PERSONAL PACKAGE POLICY
Provided premiums have actually been paid, OLD MUTUAL INSURANCE COMPANY (PRIVATE) LIMITED (the insurers) will provide insurance in terms of this policy in respect of events occurring during the period of insurance or any subsequent period for which they may agree to renew the insurance and except where expressly varied any alterations to the policy whether by means of an endorsement or otherwise shall be subject to the terms exceptions and conditions herein or endorsed hereon. In the event of loss destruction or damage to any insured property necessitating the supply of a part not obtainable from stocks held in Zimbabwe the liability of the insurers in respect of any such part shall be limited to:
(a) (i) the price quoted in the latest catalogue or price list issued by the manufacturer or his agents in Zimbabwe or
(ii) if no catalogue or price list exists the price last obtaining at the manufacturers works plus reasonable cost of transport otherwise than by air to Zimbabwe and the amount of the relative import duty and
(b) the reasonable cost of fitting such part Any statements made by or on behalf of the Insured and any documents submitted to the insurers for the purpose of assessing the risk form the basis of the insurance provided by this policy.
NB: When premiums are payable monthly the insurance provided by this policy will be suspended in the event of non payment of the premium on due date in any month as a result of there being insufficient funds in the insured’s account. In the event of non payment of the premium for 2 (two) consecutive months the policy will automatically lapse. DEFINITIONS Unoccupancy Without sufficient furniture and furnishings for normal living purposes or has not been lived in for more than fourteen (14) consecutive days. Access to or occupation of the private residence by domestic workers shall not constitute occupancy.
SECTION 1 – HOUSEOWNERS (BUILDINGS)The insurers will subject to the sums insured and limits of liability indemnify the insured by payment or at their option by reinstatement or repair in the same form without deduction for wear tear or depreciation provided the premises have been maintained in a good state of repair. Provided that if the insured is unable or unwilling to reinstate the premises on the same or another site the liability of the insurers will be limited to the market value of the premises.
A – BASIC COVER Loss or damage to the premises specified in the schedule including architects’ quantity surveyors’ and consulting engineers’ fees necessarily incurred in the reinstatement of the premises following such loss or damage (other than fees incurred in preparing any claim) caused by:
1. fire lightning thunderbolt subterranean fire explosion
2. storm tempest flood excluding loss or damage caused by subsidence or landslip
3. earthquake excluding any loss or damage (other than loss or damage by fire) arising directly or indirectly from any mining operations
4. impact by aircraft or aerial devices or articles dropped therefrom or by road vehicles trains animals or falling trees
5. bursting of or escape of water from tanks apparatus pipes or domestic appliances including accidental damage thereto
6. housebreaking or any attempt thereat
7. theft or any attempt thereat of landlord’s fixtures and fittings in or on the premises but excluding theft by tenants and/or subtenants whilst the premises are lent let or sub-let in whole or in part (other than to paying guests boarders or lodgers) unless such theft is accompanied by forcible and violent entry or exit
8. accidental breakage or collapse of television or radio aerials. The total liability of the insurers in respect of loss or damage by all or any of the above perils during any one period of insurance shall not exceed the amount stated against each item respectively or in the aggregate the total sum insured shown in the schedule hereto.
B – LOSS OF RENT Loss of rent in respect of the premises and/or cost of alternative accommodation due to loss or damage by any of the perils described in the basic cover but only for the necessary reinstatement period and for an amount not exceeding 15% of the sum insured. The basis of calculation will be the monthly rental value of the insured premises.
C – DAMAGE TO PIPES AND CABLES Accidental damage to water and sewerage pipes and to gas electricity and telephone connections in or on the premises.
D – BREAKAGE OF GLASS AND SANITARYWARE Accidental breakage in the buildings of: 1. glass in windows doors fanlights and skylights and other glass forming part of the landlord’s fixtures and fittings 2. wash basins pedestals baths bidets sinks lavatory pans and cisterns
E – PROPERTY OWNERS LIABILITYAll sums for which the insured shall become legally liable to pay as owner (and not as occupier) of the premises in respect of:
1. accidental death of or bodily injury to or disease contracted by any person not being a member of the insured’s household or employed by the insured
2. accidental loss of or damage to property not belonging to nor in the custody or control of the insured or a member of the insured’s household or a person employed by the insured happening in or on the premises during the period of insurance. In the event of the insured’s death the legal personal representatives of the insured will be indemnified in respect of such liability. The maximum amount payable hereunder in respect of any one claim or series of claims arising out of one event shall not exceed 5% of the sum insured in addition to costs and expenses incurred with the insurers consent.
Claims hereunder are excluded in respect of: 1. liability directly or indirectly due to: (a) the insured’s employment business or profession (b) the use of mechanically propelled road vehicles trailers watercraft or any aircraft
2. any liability which attaches by virtue of an agreement but which would not have attached in the absence of such agreement
3. the carrying out of alterations additions repairs or decorations to the premises mentioned in the schedule unless carried out by the insured personally or by members of the insured’s family or domestic employees or by casual labour employed by the insured for whose acts the insured is legally responsible
4. costs and expenses of litigation recovered by any claimant from the insured which are not incurred in and recoverable in Zimbabwe.
F – REMOVAL OF DEBRIS The cost of demolition erection of hoardings and removal of debris from the premises following damage by an insured peril such cost being necessarily incurred and with the consent of the insurers.
G – MUNICIPAL CHARGES Municipal charges necessarily incurred for: (i) the extinguishing of any fire affecting or threatening to affect the insured premises (ii) the scrutiny of any plans for rebuilding or reinstatement as a direct result of a claim admitted under the policy.
H – NON-POLITICAL RIOT, STRIKE AND MALICIOUS ACT The words riot and strike are hereby deleted from General Exception No. 1. Subject to the terms conditions and clauses contained herein the insurers agree to indemnify the insured against physical loss or damage to the property insured directly related to or caused by or arising from one or more of the following occurrences.
(a) Riot and Strike (i) the act of any person taking part together with others in any disturbance of the public peace (whether in connection with labour disturbance, strike or lock-out or not) not being an occurrence mentioned in General Exception 1;
(ii) the wilful act of any striker or locked-out worker done in furtherance of a strike or in resistance to a lock-out; (iii) the act of any lawfully established authority in controlling, preventing, suppressing or in any other way dealing with any occurrence referred in clauses (i) or (ii) above.
(b) Malicious Act The malicious act of any person (whether or not such act is committed in the course of a disturbance of the public peace) not being an act amounting to or committed in connection with an occurrence mentioned in General Exception 1 hereof but the insurers shall not be liable under this extension for any loss or damage by fire or explosion nor for any loss or damage arising out of or in the course of burglary housebreaking theft or larceny or any attempt thereat or caused by any person taking part therein.
The cover provided by Extensions H(a) and (b) above are subject to the following:
SPECIFIC CONDITION
Cancellation (a) This extension may be cancelled at any time on notice to that effect being given by the Insured but no refund premium will be allowed unless the interest of the insured in the insured property ceases.
(b) This extension may be cancelled by the insurers at any time on notice to that effect being given through the media and the insured shall be deemed to have received such notice on the date of publication to be followed by the issue of a formal endorsement refunding a rateable proportion of the premium for the remainder of the period of insurance from the date of cancellation. Extension H above is subject to the General and Specific Exceptions and Conditions of the policy except as varied herein.
SPECIFIC EXCEPTIONS
This section does not cover:
1. CONSEQUENTIAL LOSS Consequential loss or damage of any kind whatsoever except as specifically provided in B (Loss of Rent)
2. STORM TEMPEST FLOOD EXCLUSION TO PRE-CAST WALLING Loss or damage caused by Storm Tempest Flood under A-Basic Cover No. 2 to pre-cast walling.
3. THEFT EXCLUSION FROM PREMISES OCCUPIED BY TENANTS Theft of fixtures and fittings under A-Basic Cover No. 7 whilst the private residence is occupied by tenants or when the private residence is unoccupied.
4. ELECTRIC MOTORS EXCLUSION Loss or damage from any cause to Filtration Plants Borehole Pumps Electric Motors Gate Motors and other Electrical Equipment appertaining thereto unless such items are separately itemised with full details given to the insurers.
SPECIFIC CONDITIONS
1. AVERAGE If the replacement value of the property insured shall at the time of any loss be collectively greater than the sum insured thereon then the insured shall be considered as being his own insurer for the difference and shall bear a rateable proportion of the loss accordingly. Where there is more than one item average will apply separately to each individual item.
2. TENANTS Should a tenant of the insured do or omit to do without the knowledge or consent of the insured anything which would vitiate the within policy exceptions conditions and/or warranties this section will not be held to be void on that account provided that the insured shall notify the insurers of the happening or existence of such act or omission as soon as the same shall come to his or her knowledge and shall on reasonable demand pay the additional charge for any increase of hazard thereby created according to the established scale of rates for the time such increased hazard may be or shall have been assumed by the insurers during the continuance of this insurance.
3. MORTGAGEES The interest of any mortgagee as regards the buildings landlords fixtures rent or any other property insured only shall not be invalidated by any act or neglect of the mortgagor or owner of the property insured nor by any misrepresentation or non-disclosure by the mortgagor or owner of the property insured at the time when the insurance is effected or renewed or during the currency thereof nor by the alienation of the property nor by the occupation thereof for purposes more hazardous than are permitted by this policy provided that such act neglect misrepresentation non-disclosure alienation or occupation shall have been effected without the knowledge or privity of the mortgagee. Provided also that the mortgagee shall notify the insurers of the happening or existence of such act neglect misrepresentation non-disclosure alienation or occupation as soon as the same shall come to his or her knowledge and shall on reasonable demand pay the additional charge for any increase of hazard thereby created according to the established scale of rates for the time such increased hazard may be or shall have been assumed by the insurers during the continuance of this insurance.
4. ALTERATIONS AND/OR BUILDERS RISKS Whilst any building described in the schedule of this section is in course of erection and/or alteration then until final completion of such erection and/or alteration the insurance under this section in respect of the said buildings is amended as follows: (i) basic cover Sections A5 6 7 8 and B C D and E are cancelled (ii) basic cover Section 2 is cancelled and the following substituted therefor:
2. Storm tempest flood excluding: (a) loss or damage caused by subsidence or landslip (b) the first 10% of each and every loss (iii) the following words are added at the end of basic cover Section A4 “not belonging to or the responsibility of or under the control of any contractor or sub-contractor or their employees engaged in work in connection with the erection or completion of such buildings walls gates and fences”
AUTOMATIC INFLATION MARGIN CLAUSE
The sums insured will be increased automatically on each renewal date by an amount which approximates to official estimates of the increase in the cost of labour and materials in the building industry for the ensuing year. This does not relieve the insured of the responsibility to ensure that the sums insured represent the full value of the property at all times.
SECTION 2 – HOUSEHOLDERS (CONTENTS) The insurers will subject to the sums insured and limits of liability indemnify the insured by payment reinstatement or repair at the insurers’ discretion. A – BASIC COVER Loss destruction or damage (hereinafter referred to as loss) to property specified in the schedule caused by:
1. fire or explosion
2. earthquake excluding any loss (other than loss by fire) arising directly or indirectly from any mining operations
3. impact by aircraft or aerial devices or articles dropped therefrom or by road vehicles trains animals falling trees or by the collapse of television or radio aerials or masts
4. lightning storm or flood
5. bursting of or escape of water from tanks apparatus pipes or domestic appliances
6. theft or any attempt thereat (a) from within the building of the private residence but excluding any open areas in such building
(b) accompanied by actual forcible and violent entry from private garages or outbuildings
(c) of garden and verandah furniture or of laundry from washing lines subject to a limit of 2% of the total sum insured Excluding theft while the buildings or any part thereof are lent let or sub-let (other than to paying guests boarders or lodgers) unless accompanied by violent and forcible entry or exit. Claims in respect of total loss or destruction of any household appliance carpet or article of furniture up to 2 (two) years old will be settled on the basis of the new replacement cost at the time of the loss.
B – COVER AWAY FROM PRIVATE RESIDENCE Loss or damage to the insured property (but only insofar as they are not otherwise insured) caused by: 1. the perils described in A while in any other building (including hospitals or educational establishments) where the insured or any member of the insured’s household is temporarily residing or in any bank safe deposit or furniture depository
. fire explosion or theft accompanied by actual forcible and violent entry or exit while in any laundry dry cleaners or other trade premises for repair or renovation or at any office or trade premises where the insured or any member of the insured’s household is employed
3. fire explosion or theft while in transit to or from any bank safe deposit or furniture depository. The amount payable in terms of this paragraph shall not exceed 15% of the sum insured unless specially agreed.
C – TRANSIT COVER Loss or damage to the insured property (but only insofar as they are not otherwise insured) caused by fire lightning explosion or theft while in course of removal within Zimbabwe consequent upon a permanent change of residence.
D – LOSS OF MONEY Loss of money while in the private residence specified in the schedule (excluding private garages and outbuildings) to a limit of 1% of the total sum insured caused by any of the perils described in A but excluding all losses by theft unless such theft is accompanied by forcible and violent entry or exit. “Money” shall mean cash bank notes cheques money orders postal orders current postage stamps and travel tickets belonging to the insured or to the insured’s spouse.
E – LOSS OF KEYS The necessary cost of replacing locks and keys to external doors and keys to other doors cabinets cupboards or appliances following loss of or damage to keys pertaining to the private residence.
F – ACCIDENTAL BREAKAGE Accidental breakage of mirrors and of glass forming part of furniture (other than lighting fixtures and fittings) while in the private residence.
G – COST OF ALTERNATIVE ACCOMMODATION The reasonable additional cost of alternative accommodation when the private residence is uninhabitable due to loss or damage caused by the perils described in A but only for the necessary reinstatement period. The total amount payable in terms of this paragraph in any one period of insurance shall not exceed 15% of the sum insured.
H – MEDICAL EXPENSES Medical expenses (but only insofar as such expenses are not otherwise recoverable) incurred as a result of bodily injury sustained by: 1. any person other than the insured or a member of the insured’s household directly or indirectly caused by any domestic animal kept on the premises 2. any guest or visitor directly caused by any defect in or about the premises 3. any domestic worker employed by the insured arising out of and in the course of such employment The amount payable in terms of this paragraph shall not exceed 1% of sum insured per person in respect of any one claim or series of claims arising out of one event.
I – DEEP FREEZER CONTENTS Loss or damage to goods to a limit of 2% of the total sum insured any one claim in any deep freezer in the buildings due to: 1. breakdown of or accidental damage to the deep freezer 2. failure of any thermostatic or automatic controlling device of the deep freezer 3. failure of the public electricity supply not due to drought shortage of fuel or the deliberate act of the supply authority. Claims are excluded in respect of: (a) the wilful acts or wilful neglect of the insured or any member of the insured’s household or domestic workers (b) failure of the insured to maintain the deep freezer in efficient condition.
J – TELEVISION SETS AND VIDEO RECORDERS In addition to the cover provided in A this insurance extends to include accidental damage to television sets and video recorders other than by mechanical or electrical breakdown or derangement.
K – LIABILITY The insurers will subject to the limits of liability and the jurisdiction clause indemnify the insured against all sums for which the insured shall become legally liable to pay:
1. In respect of: (a) accidental death of or bodily injury to or disease contracted by any person not being a member of the insured’s household or employed by the insured
(b) accidental loss of or damage to property not belonging to or in the custody or control of the insured or a member of the insured’s household or a person employed by the insured happening during the period of insurance (i) within Zimbabwe (ii) elsewhere while the insured is on a temporary visit Any member of the insured’s household permanently residing with the insured will be indemnified as though such person were the insured. In the event of the insured’s death the legal personal representatives of the insured will be indemnified in respect of such liability.
The maximum amount payable hereunder in respect of any one claim or series of claims arising out of one event shall not exceed 5% of the total sum insured in addition to costs and expenses incurred with the insurers’ consent.
2. As tenant in respect of: (a) loss or damage to the buildings on the premises and landlord’s fixtures and fittings caused by the perils described in A other than fire The total amount payable in terms of this sub-paragraph in any one period of insurance shall not exceed 10% of the sum insured (b) breakage of: (i) glass in windows doors fanlights and skylights and other glass forming part of the landlord’s fixtures and fittings (ii) wash basins pedestals baths bidets sinks lavatory pans and cisterns (c) damage to water and sewerage pipes and to gas electricity and telephone connections between the buildings and the supply or mains.
Claims are excluded in respect of: 1. liability directly or indirectly due to: (a) the insured’s employment business or profession or that of any member of the insured’s household (b) the use of mechanically propelled road vehicles trailers water-craft or any aircraft (c) the ownership or possession of animals other than dogs and cats (d) the ownership of any land or buildings (e) the occupation of any land or buildings other than the premises specified in the schedule (f) any wilful or malicious act 2. any liability which attaches by virtue of an agreement but which would not have attached in the absence of such agreement.
L – REVERSE LIABILITY The insured will be indemnified by payment for damages and costs and interest forming part of a judgement delivered by or obtained from a court of competent jurisdiction within Zimbabwe which remains unsatisfied in whole or in part 12 months after the date of such judgement where these damages costs and interest would have been the subject of indemnity under Part K of this Section if the position of the insured and the person responsible had been reversed provided there is no appeal pending. In the event of the insured’s death the legal personal representatives of the insured will be indemnified in respect of unsatisfied awards owed to the insured. Any member of the insured’s household permanently residing with the insured will be indemnified as though such person were the insured. The maximum amount payable hereunder in respect of any one claim or series of claims arising out of one event shall not exceed 2.5% of the total sum insured in addition to costs and expenses incurred after the date of the judgement and with the insurers’ consent. The insured must notify the insurers in writing before commencing any legal process and at the discretion and expense of the insurers must join as defendants any other person whom the insurers specify.
M – LIABILITY TO DOMESTIC WORKERS The insurers will pay all sums for which the insured may be held legally liable at common law as householder in respect of accidental death or of bodily injury to any domestic worker employed by the insured arising out of and in the course of such employment.
N – DEATH BENEFIT FOR INSURED AND SPOUSE The insurers will pay to the insured or to the legal personal representatives of the insured the sum of: (a) 1% of the sum insured of the highest valued premises insured under Section 1 - Buildings or (b) 10% of the sum insured of the highest valued contents of premises insured under Section 2 – Contents whichever is the highest of (a) or (b). In the event of the death of the insured or of the insured’s spouse occurring in or about the premises directly caused by fire accident or violence at the hands of an intruder or a domestic worker employed by the insured provided death ensues within three calendar months. If the death of the insured and the insured’s spouse occurs as a result of one accident or series of accidents arising out of one event as herein provided a proportional amount will be paid in respect of each.
O – UNOCCUPANCY In the event of the private residence described in the schedule whether furnished or unfurnished being left unoccupied for more than forty five (45) consecutive days during any one period of insurance against loss destruction or damage by theft or attempt thereat to the contents shall be entirely suspended in respect of any period in excess of the aforesaid forty five (45) days unless otherwise agreed by endorsement. Provided that access to or occupation of the private residence by the Insured’s domestic workers shall not constitute occupancy.
P – NON-POLITICAL RIOT, STRIKE AND MALICIOUS ACT The words riot and strike are hereby deleted from General Exception No. 1. Subject to the terms conditions and clauses contained herein the insurers agree to indemnify the insured against physical loss or damage to the property insured directly related to or caused by or arising from one or more of the following occurrences(a) Riot and Strike (i) the act of any person taking part together with others in any disturbance of the public peace (whether in connection with labour disturbance, strike or lock-out or not) not being an occurrence mentioned in General Exception 1; (ii) the wilful act of any striker or locked-out worker done in furtherance of a strike or in resistance to a lock-out; (iii) the act of any lawfully established authority in controlling, preventing, suppressing or in any other way dealing with any occurrence referred in clauses (i) or (ii) above.
(b) Malicious Act The malicious act of any person (whether or not such act is committed in the course of a disturbance of the public peace) not being an act amounting to or committed in connection with an occurrence mentioned in General Exception 1 hereof but the insurers shall not be liable under this extension for any loss or damage by fire or explosion nor for any loss or damage arising out of or in the course of burglary housebreaking theft or larceny or any attempt thereat or caused by any person taking part therein.
SPECIFIC CONDITION
Cancellation (c) This extension may be cancelled at any time on notice to that effect being given by the Insured but no refund premium will be allowed unless the interest of the insured in the insured property ceases. (d) This extension may be cancelled by the insurers at any time on notice to that effect being given through the media and the insured shall be deemed to have received such notice on the date of publication to be followed by the issue of a formal endorsement refunding a rateable proportion of the premium for the remainder of the period of insurance from the date of cancellation. Extension P above is subject to the General and Specific Exceptions and Conditions of the policy except as varied herein.
Q – HOLE-IN-ONE If the insured or any member of his family normally reside with you scores a Hole-in-One whilst playing as an Amateur in a game of golf in terms of the rules at any recognized Golf Club the insurers will pay to the Insured the sum of 0.5% of the sum insured up to a maximum of $500 (Five Hundred Dollars) on confirmation in writing of the Hole-in-One by the Secretary of the Club concerned.
R – VALUABLES The total value of platinum gold and silver articles jewellery and furs shall be deemed not to exceed one third (⅓) of the total sum insured on the said contents unless specially agreed herein
SPECIFIC EXCEPTIONS
This Section does not cover:
1. TERRITORIAL LIMIT Property outside Zimbabwe except as provided for in B (cover away from private residence).
2. CONSEQUENTIAL LOSS Consequential loss of any kind except as specifically provided for in G (cost of alternative accommodation).
3. DOMESTIC WORKERS Loss of or damage to the property of domestic workers unless specifically mentioned.
4. PROPERTY NOT INSURED Property more specifically insured or unless specially mentioned animals poultry motor vehicles and accessories yachts and boats and their equipment and accessories securities certificates or documents of any kind.
5. COLLECTIONS Collections of coins medals or stamps for an amount exceeding 5% of the total sum insured unless specifically mentioned.
SECTION 3 – ALL RISKS Loss or damage by accident or misfortune to the property of the insured or any member of the insured’s immediate family normally resident with the insured described in the schedule happening within Zimbabwe or while the insured or the insured’s spouse is temporarily elsewhere during the period of insurance. The maximum amount payable in respect of any item shall not exceed the sum insured for such item.
SPECIFIC CONDITIONS
1. VALUATIONS All items of jewellery and watches exceeding 20% of the sum insured of Item No. 1 on the Schedule of Property shall require to be specified separately and a valuation certificate obtained.
2. JEWELLERY Any jewellery included in this insurance shall be examined periodically by a competent jeweller and all attachments fastening and settings of stones shall be attended to as advised by such jeweller.
3. PAIRS AND SETS CLAUSE Where any insured item consists of articles in a pair or set, the insurers liability is limited to the value of any particular part or parts which may be lost without reference to any special value which such article or articles may have as part of such pair or set. In any event the insurers liability shall not exceed a proportionate part of the sum insured in respect of the pair or set
SPECIFIC EXCEPTIONS The insurers will not pay for loss occasioned by or through or in consequence of:
1. REPAIR Any process of repairing restoring or renovating
2. DETERIORATION Vermin insects mildew wear and tear depreciation or deterioration.
3. ACT OF AUTHORITIES Confiscation nationalisation detention requisition or wilful destruction on the order of any lawfully constituted public authority.
4. FRAGILE ARTICLES Cracking scratching and breakage of china glassware and articles of a brittle or fragile nature unless caused by fire or thieves.
5. MECHANICAL DERANGEMENT Mechanical or electrical breakdown or derangement unless accompanied by other damage for which indemnity is provided by this section.
6. SCRATCHING Scratching of lenses mirrors prisms films or slides unless accompanied by other damage for which indemnity is provided by this section.
7. FIRE ARMS Rusting of firearms or bursting or distortion of barrels while undergoing test.
8. AUDIO EQUIPMENT Loss of car audio and visual equipment unless specifically mentioned.
9. THEFT FROM UNATTENDED VEHICLE Theft of insured property from an unattended vehicle unless the theft shall be a direct result of visible violent and forcible entry to the motor vehicle; further the insured shall be responsible for the first 20% of each and every loss. Such cover shall be limited to 20% of the sum insured.
SECTION 4 – PERSONAL ACCIDENT The insurers will pay to the insured or his legal personal representatives the amount specified in the schedule in the event of an insured person suffering accidental death or disablement or receiving medical attention as a direct result of an accident causing bodily injury resulting in:
ITEM 1 - DEATH Death occurring within 12 calendar months of the date of the accident.
ITEM 2 – PERMANENT DISABLEMENT Permanent disablement within 24 calendar months of the date of the accident the percentage of the amount specified in the schedule forming part of this policy in accordance with the following table
SPECIFIC EXCEPTIONS
The insurers will not pay for loss occasioned by or through or in consequence of:
1. REPAIR Any process of repairing restoring or renovating
2. DETERIORATION Vermin insects mildew wear and tear depreciation or deterioration.
3. ACT OF AUTHORITIES Confiscation nationalisation detention requisition or wilful destruction on the order of any lawfully constituted public authority.
4. FRAGILE ARTICLES Cracking scratching and breakage of china glassware and articles of a brittle or fragile nature unless caused by fire or thieves.
5. MECHANICAL DERANGEMENT Mechanical or electrical breakdown or derangement unless accompanied by other damage for which indemnity is provided by this section.
6. SCRATCHING Scratching of lenses mirrors prisms films or slides unless accompanied by other damage for which indemnity is provided by this section.
7. FIRE ARMS Rusting of firearms or bursting or distortion of barrels while undergoing test.
8. AUDIO EQUIPMENT Loss of car audio and visual equipment unless specifically mentioned.
9. THEFT FROM UNATTENDED VEHICLE Theft of insured property from an unattended vehicle unless the theft shall be a direct result of visible violent and forcible entry to the motor vehicle; further the insured shall be responsible for the first 20% of each and every loss. Such cover shall be limited to 20% of the sum insured.
SECTION 4 – PERSONAL ACCIDENT
The insurers will pay to the insured or his legal personal representatives the amount specified in the schedule in the event of an insured person suffering accidental death or disablement or receiving medical attention as a direct result of an accident causing bodily injury resulting in:
ITEM 1 - DEATH Death occurring within 12 calendar months of the date of the accident.
ITEM 2 – PERMANENT DISABLEMENT Permanent disablement within 24 calendar months of the date of the accident the percentage of the amount specified in the schedule forming part of this policy in accordance with the following table:
The permanent total loss of use of a member shall be regarded as the loss of the member Where the injury is not specified the insurers will adopt a percentage of disablement which in their opinion is not inconsistent with the provisions of this table.
ITEM 3 – TEMPORARY TOTAL DISABLEMENT Temporary total disablement a sum equal to the amount shown in the schedule for each week of such disablement not exceeding in all from the date of the accident a maximum of 104 successive weeks. Provided that:
(a) if compensation is due following death such sum shall be reduced by any lesser amount which has been paid or is payable under Item 2 hereof
(b) compensation in respect of Item 3 hereof shall become payable when the period of disablement has been ascertained and the total amount agreed or at the request of the insured at insured at intervals of not less than four weeks.
(c) if an insured person named in the schedule forming part of this policy at any time be insured against injury by accident whether fatal or otherwise under any other insurance (except coupon insurance or where the personal accident cover is merely ancillary to some other class of insurance) then this shall be declared to the insurers in the event of a claim
(d) cover lapses after the period of insurance following the attainment of the insured person’s 65th birthday unless its continuance is agreed to in writing by the insurers.
MEDICAL EXPENSES
The insurers will pay the reasonable medical expenses incurred by or on behalf of an insured person directly as a result of any one accident up to the limit stated in the schedule.
DEFINITIONS “Permanent Total Disablement” means permanent total disablement from following his usual occupation or any other occupation for which the insured person is fitted by knowledge or training with proof satisfactory to the insurers that such disablement has continued for one year from the date of the accident and will in all probability continue for the remainder of the insured person’s life. “Temporary Total Disablement” shall mean total and absolute incapacity from following usual employment and shall be deemed to have ceased when the injury causing the incapacity has healed or been cured as far as is reasonably possible notwithstanding that permanent disablement may remain. “Medical Expenses” shall mean medical surgical dental hospital and nursing home expenses and any reasonable travelling expenses incidental thereto.
SPECIFIC EXCEPTIONS The insurers shall not be liable to pay any compensation under this policy in respect of bodily injury
A – AIR TRAVEL Occurring whilst an insured person is travelling by air other than as a passenger (not as a member or acting member of the crew and not for the purpose of any trade or technical operation connected with the aircraft) in a fixed winged aircraft of standard design fully licensed for the carriage of passengers and piloted by a person fully licensed for the purpose. B – INSURED PERSON’S ACT OR CONDITION Resulting from an accident 1. caused by or attributable to: (i) an insured person’s own serious and wilful act (ii) any serious physical or mental defect or infirmity from which an insured person was suffering before the accident
2. sustained by an insured person while under the influence of intoxicants or drugs or while the concentration of alcohol in an insured persons blood is in excess of 150 mg per 100ml unless it is proved by or on behalf of an insured person that none of these circumstances was a factor contributing to the accident.
C – SPORTS Sustained whilst engaged in 1. mountaineering necessitating the use of ropes or guides big game hunting speed or duration tests or racing (other than while racing on foot or while yachting) 2. rugby football scuba diving potholing polo steeple chasing parachuting gliding hang gliding winter sports ice hockey wrestling boxing any professional sport and other hazardous pursuits.
D – MOTOR CYCLING Whilst motor cycling. SPECIFIC CONDITION CHANGES IN HEALTH/OCCUPATION The insured shall give immediate notice to the insurers of any change in the business or occupation of any insured person and pay any additional premium that may be required by the insurers and before each renewal of the insurance shall give written notice to the insurers of any disease or physical defect or infirmity with which he has been or is affected or of which he has become cognisant.
SPECIFIC EXTENSION DISAPPEARANCE/EXPOSURE
This section covers death from disappearance or exposure. If after a reasonable time has elapsed and after all available evidence has been examined there is reason to presume the death of the insured person as a result of accident the disappearance of the insured person shall be considered to constitute a claim under this section. Furthermore if at any time after payment has been made by the insurers the insured person is found to be living any compensation paid by the insurers in settlement of this claim will be refunded to them.
GENERAL EXCEPTIONS
This policy does not cover:
1. WAR Loss damage or liability directly or indirectly occasioned by or through or in consequence of:
(a) war invasion act of foreign enemy hostilities or warlike operations (whether war be declared or not) civil war mutiny riot strike civil commotion military or popular uprising insurrection rebellion revolution military or usurped power martial law or state of siege or any of the events or causes which determine the proclamation or maintenance of martial law or state of siege or coup d’etat;
(b) any act (whether on behalf of any organization body or person or group of persons) calculated or directed to overthrow or influence any government de jure or de facto, or any provincial or local authority with force or by means of fear terrorism or violence;
(c) any act which is calculated or directed to further any political aim, objective or cause or in protest against any government de jure or de facto, or any provincial or local authority;
(d) an armed conflict between regions or political or religious or ethnic or tribal factions within Zimbabwe;
(e) power outage load shedding or surge;
(f) any attempt to perform any act referred to in the immediately preceeding paragraphs
(g) any act of any lawfully established authority in controlling preventing suppressing or in any other way dealing with any occurrence referred to in the clause (a) (b) (c) (d) (e) or (f) above; (h) abandonment and/or dispossession of property insured resulting from seizure confiscation commandeering restraint detention requisition appropriation or nationalization by any lawfully constituted authority or by order of any government de jure or de facto;
(i) abandonment and/or legal or illegal occupation of premises for a period of more than 48 consecutive hours by any person or group of persons except in the course of labour disturbances strike or lockout if insured by this policy;
(j) any act of terrorism committed by any body or person or any group of persons or by any government de jure or de facto. In any action suit or other proceedings where the insurers allege that by reason of the provisions of this exception any event loss destruction or damage is not covered by this policy the burden of proving that such event loss destruction or damage is covered shall be upon the insured.
2. NUCLEAR RISKS (a) loss event destruction damage injury or liability whatsoever (b) any legal liability of whatever nature directly or indirectly caused by or arising from or in consequence of or contributed to by nuclear weapons materials or by ionising radiations or contamination by radio-activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. For the purposes of this exception only combustion shall include any self-sustaining process of nuclear fission.
GENERAL CONDITIONS
The following conditions apply to all sections of this policy:
1. OBSERVANCE The liability of the insurers will be conditional upon any person claiming indemnity or benefit observing the terms and conditions of the policy.
2. INSURERS RIGHTS AFTER A LOSS (APPLICABLE TO SECTIONS 1, 2 AND 3 ONLY) The insurers shall be entitled: (a) on the happening of any loss of or damage to the property insured to enter any building where the loss or damage has happened and to take and keep possession of the property insured and to deal with the salvage and this policy shall be proof of leave and licence for such purpose. No property may be abandoned to the insurers (b) to undertake in the name and on behalf of the insured the absolute conduct control and settlement of any proceedings and to take proceedings at their own expense and for their own benefit but in the name of the insured to recover compensation or secure indemnity from any third party in respect of anything covered by this section.
3. CLAIMS (a) On the happening of any loss event destruction damage injury or liability which may result in a claim under this policy the insured shall at their own expense
(i) forthwith notify the insurers in writing of any claim together with particulars of any other insurances on any property hereby insured
(ii) within fifteen days after the loss event destruction damage injury or liability (or such further time as the insurers may in writing allow) submit to the insurers full details in writing of any claim
(iii) immediately inform the police of any claim involving theft fraud dishonesty or loss of property and take all practicable steps to discover the guilty party and to recover the stolen or lost property
(iv) give to the insurers such proofs information and sworn declarations as the insurers may require and forward to the insurers immediately any notice of claim or any communication whatever writ summons or other legal process issued or commenced against the insured in connection with the loss event destruction damage injury or liability giving rise to the claim
(v) co-operate with the insurers or its nominees in minimising the resulting loss damage injury or liability
(vi) In the case of an injury to which Section 4 (Personal Accident) of this policy applies:
1. an insured person shall procure and act upon proper medical or surgical advice as soon as possible
2. all certificates information and evidence required by the insurers shall be furnished at the expense of the insured or his legal personal representatives and shall be in such form and of such nature as the insurers may prescribe. The insured as often as required shall arrange for an insured person to submit to medical examination on behalf of the insurers at their own expense in respect of any bodily injury. In case of accidental death of an insured person reasonable notice shall be given to the insurers before interment or cremation and the insurers may require or be represented at a post mortem examination on the body of an insured person. Immediate notice stating date time and place shall be given to the insurers of any inquest
3. any receipt or discharge which the insured or his legal personal representatives may grant to the insurers for any capital sum weekly compensation and/or medical expenses under this section shall be deemed a final and complete discharge of all liability by the insurers in respect of any and every injury or contingency (including death) resulting to an insured person whether arising or resulting before or after the date of such receipt or discharge
4. in the event of the insurers indicating their intention to decline liability in respect of any claim made or contemplated under this section the insurers shall be under no liability under this policy unless action at law shall have actually commenced within three calendar months of the date when the insurers shall have indicated their intention to deny liability as aforesaid.
(b) No claim under this policy shall be payable: (i) unless the terms of this condition have been complied with (ii) if the insured makes any admission statement offer promise payment or indemnity without the prior written consent of the insurers (iii) for any loss or damage after the expiry of 12 months from the happening of such loss or damage unless the claim is the subject of pending legal action or arbitration or is a claim under any section of the policy indemnifying the insured against sums which the insured may become legally liable to pay as compensation in respect of bodily injury and/or loss or damage to property.
4. FRAUD If any claim under this policy be in any respect fraudulent or if any fraudulent means or devices be used by the insured or any one acting on their behalf to obtain any benefit under this policy or if any loss event destruction damage injury or liability be occasioned by the wilful act or with the connivance of the insured all benefit under this policy shall be forfeited.
5. CANCELLATION This policy may be cancelled at any time at the request of the insured in writing to the insurers and the premium hereon shall be adjusted on the basis of the insurers receiving or retaining the customary short term premium or minimum premium. This policy may also be cancelled by the insurers by seven days’ notice given in writing to the insured at his last known address and the premium hereon shall be adjusted on the basis of the insurers receiving or retaining pro rata premium. The cover under A- Extension H of Section 1 and Extension P of Section 2 maybe: (a) cancelled at any time on notice to that effect being given by the insured but no refund premium will be allowed unless the interest of the insured in the insured property ceases (b) cancelled by the insurers at any time on notice to that effect being given through the media and the insured shall be deemed to have received such notice on the date of publication to be followed by the issue of a formal endorsement refunding a rateable proportion of the premium for the remainder of the period of insurance from the date of cancellation.
6. CURRENCY All sums of money referred to herein are deemed to be in the currency as stated on the Policy Schedule.
7. JURISDICTION The indemnity shall not apply to judgements which in the first instance are delivered by or obtained from any court outside Zimbabwe.
8. ARBITRATION If any difference shall arise as to the amount to be paid under this policy liability being otherwise admitted such difference shall be referred to an Arbitrator to be appointed by the parties in accordance with the Statutory provisions on their behalf for the time being in force. 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 the insurers.
9. RIGHTS OF OTHERS Unless otherwise expressly stated by endorsement hereon nothing contained herein shall give any rights against the insurers to any person other than the insured. Further the insurers shall not be bound by any passing of the interest of the insured otherwise than by death or operation of law unless and until the insurers shall by endorsement hereon declare the insurance to be continued.
10. RIGHTS AGAINST THIRD PARTIES The insured shall at the expense of the insurers do and concur in doing and permit to be done all such acts and things as may be necessary or reasonably required by the insurers for the purpose of enforcing any rights and remedies or of obtaining relief or indemnity from other parties to which the insurers shall be or would become entitled or subrogated upon their paying for or making good any loss or damage under this policy whether such acts and things shall be or become necessary or required before or after indemnification by the insurers.
11. CONTRIBUTION If at the time of any loss damage or liability covered by Sections 1 2 or 3 there shall be any other insurance covering such loss damage or liability or any part thereof the insurers shall not be liable for more than its rateable proportion thereof.
12. SEVERAL PREMISES The conditions limitations and exclusions contained herein apply separately to each private residence described in this policy (including private garages and outbuildings) in the same manner as if each had been insured by a separate policy
13. AVERAGE If the full value of any property insured by Sections 2 and 3 (except in respect of items 1 – 6 of the Schedule) at the time of the happening of the insured event exceeds the sum insured then the insured shall be considered as being his own insurer for the difference and shall bear a rateable share of the loss accordingly.
14. PREVENTION OF LOSS The insured shall take and cause to be taken all reasonable precautions for the maintenance and safety of the insured property and for the prevention of accidents.
15. AUTOMATIC REINSTATEMENT Notwithstanding anything to the contrary in this policy in the event of loss or damage to the property insured by Sections 1 – 3 the sum insured on such property shall be automatically reinstated to the extent of the insured’s insurable interest in the reinstated or repaired property or in any property substituted in place of the property so damaged and the insured shall if required pay to the insurers an additional premium calculated at pro rata rates in respect of such substitution