 7 (seven) Days of inception all cover in terms of The Vehicle will automatically change to Third Party Liability only cover as described under clause 8 Third Party Liability Only under the Motor Section.
5.3 Class of Use
The Vehicle must be used at all times in accordance with the applicable class of Use, that is Social Use, Private Use, Partial Business Use or Business Use specified by You at the time of Your application for this Policy, or any subsequent update.
The class of Use You chose is shown in the Schedule of Insurance. If the details are incorrect or if these details have changed, You have to inform Us as this influences the continual acceptance of the Policy, risk or any claim.
5.4 Care of the Vehicle
You must take all reasonable steps to protect and maintain The Vehicle against loss or damage at all times. There will be no cover for loss or damage caused by or attributable to an un-roadworthy condition of The Vehicle or where The Vehicle was being used in contravention of any regulation relating to such use. We will have access to examine The Vehicle or any part of it at any time.
5.5 Time Period to Effect Repairs
Should repairs not commence within one month of the date of Our written authorisation of repair, We shall only be liable for the agreed amount of repairs as at the date of Our authorisation of the repairs and You will be liable for the balance.
5.6 Territorial Limits and Repatriation
The Vehicle must be legally registered in the Republic of South Africa.
The Insured Event must occur in the Republic of South Africa, Botswana, Lesotho, Malawi,
Mozambique, Namibia, Swaziland, Zambia and Zimbabwe. Cover outside the Republic of South Africa is limited to The Vehicle itself and there is no Third Party Liability cover.
Cover is limited to a total of 90 (ninety) Days travel in one year when outside the Republic of South Africa.
If The Vehicle sustains damage outside the borders of the Republic of South Africa, The Vehicle must be repatriated to South Africa at Your expense prior to any consideration of the claim.
5.7 Further damage after an accident
If The Vehicle is in an accident or it breaks down and is used or driven before the necessary repairs have been carried out, You will be responsible for any further damage to The Vehicle which results due to the accident or breakdown.
5.8 Spare parts
If a part necessary for the repair of the vehicle is not available in the Republic of South Africa as a standard (ready-made) part, We will pay an amount equal to the value of the part at the time when the loss or damage occurred. The amount includes the reasonable cost to transport the part (excluding air transport). The value of the part will be determined according to the price stated in the most recent catalogue or price list.
5.9 Medical Certificates
If You are over the age of 75 (seventy five) or suffer from any disability at inception of cover, or during the Period of Insurance You have any changes to Your health which may impair Your ability to drive, You are required to supply Us with a medical certificate confirming Your ability to drive The Vehicle. Failure to do so may result in the rejection of Your claim.
5.10 Foreign Drivers Licence
A foreign drivers licence must be in an official South African language or accompanied by a validity certificate in a South African language. This licence will only be valid for the terms and conditions it was issued with. Anyone that becomes a permanent resident of South Africa must convert the licence to a South African licence within five years of permanent residency.
6. SPECIFIC EXCLUSIONS
We shall not be liable for
6.1 Any loss or damage or liability if The Vehicle is used for:
6.1.1 any purpose other than the relevant condition of Use; 6.1.2 hiring or driving instruction for reward;
6.1.3 motor racing, rallies, speed or other contests; 6.1.4 on a race track, 4X4 track or test circuit;
6.1.5 any purpose other than for the purpose of overhaul, upkeep or repair of The Vehicle while in the custody of the motor trade;
6.1.6 taxi, transporting passengers or towing for reward;
6.1.7 to carry money, logs, explosives, bulk flammable liquids, gasses or alcohol;
6.1.8 as an armed response or armed reaction vehicle, or fitted with any emergency lights, sirens or communication systems;
6.1.9 commercial or trade purposes or modified for commercial purposes;
6.1.10 loading more goods or passengers than The Vehicle is designed or licensed to carry;
6.2 Loss or damage or liability
6.2.1 to the engine unless some other part of The Vehicle is damaged at the same time; 6.2.2 to the tyres if caused by the application of brakes, road punctures, cuts or bursts;
6.2.3 to suspension or its components due to inequalities of the road or other surface or to impact with such inequalities;
6.2.4 to any goods, materials, possessions, moveable contents, any personal effects or property attached to or carried in or on The Vehicle (other than accessories and spare parts included in the Sum Insured and specified in the Schedule of Insurance);
6.2.5 caused while The Vehicle is being driven or towed by You or any other person with Your express or implied permission, without a valid driver’s licence, or a valid learners drivers licence as regulated by the National Road Traffic Act;
6.2.6 caused while The Vehicle is being driven or towed by You or any other person with Your express or implied permission, while the driver is under the influence of intoxicating liquor or drugs or any prescribed medication having a narcotic effect which affected the drivers driving ability or while the concentration of alcohol exceeds the statutory limit;
6.2.7 where the driver of The Vehicle refuses to give either a blood or breath sample;
6.2.8 where The Vehicle is involved in an accident and the driver unlawfully leaves the scene of the accident;
6.2.9 covered in terms of the Road Accident Fund Amendment Act 2005 (as amended), or in terms of any similar legislation operative in any of the territories to which this Policy applies;
6.2.10 to The Vehicle which existed prior to the Event or any loss, damage or liability arising from any other Event unrelated to a particular claim, unless such event is the subject of a valid claim registered separately;
6.2.11 a rebuilt, built up and / or modified vehicle or a vehicle with a code 3 registration status, unless otherwise agreed;
6.2.12 loss of income;
6.2.13 mechanical breakdown;
6.2.14 loss or damage resulting from theft or hijack where The Vehicle was not fitted with the security and / or tracking / recovery devices as specified in the Schedule of Insurance;
6.2.15 loss or damage to The Vehicle if The Vehicle is used without Your knowledge and / or consent and you have not laid a criminal charge against the perpetrators with the police within forty eight hours, which charge may not be withdrawn;
7. OPTIONAL BENEFIT – CAR HIRE
This cover is only applicable if You have selected the Car Hire Option and this is reflected as such on Your Schedule of Insurance.
7.1 Benefit applicable to Car Hire
If The Vehicle is stolen or damaged in an accident We will provide a courtesy motor vehicle on an unlimited mileage basis.
7.2 Specific conditions applicable to Car Hire
7.2.1 You agree to comply with the terms and conditions of the car hire company and sign all necessary documentation required by the car hire company;
7.2.2 the courtesy motor vehicle type and size may vary depending on the cover provided as per Your Schedule of Insurance;
7.2.3 the order for the hire of the vehicle must be authorised by the contracted car rental company; 7.2.4 the period of the hire will commence:
7.2.4.1 In respect of theft, on the date the vehicle is stolen
7.2.4.2 In respect of accident – driveable, on the date the vehicle is handed over to the repairer 7.2.4.3 In respect of accident – not driveable, on the date of accident
7.2.5 the period of hire will terminate:
7.2.5.1 In respect of theft, on the date the claim has been settled or within the maximum period stipulated in the policy schedule after the commencement of hire, whichever is the sooner
7.2.5.2 In respect of accident, on the day the vehicle is returned from the repairer or within the maximum period stipulated in the policy schedule after the commencement of hire, whichever is the sooner
7.2.6 any costs incurred after the termination of the rental by the contracted car rental company will be invoiced to You directly and be for Your account;
7.2.7 if the hired vehicle is damaged or stolen during the period of hire, You will be responsible for the first amount payable as stated in the hire contract. Should the claim be repudiated by the car rental company You will be liable for all costs;
7.2.8 the courtesy vehicle must only be driven by You or drivers as nominated to the car rental company. The rental vehicle will not be insured for any other drivers except those nominated on the car rental agreement;
7.2.9 the hired vehicle may only be driven within the Republic of South Africa; 7.2.10 a valid driver’s licence is required to collect the rental vehicle;
7.2.11 You will be responsible for all traffic fines and related administration fees while driving the hired vehicle;
7.2.12 You will be liable for any fuel deposit, delivery or collection costs or any other costs charged by the car hire company unless agreed to in writing by the car rental company prior to the commencement of the rental;
8. THIRD PARTY LIABILITY ONLY
If Your Policy Schedule indicates that Your cover is Third Party Liability Only, the following terms and conditions will apply:
8.1 Benefit applicable to Third Party Liability Only
We will only cover amounts for which You are legally liable to a third party if the liability relates to The Vehicle as stated above. Cover provided as described under clause 4 Third Party Liability under the Motor Section.
8.2 Specific Exclusions applicable to Third Party Liability Only
The following benefits under the MOTOR SECTION are hereby deleted and You shall not be covered in terms of these benefits:
8.2.1 Repairable vehicles ;
8.2.2 Total Loss (including stolen or hijacked vehicles); 8.2.3 Towing and storage;
8.2.4 Windscreen damage; 8.2.5 Delivery after repair;
8.2.6 Keys, locks and remote control units; 8.2.7 Vehicle Sound Equipment;
8.2.8 Car Hire;
9. THIRD PARTY LIABILITY, FIRE AND THEFT
If Your Policy Schedule indicates that Your cover is Third Party Liability, Fire and Theft , the following terms and conditions will apply:
9.1 Benefit applicable to Third Party Liability, Fire & Theft
9.1.1 We will only cover amounts for which You are legally liable to a third party if the liability relates to The Vehicle as stated above. Cover provided as described under clause 4 Third Party Liability under the Motor Section.
9.1.2 In respect of cover for fire and theft, the Insured Events are loss of or damage to The Vehicle (including its accessories and spare parts) caused by fire, lightning, explosion, theft and hijack. 9.2 Specific Exclusions applicable to Third Party Liability, Fire & Theft
The following benefits under the MOTOR SECTION are hereby deleted and You shall not be covered in terms of these benefits:
9.2.1 Total Loss (including stolen or hijacked vehicles); 9.2.2 Towing and storage;
9.2.3 Windscreen damage; 9.2.4 Delivery after repair;
9.2.5 Keys, locks and remote control units; 9.2.6 Vehicle Sound Equipment;
Roadside Assist and Accident Towing
For as long as Your Motor insurance remains in force and Your Premiums for The Vehicle are paid up to date, You will enjoy Emergency Roadside Assistance.
In the event of a roadside emergency occurring anywhere within the Republic of South Africa, You have access to a 24-hour help line.
1. ROADSIDE ASSIST BENEFITS
1.1 Assistance with mechanical and electrical breakdown of The Vehicle or a towing service to tow
The Vehicle to the most appropriate place of repair or dealership. The Vehicle will be towed from home or assisted at home. In the event of the service provider’s premises not being open at the time of the incident, You will qualify for an additional tow.
1.2 Jump-Start service – a service provider is dispatched to jump start The Vehicle. The service is limited to reasonable services to mobilise The Vehicle, and excludes the cost of parts, components, lubricants
and similar provisions. Assistance is also provided at non-roadside locations. NOTE: New models that
are still under warranty should not be jump-started; a tow truck will be dispatched to tow the stranded vehicle to the most appropriate place of repair or safekeeping
1.3 Tyre change service – a service provider is dispatched to change a flat tyre, at both roadside and non-roadside locations. In the event that The Vehicle does not have a spare tyre, The Vehicle can be towed for Your own account to the nearest appropriate place of repair (dealer) or safekeeping. The tyre change service excludes any costs for the repair of the tyre, parts, and wheel balancing or similar charges.
1.4 Running out of fuel at roadside locations – 10 litres of fuel is supplied in the event of The Vehicle
running out of fuel – maximum 2 incidents per annum.
1.5 Keys locked in The Vehicle – a service provider is dispatched to unlock the car, the cost of the
call-out fee and one hour of labour is covered. The service excludes parts, components, keys or key cutting costs, lubricants or similar charges. If a key has broken in the ignition/door, a service provider will be dispatched. If the problem cannot be resolved, the cost of additional services, such as a tow-in, is for Your own account. Note: If locksmiths are unable to unlock newer model cars The Vehicle can be towed for Your account to the nearest appropriate place of repair (dealer) or safekeeping, on condition that You settle the account with the service provider at the time of service. If The Vehicle operates with a ‘smart key’, a service provider will arrange for it to be towed to the most appropriate dealer, and pay for the costs up to a maximum of R500.
1.6 Additional Assistance in the event that the roadside incident occurs 100 km away from Your private residence - One of the following: Accommodation for one night, or arrangement of a taxi service or rental of a class B vehicle (valid credit card to be produced), all with a maximum of R500 per day for one day. In addition the cost of repatriation of The Vehicle following the repair will be covered to a maximum R500 per repatriation (towing or transportation).
2. SPECIFIC EXCLUSIONS APPLICABLE TO ROADSIDE ASSIST
2.1 The cost of repair of parts, such as new batteries, tyres, locks, keys, etc.
2.2 The cost of towing or repairs if not specifically authorised by Us on Your behalf.
2.3 Commercial vehicles used for conducting a business or trade.
2.4 Recovery of The Vehicle, i.e. any costs incurred in order to move a disabled vehicle into a position to facilitate a tow.
3. NON ROADSIDE ASSIST SERVICES
These services can be arranged for Your own account provided You pay costs at the time of service:
3.1 Fuel assistance at non-roadside locations.
3.2 A locksmith for Lost/Stolen keys or keys not locked in the vehicle.
3.3 A spare tyre or the required equipment to replace a flat tyre.
4. ACCIDENT MANAGER INCLUDING ACCIDENT TOWING
This benefit will ensure that all aspects of an accident are handled professionally. This service includes: 4.1 Arrangement for The Vehicle to be towed to a preferred place of repair.
4.2 Arrangement for transport back home or to the place of work for the driver and passengers of The Vehicle, either through the towing service provider at no additional cost or alternative transport for Your own account.
NOTE: If the Vehicle is not towed by an institution of Our choice, our cover is limited to the amount
Buildings
1. DEFINTIONS
In this section, the following words shall have the meanings set out below:
“Dwelling”
The Insured Property which includes the private residence and the Outbuildings situated at the Risk Address. The Dwelling must be constructed as indicated, and for the purposes of this sub-section includes Fixtures and Fittings as well as water, sewerage, gas, electricity and telephone connections, patios, paths and driveways constructed of brick, concrete, paving, asphalt or stone (not gravel), walls, gates, fences (excluding hedges), swimming pools (other than pools that are built above ground level and vinyl lined pools) including fixed filtration plant, water pumping machinery (not automatic pool cleaners), tennis courts, sauna and spa baths, boreholes for domestic use, aerials and satellite dishes belonging to You.
“Fixtures and Fittings”
Fixtures and fittings including but not limited to built-in furniture (fixed to the walls or to the floor), wall-to-wall carpeting, bathroom and kitchen fittings, permanent security systems and any fixed aerial or satellite dish.
“Unoccupied”
Where the private residence is not occupied for a period of 60 (sixty) consecutive days in any 12 (twelve) month Period of Insurance.
“Settlement”
Means the downward movement of ground due to the force of any weight imposed on it.
“Subsidence”
Means the downward movement of land from causes unrelated to the buildings.
“Landslip”
Means the downward or sideways movement of sloping ground resulting from stresses and loading exceeding the available strength of the ground.
2. INSURED EVENTS
The insured events are: 2.1 fire, lightning explosion;
2.2 malicious damage;
2.3 storm, wind, hail, snow or flood excluding loss: 2.3.1 to gates and fences other than palisade fencing;
2.3.2 arising from any process requiring the application or use of water unless by public authorities in extinguishing a fire;
2.4 earthquake;
2.5 bursting, leaking or overflowing of water or oil from tanks, apparatus or pipes, including damage to the items;
2.6 theft or attempted theft provided that if the Dwelling is Unoccupied or undergoing structural alterations
or renovations that theft is accompanied by forcible and violent entry or exit;
2.7 impact with the Dwelling by vehicles, animals, aircrafts or other aerial devices or articles that fall from
them, the collapse of TV/radio aerials, masts or satellite dishes, or falling trees except in the event of trees being intentionally felled;
2.8 settlement, subsidence or landslip from any cause but excluding:
2.8.1 destruction of or damage to watercourses, boundary, garden, screen and retaining walls, gates, posts, fences, driveways, paving, swimming pool surrounds, tennis courts; or
2.8.2 damage caused as a result of the contraction and or expansion of soil as is experienced in clay and other similar types of soil; or
2.8.3 damage which existed at the commencement of the policy; or
2.8.4 damage caused by faulty design, construction or inadequate compaction; or 2.8.5 damage as a result of any alterations, additions or repairs; or
2.8.6 damage as a result of excavations, removal or weakening of support.
3. BENEFITS
Following loss or damage to the Dwelling arising from or caused by an Insured Event during the Period of Insurance:
3.1 We will Indemnify You provided that if, at the time of loss, the Sum Insured is less than the value of the
Full Rebuilding Cost (refer clause 5.1 Full Rebuilding Cost below) of the Dwelling, You will be Your own insurer for the difference and will bear a rateable proportion of the loss; or
3.2 You may choose within 6 (six) months of the Date of Loss or damage to reinstate the Dwelling on the same site (or on another site and in the way You want subject to Our liability not being increased) as nearly as possible to its condition when new, provided that:
3.2.1 the reinstatement must be started and finished in a reasonable time otherwise We will Indemnify You in terms of 3.1;
3.2.2 We will not be liable for any amounts exceeding the cost which would have been payable in terms of 3.1 and We will only be liable to pay such costs when they have been incurred by You; 3.2.3 if at the time of reinstatement, the Sum Insured is less than the value of the Full Rebuilding Cost
(refer clause 5.1 Full Rebuilding Cost below) of the Dwelling which would have been incurred in reinstating the Dwelling had it been totally destroyed, You will be Your own insurer for the difference and will bear a rateable proportion of reinstatement.
3.3 We will not be obliged to reinstate or repair the property until You have made arrangements to Our
4. ADDITIONAL COVER
4.1 Breakage of Glass and Sanitaryware
In the event of accidental breakage in the Dwelling (except when it is Unoccupied), We will pay for or choose to repair or replace:
4.1.1 fixed glass;
4.1.2 fixed sanitary-ware, excluding chipping, scratching, disfigurement or discolouration.
4.2 Rent
If, in Our opinion, the Dwelling becomes uninhabitable following a loss We will pay You the rent due limited to a maximum of the amount stated in the Limit Annexure in the Schedule of Insurance. The amount is only payable for the period reasonably needed to make the domestic residence habitable taking into consideration, inter alia the annual rental value of the unfurnished Dwelling.
4.3 Keys, Locks and Remote Control Units
We will pay for reasonable costs incurred limited to the amount stated in the Limit Annexure in the Schedule of Insurance for any one occurrence:
4.3.1 For the temporary protection of the Dwelling following a Loss;
4.3.2 As a direct consequence of any keys, locks or remote control units of the Dwelling being lost, destroyed or damaged.
4.4 Water-Pumping Machinery
If fixed filtration plant or water-pumping machinery (not automatic pool cleaners) in domestic use is damaged by an Insured Event We will pay for or choose to repair or replace it up to a maximum of the amount stated in the Limit Annexure in the Schedule of Insurance.
4.5 Public Supply or Mains Connection
If the water, sewerage, gas, electricity and telephone connections of Your property or for which You are legally responsible, between the said Dwelling and the public supply or mains are accidentally damaged or destroyed, We will either pay for or repair them.
4.6 Public Authorities Requirements
We 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.
4.7 Fire Brigade Charges
We will indemnify You for costs charged to You by the authorities for fire extinguishing following fire damage to the Dwelling up to the amount stated in the Limit Annexure in the Schedule of Insurance.
4.8 Cost of Demolition and Professional Fees
Following loss to the Dwelling by an Insured Event, We will pay the costs necessarily incurred by You with Our written consent:
4.8.1 in demolishing the Dwelling, removing debris from the site and erecting hoarding required for building operations;
4.8.2 for architects’, quantity surveyors’ and consulting engineers’ fees; 4.8.3 for local authorities’ scrutiny fees.
5. SPECIFIC CONDITIONS 5.1 Full Rebuilding Cost
You have to insure Your Dwelling for today’s Full Rebuilding Cost. You should not include the value of the land, but should include the cost of demolition, rubble removal, professional fees such as architect’s fees, public authorities requirements such as municipal authorities’ scrutiny fees, the costs of securing the site and other incidental charges required for rebuilding. If You are under insured We will only pay part of Your claim.
5.2 Building Operations
While the Dwelling is being erected or structurally altered, cover provided by clauses 4.1 (breakage of glass and sanitary ware), clause 4.2 (rent) and the Personal Liability Section of this Policy will not apply to loss, destruction, damage or liability arising directly or indirectly from such erection or alteration.
5.3 Tenants
This insurance will not be invalidated by any act or omission of Your tenant, provided You notify Us as soon as such act or omission comes to Your knowledge.
5.4 Territorial Limits
The Insured Event must occur at the Risk Address situated in the Republic of South Africa.
6. SPECIFIC EXCLUSIONS
We will not be liable for:
6.1 loss or damage where the Dwelling is Unoccupied;
6.2 loss or damage arising from weeds or roots, wear and tear, gradual deterioration, lack of maintenance
of the Dwelling or defective design, construction or materials;
6.3 loss or liability if the Dwelling does not conform to the requirements of the National Building Regulations
or similar legislation applying at the time of the erection; 6.4 the cost of maintaining the Dwelling;
6.5 loss or damage to temporary structures such as, but by no means limited to, prefabricated garden sheds or tree houses;
6.6 consequential loss or damage of any kind whatsoever except as specifically provided for under Loss of Rent;
6.7 loss or damage to any Dwelling or Outbuilding which is a non-standard construction i.e. Thatch roof
in part or in whole unless specified in the Schedule of Insurance and the additional Premium has been received by Us and You have met the specific requirements in respect of non-standard construction, as set out in the warranty / notes / endorsement Section of Your Schedule of Insurance;
