Motor Act Policy
ACT MOTOR VEHICLE POLICY/CERTIFICATE OF INSURANCE
Provided premiums have actually been paid Credit Insurance Zimbabwe Limited (the Company) 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.
LIABILITY TO THIRD PARTIES
1.

SUBJECT to the limits of liability stated in this Policy the Company will indemnify the insured in the event of an accident c aused by or arising out of the use on a road as defined in this Policy of any Motor Vehicle or trailer described in the policy Schedule against all sums including Claimant’s costs and expenses which the insured shall become legally liable to pay in respect of:
(a)
(b)

death of or bodily injury to any person; and/or the destruction of or damage to any property

2.

The Company will pay all costs and expenses incurred with its written consent

3.

In terms of and subject to the limitations of and for the purposes of this Policy the Company will indemnify any person whom the insured may cause or permit to use such Motor Vehicle provided that:
(a)
(b)

such person is not entitled to indemnity under any other Policy such person shall as though he were the insured observe fulfill and be subject to the terms exceptions and conditions of this
Policy in so far as they apply

4.

In the event of the death of any person entitled to indemnity under this Policy the Company will in respect of the liability incu rred by such person indemnify his personal representatives in terms of and subject to the limitations of this Policy provided that such personal representatives shall as though they were the Insured observe fulfill and be subject to the terms exceptions and conditions of this Policy in so far as they apply

5.

The Company may at its own option arrange for representation at any Inquest or Fatal Inquiry in respect of any death which may be the subject of indemnity under this Policy and may undertake the defence of proceedings in any Court of First Instance in respect of any act or alleged offence causing or relating to any event which may be the subject of indemnity under this Policy

APPLICATIONS OF LIMITS OF INDEMNITY
In the event of any accident involving indemnity to more than one person any limitation by the terms of this Policy and/or an y Endorsement thereon of the amount of any indemnity shall apply to the aggregate amount of indemnity to all persons indemnified and such indemnity shall apply in priority to the insured.
LIMITATIONS AS TO USE
USE FOR SOCIAL DOMESTIC & PLEASURE PURPOSES
IF VEHICLE INSURED IS A CAR (PRIVATE TYPE) A TRUCK UP TO 1½ TONNES, A MOTOR CYCLE OR TRAILER
Use for business purposes excluding liability caused by the vehicle or trailer whilst it is being used for any purpose in connection with the Motor Trade or driving instruction of paying pupils (unless specifically stated on the Schedule/Certificate of Insurance as being included) or whilst let out on hire or as a taxi or plying for public or private hire or whilst being used for the carrying of fare-paying passengers, but where a trailer insured under this
Policy is attached to any mechanically propelled vehicle the “Description of Use” or the “Limitations as to Use” Clause as applicable to the Policy
Insuring the towing vehicle shall apply to this Policy
IF VEHICLE INSURED IS A COMMERCIAL VEHICLE
Use for the conveyance of own goods and for the conveyance of goods for reward
IF VEHICLE INSURED IS AN AGRICULTURAL TRACTOR
Use for agricultural work or operations incidental thereto including the conveyance of own goods for such purposes.
IF VEHICLE INSURED IS AN OMNIBUS OR COMMUTER OMNIBUS
Use as an omnibus plying for public and/or private hire
IF VEHICLE INSURED IS A TAXI
Use as a taxi for public and/or private hire
EXCLUDING
1.

Use for demonstration purposes racing speed contest pace-making any trials or speed testing or being driven in a match for a wager

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2.

Use for the conveyance of passengers or of any load in excess of that which the vehicle is licensed to carry

DEFINITIONS
1.

The expression “Road” shall in relation to any occurrence in Zimbabwe have the meaning as defined in the Road Traffic Act (Chapter
13:11) of Zimbabwe
2. In this Policy the expression “motor vehicle” shall include Trailers and in the case of a Motor Cycle be deemed to include a side-car attached 3. All sums of money mentioned herein are in the currency of United States of America.
LIMITS OF LIABILITY
The limits of liability applicable to this Policy are:a) liability in respect of death of or injury to persons being carried in or upon or entering or getting on to or alighting f rom any vehicle described in the Schedule:
(i)
(ii)
(iii)

forty thousand dollars in respect of any one such person killed or injured; or four hundred thousand dollars in respect of any one accident or series of accidents due to or arising out of the occurrence o f any one such event, where the vehicle concerned is a vehicle other than an omnibus or a commuter omnibus; or four million dollars in respect of any one accident or series of accidents due to or arising out of the occurrence of any one such event, where the motor vehicle concerned is an omnibus or a commuter omnibus

b) liability in respect of the destruction of or damage to any property:
(i)
(ii)

two hundred and fifty thousand dollars in respect of any one accident or series of accidents due to or arising out of the occurrence of any one event where the vehicle concerned is a vehicle other than a passenger public service vehicle or five hundred thousand dollars in respect of any one accident or series of accidents due to or arising out of the occurrence of any one event where the motor vehicle concerned is a passenger public service vehicle

c) any liability in respect of any one accident or series of accident due to or arising out of the occurrence of any one even t to an amount not exceeding:
(i)
(ii)

ten million dollars where the vehicle concerned is a vehicle other than an omnibus or a commuter omnibus; or twenty million dollars where the vehicle concerned is an omnibus or commuter omnibus
GENERAL EXCEPTIONS OF THE POLICY

Subject to the provisions of the Road Traffic Act (Chapter 13:11) of Zimbabwe the Company shall not be liable in respect of:
1.

Any claim arising whilst any motor vehicle described in the Schedule hereto is:
(a)

being used otherwise than in accordance with the “Limitations as to Use” contained in this Policy; or

(b) being driven by or is for the purpose of being driven by him in charge of any person unless such person holds a licence to drive such Vehicle in terms of the legislative provisions of Zimbabwe or if such a licence be subject to renewal has held and is not disqualified from holding or obtaining such licence; or holds a provisional driving licence referred to in the said legislative pro vision and is complying with the terms of the provision in relation to such licence and has attained the age required in the said legislative provisions; or
(c)
being driven by or is for the purpose of being driven by him in charge of any person who has been prohibited from driving in terms of the legislative provisions of Zimbabwe ; or
(d)
being driven by the insured while under the influence of alcohol or a drug to such an extent as to be incapable of having proper control of the vehicle or if the concentration of alcohol in the insured’s body is 80mg or more per 100ml of blood; or
(e)
being driven with the general consent of the insured by any person who to the insured’s knowledge is under the influence of alcohol or a drug to such an extent as to be incapable of having proper control of the vehicle or if the concentration of alc ohol in the insured’s body is 80mg or more per 100ml of blood
2.

Any claim arising out of any contractual liability

3.

Death arising out of and in the course of his employment of a person in the employment of the insured or in the employment of any such person who is indemnified under this Policy or bodily injury sustained by such person arising out of and in the course of employment.

4.

Any liability of whatsoever nature directly or indirectly caused by or contributed to or by or arising from ionizing radiatio ns or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. For the purpose of this exception combustion shall include any self-sustaining process of nuclear fission.

5.

Any liability directly or indirectly caused by or contributed to by or arising from nuclear weapons material.

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6.

Death of or injury to any person being a member of the same household as the insured.

7.

Damage to property belonging to held in trust by or in the custody or control of the insured or being conveyed by loaded on t o or unloaded from such vehicle

8.

Damage to any viaduct bridge or weighbridge or to any road and/or anything beneath by vibration or by the weight of such vehi cle or load carried by such vehicle.

GENERAL CONDITIONS
1.

notice shall be given in writing by the insured to the Company immediately upon the occurrence of any accident and in the event of a claim. Every letter claim summons and/or process shall be forwarded to the Company immediately on receipt by the insured. Not ice shall also be given in writing to the Company immediately the insured shall have knowledge of any impending prosecution in respect of any accident which may give rise to a claim under this Policy

2.

No admission offer promise or payment shall be made by the insured without the written consent of the Compan y which shall be entitled if it so desires to take over and conduct in the name of the insured the defence or settlement of any claim or to prosecute i n his name for its own benefit any claim for indemnity or damages or otherwise and shall have full discretion in the conduct of any proceedings or in settlement of any claim and the insured shall give all such information and assistance as the Company may require. If the Com pany shall make any payment in settlement of any claim and such payments includes any amount not covered by this Policy, the insured shall repay to the Company the amount not so covered.

3.

The insured shall take and cause to be taken all reasonable steps to avoid loss injury or damage and to maintain in efficient condition any
Motor Vehicle described in the Schedule hereto and the Company shall have at all times free and full access to examine such vehicle or any part thereof or any driver or employee of the insured.

4.

The Company may cancel this Policy by sending seven days’ notice by registered letter to the insured at his last known address and in such event will return to the insured the premium less the pro rata portion thereof for the period the Policy has been in force or the Policy may be cancelled by at any time by the insured on seven days’ notice and (provided no claim has arisen during the then current period of insurance) the insured shall be entitled to a return of the premium less premium at the Company’s short period rates for the time the
Policy has been in force.

5.

If at any time any claim arises under this Policy there is any existing insurance covering the same liability the Company shall not be liable to pay or contribute more than its rateable proportion of any compensation costs or expenses. Provided always that nothing in this Condition shall impose on the Company any liability from which but for this Condition it would have been relieved under the provisions of proviso (a) of paragraph 3 – Liability to Third Parties Section of this Policy

6.

The due observance and fulfilment of the terms and conditions of this Policy in so far as they relate to anything to be done or complied with by the insured shall be conditions precedent to any liability of the Company to make any payment under this Policy

7.

In the event of the Company being required to make any payment under this Policy in respect of the liability of any person which but for the provisions of the Road Traffic Act (Chapter 13:11) of Zimbabwe or any amendments thereof it would not have been required to make any sum so paid shall be recoverable by the Company from that person.

8.

The Company shall not be bound by any passing of the interest of the insured otherwise than by death or operation of law unle ss and until the Company shall by endorsement hereon declare the insurance to be continued.

9.

The indemnity shall not apply to judgements which in the first instance are delivered by or obtained from any court outside Zimbabwe.

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