GPLA Policy Wording.pdf - HSA

___________________________________________________________________________
GPLA
®
___________________________________________________________________________
PROFESSIONAL INDEMNITY
And
PUBLIC LIABILITY INSURANCE
For
MEDICAL AND DENTAL PRACTITIONERS
This is to certify that in accordance with the authorization granted to
GENERAL AND PROFESSIONAL LIABILITY ACCEPTANCES (PTY) LTD
(The “Underwriters”)
by
NATIONAL INSURERS LIMITED
(The “Insurers”)
and in consideration of, and conditional upon, the prior payment of the Premium by or on behalf of the
Insured and receipt thereof by or on behalf of the Insurers, the Insurers are hereby bound to insure in
accordance with the terms, Exclusions, Conditions and limitations contained herein or endorsed
hereon.
The Insurance Contract is conditional upon and will only come into effect following payment of the
Premium by the Insured and the receipt thereof by or on behalf of the Insurers.
________________________________________________
Signed for and on behalf of Underwriters
Date of Signature: / /2006

THIS IS A CLAIMS MADE AGGREGATE CERTIFICATE
(WITH DEFENCE COSTS AND DISCIPLINIARY HEARING COSTS INCLUDED
WITHIN THE LIMIT OF INDEMNITY)
INSURING CLAUSE
1. WHEREAS the Assured, as defined herein, has made to Underwriters a written Proposal or
Declaration bearing the date stated in the Schedule, a copy of which is attached, containing
particulars and statements which are hereby agreed to be the basis of this Certificate and are to
be considered as incorporated herein, and the Premium (as stated in the Schedule) being
received by Underwriters.
2. WE, THE UNDERWRITERS, to the extent and in the manner hereinafter provided, and subject to
the Terms and Conditions of this Certificate HEREBY AGREE to Indemnify the Assured for
Claims made against the Assured during the Period of this Insurance against all sums which the
Assured shall become legally liable to pay as damages in accordance with the law of any country
but not in respect of any judgment, award or settlement made within countries which operate
under the laws of the United States of America or Canada (or any order made anywhere in the
world to enforce such judgment, award or settlement either in whole or in part), unless the
Assured has requested that there shall be no such limitation and has accepted the terms offered
by Underwriters in granting such cover which offer and acceptance must be signified by specific
endorsement (including any reinstatement provision) to this Certificate, arising out of
any bodily injury, mental injury, illness, disease or death of any patient caused by any
negligent act, error or omission committed by the Assured in or about the conduct of the
Assured's occupation or business as stated in the Proposal or Declaration, or Good
Samaritan Acts, (hereinafter referred to as "Malpractice")
and pay all Defence Costs incurred with the Underwriters' consent, such consent not being
unreasonably withheld, in connection with any Claim which falls within this Certificate, provided
that the total amount payable in respect of damages and Defence Costs shall not exceed the
Limit of Indemnity as stated in the Schedule;
and pay all costs and expenses incurred with the Underwriters' consent, such consent not being
unreasonably withheld, in connection with any legal representation of the Assured at duly
constituted professional disciplinary tribunal or enquiry relating to any matter which may form the
subject of a Claim which falls within this Certificate, provided that the total amount payable in
respect of such costs and expenses shall not exceed the Limit of Indemnity for Disciplinary
Hearing Costs as stated in the Schedule;
IT IS FURTHER provided that Underwriters shall not be obligated to pay any Claim, judgment,
award, Defence Costs, or to undertake or continue the defence of any suit or proceeding after the
Limit of Indemnity has been exhausted by payment or agreement to pay any Claim, judgment,
award, settlement, and Defence Costs, or after deposit of the applicable Limit of Indemnity in a
court of competent jurisdiction, and that in such a case Underwriters shall have the right to
withdraw from the further defence thereof by tendering control of said defence to the Assured
subject however to any reinstatement conditions which may be endorsed to this Certificate.

DEFINITIONS
(i)
The expression "the Insured" shall be deemed to mean:
(a) the individual, partnership, corporation, institution or such other entity (named in the
Schedule) which has legal capacity
(b) any person who is, has been or may become during the period specified in the Schedule,
a principal, partner, director, a member of any ethics committee, employee or volunteer of
the Insured named in the Schedule but only in respect of Claims arising from work
undertaken on behalf of the Insured
(c) the personal representatives of the estate of any person who would otherwise be
indemnified under this Certificate.
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(vii)
(viii)
The expression "Good Samaritan Act" shall mean treatment administered at the scene of a
medical emergency, accident or disaster by the Insured who is present either by chance, or in
response to a S.O.S. call following a disaster.
The expression "Claim" shall mean any event or series of events arising from one originating
cause and for which the Insured is required to give notice to Underwriters in accordance with
General Condition 2.
The expression "Defence Costs" shall mean all costs, fees and expenses (including
representation at Coroners Inquest) incurred in the defence or settlement of any Claim.
The expression "Products" shall mean any solid, liquid or gaseous substance or component
part thereof.
Except where the context otherwise requires, words denoting the singular include the plural
and vice versa words denoting any gender include all words denoting any gender include all.
The expression “Bodily Injury” shall mean accidental death injury disease illness mental injury
or mental anguish or shock
The expression “Practice” shall mean the professional activities as stated on the individual
Certificate of insurance
The expression “Circumstance” shall mean any one or more of the following:
a. any claim against the Insured;
b. an intimation of an intention to claim against the Insured;
c. any known direct or indirect facts or circumstances whether expressed or implied relating
to the performance of the Insured (whether justified or not) which might give rise to a
claim against the Insured;
d. any known direct or indirect facts or circumstances expressed or implied relating to the
performance (whether justified or not) of a party for whom the Insured is responsible
which might give rise to a claim against the Insured;
e. any knowledge of the Insured of failure or doubt of the efficacy of their own performance
or the performance of a party for whom they are responsible where such failure or
improper performance might give rise to a claim against the Insured;
f. any knowledge of the Insured that materials goods services or actions specified designed
or recommended by the Insured or by a party for whom and for which the Insured is
responsible have failed to meet the standard required and which might give rise to a claim

against the Insured which (regardless of the Deductible) may be the subject of indemnity
under this Policy.
(ix)
(x)
(xi)
(xii)
(xiii)
The expression “Damage” shall mean accidental physical destruction of or accidental damage
to or loss of tangible property.
“Excess” shall mean the first amount as shown in the individual Certificate of Insurance to be
borne by the Insured in respect of each and every claim made against the Insured.
All claims attributable to the same act, error or omission and/or a series of acts errors or
omissions consequent upon or attributable to the same original cause or source will be
regarded as one claim.
“Employee” shall mean any person including any trainee or locum tenens or consultant who
is or was under a contract of service with the Insured at the time of any act or omission giving
rise to a claim against the Insured.
“Insured” shall mean:
a. the person named in the Certificate of Insurance
b. any partnership or incorporated company that the insured individual reflected in the
Certificate of Insurance is a partner or director of PROVIDED THAT
i. the partnership or incorporated company will only remain fully
insured if all the partners or directors of the partnership or
incorporated company respectively are insured under a GPLA
Medical Professional Indemnity Policy at the time that the incident
giving rise to the claim (“the incident”) occurs.
ii.
iii.
In the event that any of the partners or directors are not insured
through GPLA at the time of the incident, then Insurers will only be
responsible for that portion of the claim, calculated pro-rata, in the
same proportion that the partners or directors insured through the
Scheme bear to the total number of partners or directors in that
partnership or incorporated company at the time that the incident
occurred. This pro-rata calculation will include previous directors or
partners who were insured through the Scheme at the time that the
incident occurred.
Insurers’ liability in respect of any claims against a partnership or
incorporated company will be limited to R30 Million or the cumulative
total of all individual limits of indemnity stated on their Certificates of
Insurance whichever is the lesser
c. any present or former employee of the Insured in respect of those activities that are
conducted within the course and scope of that employees employment with the
Insured. However, any employee acting in their professional capacity and who are
required to have professional indemnity insurance in terms of the The National
Health Act or similar, will be excluded hereunder.
d. any predecessors of the Insured but only to the extent that liability attaches to the
Insured
e. the estates and/or the legal representatives of any person referred to in this
definition in the event of their death incapacity or insolvency.
(xiv)
The expression “Period of Insurance” shall mean the period stated in the individual Certificate
of Insurance.

(xv)
(xvi)
(xvii)
The expression “Professional Healthcare Services” shall mean the medical or dental or
professional treatment provided by members of the healthcare professions and or
professional duties which the Insured undertakes in the course of their usual Practice as
stated in the individual Certificate of Insurance.
The “Proposal” shall mean any signed proposal form and declaration and any written
information in addition thereto or in substitution thereof supplied to the Insurer by or on behalf
of the Insured.
“Territorial Limits” shall mean the Republic of South Africa Namibia Botswana Lesotho
Swaziland Zimbabwe and Malawi
(xviii)
The expression “MA” means the Medicolegal Advisory which forms part of the cover provided
by this policy and is provided by GPLA. The MA assists the Insured with all matters relating
to complaints made against the insured to the Health Professional Council of South Africa.
(xix)
(xx)
(xxi)
The expression “Pollution” shall mean pollution or contamination of the atmosphere or of any
water, land or other tangible property.
“Vehicle” means any land Vehicle or trailer (including any machinery or apparatus attached
thereto) whether or not subject to Vehicle regulation and whether or not self-propelled.
The Expression “Product” shall mean any property after it has left the custody or control of
the Insured which has been designed, specified, formulated, manufactured, constructed,
installed, sold, supplied, distributed, treated, serviced, altered or repaired by or on behalf of
the Insured, but shall not mean food and drink supplied by or on behalf of the Insured
primarily to the Insured’s staff as a staff benefit (“Food and Drink”)
I M P O R T A N T
N O T I C E
Please read this Policy carefully to ensure that it is in accordance with your
requirements and that you understand its terms Exclusions and Conditions. The
Insurance Broker should be contacted immediately if any corrections are necessary.
Any enquiry or complaint you may have regarding your Policy may be addressed to the
Insurance Broker who arranged the Policy for you.

SCHEDULE
INSURED:
INSURERS:
National Insurers Limited
(Reg. Number 1952/001514/06)
POLICY NO:
SPECIALITY:
(AND NONE OTHER FOR THE PURPOSES OF
THIS INSURANCE)
LIMIT OF INDEMNITY: R and in the aggregate annually
DISCIPLINARY HEARING
COSTS: R250,000
PERIOD OF INSURANCE:
From:
To:
(both days inclusive)
plus any subsequent period for which the Insurers
agree to accept a renewal premium and as
subsequently endorsed hereon
RETROACTIVE DATE:
TERRITORIAL LIMITS:
Anywhere in the world but not in connection with
any business carried on by the Insured at or from
premises outside or any contract for the
performance of work outside the Republic of South
Africa, Namibia, Botswana, Lesotho, Swaziland,
Zimbabwe and Malawi.
PREMIUM: First: R
Annual:
R
Premiums are Inclusive of 14% VAT
BROKER:

1. PREAMBLE
The Insured named in the Certificate of Insurance made a part hereof having made to the
Insurer a Proposal which shall be the basis of this contract and having paid the Premium to the
Insurer, the Insurer will provide the insurance in accordance with this Policy during the Period of
Insurance or during any subsequent Period of Insurance for which the Insurer may accept
payment, subject to the terms Exclusions and Conditions contained herein or endorsed hereon.
2. OPERATIVE CLAUSES
A. LEGAL LIABILITY
The Insurer will indemnify the Insured against their legal Liability for damages (including
claimant’s costs and expenses) in excess of the amount of the Excess, but subject to the Limit
of Indemnity stated in the Certificate of Insurance, in respect of claims made against the
Insured during the Period of Insurance arising out of the conduct of the Practice within the
Territorial Limits by reason of:
2.1 BODILY INJURY OR DAMAGE
resulting from Professional Healthcare Services provided or which should have been
provided by or for the Insured,
Provided always that:
(i)
the claim is based on Professional Healthcare Services provided or which should
have been provided after the Retroactive Date shown in the Certificate of Insurance;
and
(ii) the claim is first made while this Policy and the Certificate of Insurance is in effect.
The Insurer will consider a claim to have been made on the date that the event claim or
circumstance was first reported to the Insurer.
2.2 NEGLIGENT ACT, ERROR OR OMISSION
whether actual or alleged (other than by the Insured), in the performance of the
professional duties of the Insured other than as provided for in 2.1 above.
2.3 LIABILITY FOLLOWING DISHONESTY
arising out of any dishonest or fraudulent act or omission on the part of any Employee,
Provided that:
(i)
no person committing or participating in or aiding or abetting such dishonest or
fraudulent act or omission shall be entitled to indemnity;
(ii) if the Insurer so requests the Insured shall take all reasonable steps to effect
recovery from the person committing or participating in or aiding or abetting such
dishonest or fraudulent act or omission or from the estate and/or the legal
representatives of such person;

(iii) the Insured shall report the dishonest or fraudulent act or omission to the Police
within 7 days of discovery of the dishonest or fraudulent act or omission;
(iv) the following shall be deducted from any amount which but for this sub-clause (iv)
would be payable under this insurance:
(a) any monies which but for such dishonest or fraudulent act or omission would be
due from the Insured to the person committing or participating in or aiding or
abetting such act or omission;
(b) any monies held by the Insured and belonging to such person which the
Insured is legally entitled to attach in settlement of any debts owing by such
employee;
(c) any monies recovered following action as described in 2.3 (ii) above.
(v) the Insurer shall not be liable for any claim arising from any dishonest or fraudulent
act or omission committed by:
(a) any person after the discovery by a partner or director in relation to that person
of reasonable cause for suspicion of fraud or dishonesty;
(b) any partner or director of the Insured.
2.4 DEFAMATION
arising out of defamatory statements, whether written or verbal, made by the Insured.
2.5 RUN-OFF
claims arising within 3 years from the termination of cover in terms of this Policy, out of
work performed during the Period of Insurance from the Retroactive Date reflected on the
individual Certificate of Insurance to the termination date of the Certificate of Insurance.
2.6 BREACH OF CONFIDENTIALITY
following unintentional breach of trust or unintentional breach of patient confidentiality.
B. PUBLIC LIABILITY ( If stated in the Certificate of Insurance to apply )
The Insurers will indemnify the Insured, other than as provided for in 2.1 above, against their
legal liability in excess of the amount of the Deductible, for claims arising out of:
(a)
(b)
accidental death, bodily injury, illness or disease of or to any person;
accidental loss of possession or control of or actual damage to property;
arising out of the conduct of the Practice within the Territorial Limits.
The Insurers shall not be liable under this insurance for claims arising out of:
(a)
the ownership, possession or use by or on behalf of the Insured of any motor
vehicle or trailer for which compulsory insurance is required by legislation, other
than claims :
(i)
caused by the use of any tool or plant forming part of or attached to or used
in connection with any motor vehicle or trailer;

(ii)
(iii)
arising beyond the limits of any carriageway or thoroughfare caused by the
loading or unloading of any motor vehicle or trailer;
arising out of any motor vehicle or trailer temporarily in the Insured's custody
or control for the purpose of parking;
(b)
(c)
(d)
liability for which compulsory insurance is required by legislation governing the use
of any motor vehicle or trailer;
the ownership, possession or use by or on behalf of the Insured of any aircraft,
watercraft or hovercraft;
damage to property owned, leased or hired or under hire purchase or on loan to
the Insured or otherwise in the Insured's care custody or control other than :
(i)
(ii)
premises (or the contents thereof) temporarily occupied by the Insured for
work therein, or other property temporarily in the Insured's possession for
work thereon (but no indemnity is granted for damage to that part of the
property on which the Insured is working and which arises out of such
work);
employees' and visitors' clothing and personal effects;
(e)
(f)
(iii) premises tenanted by the Insured, but only to the extent that the Insured
would be held liable in the absence of any specific agreement;
Pollution unless such Pollution was the direct result of a sudden, specific and
identifiable event occurring during the period of insurance and did not arise as a
result of the Insured’s failure to take reasonable precautions
or in connection with any Product.
C. EMPLOYERS LIABILITY
Notwithstanding anything to the contrary contained in Exclusions 7(a) 2 and 7(a) 5, the
indemnity granted by this policy extends to include claims arising out of Injury to any person
employed under a contract of service or apprenticeship with the Insured where such Injury
arises out of and in the course of the execution of such contract, subject to the Limit of
Indemnity and Deductible stated in the Certificate of Insurance.
PROVIDED ALWAYS THAT no indemnity shall be granted in respect of:
a) Liability for claims arising from illness or disease, or contributed to by prolonged exposure
to substances, factors or circumstances, peculiar to any particular employment or occupation.
b) Liability for claims arising out of asbestos or asbestos related disease of the respiratory
system, but this exclusion shall not apply to claims where the proximate or contributory cause is
not related to asbestos dust or fibres.
c) Amounts recoverable under any Workmen's Compensation Enactment.
4. (a) DEFENCE COSTS (and ancillary claims costs)
1 The Insured shall render at their own cost all such assistance as the Insurers may
require in order to investigate defend or settle any claim and shall arrange to be available
at their own cost for such interviews as may be required by the Insurers or any advisers
or legal representatives appointed by the Insurers.

2 The Insurers will pay any expenses incurred by the Insured (other than costs incurred in
endeavouring to effect recovery in accordance with proviso (ii) of Operative Clause 2.3
and excluding such costs mentioned in 4.1) in order to assist with the investigation
defence or settlement of any claim made against the Insured and the costs of
representation at any inquest, inquiry or other proceedings in respect of matters which
have a direct relevance to any claim made or which might be made against the Insured,
provided such claim or claims are the subject of indemnity by this Policy and the Insurers
prior written consent is obtained.
3 All costs, fees and expenses incurred by the Insurers or at their instance in the
investigation defence or settlement of any claim made against the Insured and the costs of
representation at any inquest, inquiry or other proceedings in respect of matters which
have a direct relevance to any claim made or which might be made against the Insured
shall be deemed to be costs, fees and expenses incurred by the Insured with the prior
consent of the Insurers.
4 Notwithstanding 4.3 above, the Insurers will in addition pay all fees for representation or
defence of the Insured with the Insurer’s written consent at an inquest or disciplinary
committee of the Health Professions Council or any other Statutory Body governing the
conduct of the Practice reflected on the individual Certificate of Insurance.
4. (b) CRIMINAL DEFENCE COSTS
The Insurers will pay costs incurred by the Insured with the Insurer's written consent in the
defence of any criminal proceedings brought against the Insured which are relative to
Professional Health Care Services where the allegations giving rise to such proceedings
have arisen in the course of the Insured's Professional Duties.
PROVIDED THAT
(a)
(b)
(c)
(d)
(e)
the circumstances giving rise to the proceedings could otherwise give rise to
indemnity under this insurance;
any subsequent action arising out of a proceeding notified hereunder shall be
deemed to be notified in accordance with Condition 8.4 (i)
for the purposes hereunder, “proceedings” includes an appeal against the
Outcome of any initial proceedings;
the Insurers shall not be liable hereunder for the payment of any fines, penalties,
vindictive or exemplary damages;
the Insurers’ liability hereunder shall be subject to the Limit stated in the Certificate
of Insurance.
5. CONTINUING COVER
If during the period of the Policy the Insured retires and/or permanently ceases to
practice, cover will continue for a maximum period of three years without any further
payment of premium to the Insurer save that where at the time the Insured retires or
ceases to practice he or she has been struck off the Register of the Medical Practitioners
or Register of the relevant Statutory Governing Body cover will cease from the date of
such striking off.
6. LIMIT OF INDEMNITY

In any one Period of Insurance the liability of the Insurer in respect of any one claim or
series of claims arising from the same original cause or source shall not exceed the Limit
of Indemnity specified in the Certificate of Insurance or any lesser applicable limit where
such lesser limit appears elsewhere in this Policy.
The total liability of the Insurer in respect of all claims in any Period of Insurance shall not
exceed the Limit of Indemnity specified in the Certificate of Insurance or any lesser
applicable limit where such lesser limit appears elsewhere in this Policy.
Where the Insurer is liable to indemnify more than one person/firm/Insured or body the
total amount of indemnity payable under this insurance shall not exceed the highest Limit
of Indemnity stated on any one individual Certificate of Insurance.
7 (a) EXCLUSIONS
The Insurers shall not be liable under this insurance for:
1. The excess except that this Exclusion shall not apply to costs and expenses incurred
with the Insurer’s consent;
2. Bodily Injury sustained by any Insured arising out of and in the course of his
employment by the Insured
3. Liability arising out of Bodily Injury to any other person unless arising out of failure to
perform a professional duty and other than as provided under Operative Clause B
4. Damage unless arising out of defective advice or specification or omission to
perform a professional duty;
5. Any claim arising from any breach of any obligation owed by the Insured as
employer to any employee or former employees
6. Any claim arising out of any circumstance:
(i)
(ii)
notified by the Insured under any insurance which was in force prior to the
inception of this Policy, or
known or which in the reasonable opinion of the Insurer ought to have
been known to the Insured at the inception or renewal of this Policy,
unless such circumstance has been declared to and accepted by the Insurer in
writing;
7. Any claim arising out of any act error or omission committed or alleged to have been
committed prior to the Retroactive Date stated in the individual Certificate of
Insurance;
8. Any contractual liability arising from:
(i)
(ii)
(iii)
the giving by the Insured (whether orally or in writing) of any warranty
guarantee or other contractual promise which increases the Insured’s
liability beyond that which would have applied in the absence of such
warranty guarantee or promise;
penalty clauses;
liquidated damages;

where such are given or accepted as part of the Insured’s terms of engagement unless
the Insured would have been liable in the absence of (i) (ii) or (iii) above or the Insurer
has approved the terms of engagement in writing;
9. Claims arising from or brought by a firm Insured or organisation in which any partner of
the Insured has a controlling interest;
10. Fines penalties punitive vindictive aggravated or exemplary damages or damages of like
nature;
11. Any fees claimed back by a client of the Insured or which have had to be refunded to a
patient of the Insured due to or allegedly due to non-performance of the Insured’s
contractual or other obligations to that patient;
12. Claims:
(i)
(ii)
(iii)
arising out of loss or damage sustained or alleged to have been sustained in the
USA or Canada or any territory within the jurisdiction of the courts of the USA or
Canada or any country applying the laws of the USA or Canada; or
made against the Insured in any court or arbitration within the USA or Canada or to
which the law of the USA or Canada applies; or
enforcing anywhere in the world any judgment order or award obtained under the
law of the USA or Canada and/or in any court or arbitration in the USA or Canada;
12. Any claim directly or indirectly caused by or contributed to by any dishonest fraudulent or
Criminal act or omission on the part of the Insured, other than as provided for in terms of
4 (b) Criminal Defence Costs;
14. Any claim arising from or in connection with any trading loss or trading liabilities incurred
by any firm Insured or organisation controlled by or managed by or carried on by the
Insured.
15. Any claim arising out of the insolvency of the Insured;
16. Any claim directly or indirectly arising from participation in or conduct of clinical tests or
trials of drugs not carried out in compliance with the terms of the Medicines Control
Act 101 of 1965.
17. Any claim arising from the performance of the activities of the Insured whilst under the
influence of intoxicants or narcotics excluding medication prescribed and/or administered
by a properly qualified doctor as well as any over the counter drugs which are being
taken at the time for recognised medical complaints or conditions;
18. Any liability directly or indirectly resulting from the rendering of plastic or cosmetic
surgery, unless otherwise stated in the Certificate of Insurance;
19. claims arising from any liability (including but not limited to an indirect or vicarious liability )
arising from the Insured’s participation in a business or professional venture that operates
independently of or is clearly distinguishable from the insured’s professional Practice as
stated in the Certificate of Insurance;
20. Claims arising from breach of contract unless such breach is a breach or alleged breach
of professional duty by the Insured or any other person upon whom the Insured has
placed reliance;
21. The costs of replacing or restoring documents;
22. Claims arising out of or as a consequence of the deliberate, conscious or intentional

disregard by the Insured of the need to take all reasonable precautions to prevent loss,
injury or damage.
7 (b) COMPUTER VIRUS EXCLUSION
Notwithstanding any provision of this Policy including any special Exclusion or extension or
other provision not included herein which would otherwise override a general Exclusion, this
Policy does not cover any legal liability of whatsoever nature directly or indirectly caused by or
contributed to by or consisting of or arising from the incapacity or failure of any computer,
correctly or at all, to capture, save, retain or to process any data as a result of the action of
any computer virus, or other corrupting, harmful or otherwise unauthorised code or instruction
including any trojan horse, time or logic bomb or worm or any other destructive code, media
or programme or interference.
A computer includes any computer, data processing equipment, microchip, integrated circuit
or similar device in computer or non-computer equipment or any computer software, tools,
operating system or any computer hardware or peripherals and the information or data
electronically or otherwise stored in or on any of the above, whether the property of the
Insured or not.
7 (c) WAR / TERRORISM EXCLUSION
The Insurers shall not be liable to indemnify the Insured in respect of claims directly or indirectly
caused by, resulting from, happening through or in connection with:
a) war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be
declared or not), civil war, mutiny, insurrection, rebellion, revolution, military or usurped
power;
b) Any action taken in controlling, preventing, suppressing or in any way relating to the
excluded situations in a) above, including, but not limited to, confiscation, nationalization,
damage to or destruction of property by or under the control of any Government or Public
or Local Authority;
c) any act of terrorism regardless of any other cause contributing concurrently or in any other
sequence
to the loss.
For the purpose of this Exclusion, terrorism means an act of violence or any act dangerous to
human life, tangible or intangible property or infrastructure with the intention or effect to influence
any government or to put the public or any section of the public in fear.
In any action suit or other proceedings where the Insurer alleges that by reason of this Exclusion
a loss is not covered by this insurance the burden of proving that such loss is covered shall be
upon the Insured.
7 (d) NUCLEAR EXCLUSION
(iii)
This Policy does not cover any legal liability, loss, damage, cost or expense whatsoever or any
consequential loss directly or indirectly caused by or contributed to by or arising from:
(i) ionising radiations or contamination by radio-activity from any nuclear fuel or from any
nuclear
waste from the combustion or use of nuclear fuel;
(ii) nuclear material, nuclear fission or fusion, nuclear radiation; nuclear explosives or any
nuclear
weapon;
nuclear waste in whatever form; regardless of any other cause or event contributing concurrently
or in any other sequence to the loss.
For the purpose of this Exclusion only, combustion shall include any self-sustaining process of

nuclear fission.
7 (e) ASBESTOS EXCLUSION
Notwithstanding any provision of this Policy including any Exclusion, exception or extension or other
provision which would otherwise override an Exclusion, this Policy does not cover any legal liability,
loss, damage, cost or expense whatsoever or any consequential loss directly or indirectly caused by,
arising out of, resulting from, in consequence of, in any way involving, or to the
extent contributed to by, the hazardous nature of asbestos in whatever form or quantity
8. CONDITIONS
8.1 DUE OBSERVANCE
The due observance of the terms Conditions and endorsements of this Policy by the Insured
and all persons comprising the Insured insofar as they relate to anything to be done or
complied with by the Insured and the truth of the statements and answers and information
supplied on or in connection with the Proposal shall be a condition precedent to any liability of
the Insurer to make any payment under this Policy.
8.2 MISREPRESENTATION AND FRAUD
This insurance, or any certificate attaching hereto, shall be voidable at the Insurer’s option if
the Insured has concealed or misrepresented any material fact or circumstance or has
committed any fraud or attempted fraud concerning this insurance or its subject matter
whether before or after loss.
8.3 CLAIMS (Duties owed by the Insured)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
If a Circumstance should exist or arise the Insured shall as soon as possible give
notice thereof to the Insurer in writing. Any claim or loss arising from such
Circumstance or event shall be deemed to have been made in the Period of
Insurance in which such notice has been given.
Every letter writ summons process or any other document relating to the claim or
Circumstance shall be immediately forwarded to the Insurer upon receipt by the
Insured.
The Insured shall give all such assistance as the Insurer may require but neither
the Insured nor the Insurer shall be required to contest any legal proceeding
unless Senior Counsel (or by mutual agreement between the Insured and the
Insurer a similar legal expert) shall advise that such proceedings could be
contested with a reasonable prospect of success.
The Insured shall if required by the Insurer attend all proceedings and assist the
Insurer in the giving of evidence and the attendance of witnesses. The Insured
shall bear their own costs and expenses incurred in complying with this Condition.
No admission offer promise payment waiver or indemnity or anything which could
be construed as such shall be made or given by or on behalf of the Insured without
the written consent of the Insurer
If the Insured makes any claim knowing it to be false as regards amount or
otherwise this Policy or any individual Certificate of Insurance shall become void
and all claims hereunder shall be forfeited.

8.4 CLAIMS (Insurer’s rights)
The Insurer may at its discretion at any stage of the proceedings take over and control the
legal representation of the Insured at any inquest inquiry or proceedings in any Court or
arbitration or mediation concerning any matter that has given or may give rise to a claim
hereunder and/or the defence and settlement of any claim. The Insurer shall conduct such
representation and defence and settlement of claims as it sees fit to do.
8.5 SUBROGATION
The Insurer shall be subrogated to all the Insured’s rights of recovery against any person or
organisation before or after any payment under this insurance. The Insured shall execute and
deliver instruments and papers and do whatever else is necessary to secure such rights. The
Insured shall do nothing to prejudice such rights. Any recovery made shall be applied first to
the
outstanding uninsured loss of the Insured and then to the Insurer’s outlay and then to the
Deductible in the absence of agreement to the contrary. It is agreed that the Insurer shall not
exercise such rights against any Employee of the Insured unless such claim has been brought
about or contributed to by the dishonest fraudulent criminal or malicious act or omission of the
Employee.
8.6 POLICY INTERPRETATION
Any dispute concerning the interpretation of this Policy shall be determined according to the
law of the Republic of South Africa whose courts shall have jurisdiction to the exclusion of the
courts of any other country.
8.7 NON CONTRIBUTION
If at any time of any occurrence or claim there is or would but for the existence of this Policy
be any other insurance applicable to such occurrence or claim the Insurer shall not be liable
under this Policy except to the extent of any excess beyond the amount payable under such
other insurance had this Policy not been effected.
8.8 POLICY AND CERTIFICATE
The Policy and Certificate of Insurance shall be read together as one contract and any word or
expression to which a specific meaning has been attached in any part of this Policy or Certificate
of Insurance shall bear such meaning wherever it may appear.
8.9 NOTICE
Whenever this Policy provides notice to be given to the Insurers such notice shall be given to:
GENERAL AND PROFESSIONAL LIABILITY ACCEPTANCES (PTY)LTD
Unit 104, Lincoln House, Epsom Downs Office Park, 13 Sloane St. Bryanston 2021
Tel: 011 706-0911 Fax: 011 706-0851
PO Box 2667, Fourways 2055