COMMERCIAL POLICY DOCUMENT - Lexcorp

1 LEGAL ACCESS- POLICY WORDING COMMERCIAL LINES 1 COMMERCIAL POLICY DOCUMENT LEGAL ACCESS AMENDMENTS TO POLICY 0860 525 525 LEGAL ADVICE AND CLAIMS NOTIFICATION 0860 525 525 * OFFICE HOURS: MONDAY TO FRIDAY: 08H00 TO 17H00 LEGAL ACCESS- POLICY WORDING COMMERCIAL LINES 2 WELCOME TO SANTAM LEGAL ACCESS THANK YOU FOR CHOOSING THIS POLICY . YOU HAVE MADE THE RIGHT CHOICE. SINCE 1918, WE AT SANTAM HAVE BEEN BUILDING LONG-TERM RELATIONSHIPS WITH OUR CLIENTS, ALWAYS LOOKING FOR INNOVATIVE WAYS TO ADD VALUE TO OUR COMPREHENSIVE RANGE OF PRODUCTS. REALISING THAT THERE IS A NEED IN THE MARKET FOR ACCESS TO PROFESSIONAL LEGAL ADVICE AND COVER AT AN AFFORDABLE PRICE, LEGAL ACCESS WAS LAUNCHED. BACKED BY SANTAM LIMITED A COMPANY WITH ASSETS EXCEEDING R12, 5 BILLION AND MORE THAN 93 YEAR S EXPERIENCE IN THE INSURANCE INDUSTRY WE TRUST THAT LEGAL ACCESS WILL EMPOWER YOU, GIVING YOU THE SUPPORT YOU NEED TO STAND UP FOR YOUR RIGHTS.

2 LEGAL ACCESS- POLICY WORDING COMMERCIAL LINES 3 STEPS TO FOLLOW IF YOU REQUIRE LEGAL ADVICE OR WANT TO INSTITUTE A LEGAL CLAIM 1 Phone 0860 525 525 A legal advisor will answer your call. 2 Supply your POLICY number or Business Registration Number. If this is not available you may supply your Business trading name instead. 3 Explain your case to the legal advisor. The legal advisor will give advice and register a claim if necessary. If advice is all that is required the legal advisor will immediately supply this or will phone you back if further research is needed. 4 If a claim is registered you will be given a claim number, and the name and telephone number of a legal official who will monitor the case. The legal official will appoint an attorney and contact you with further details.

3 LEGAL ACCESS- POLICY WORDING COMMERCIAL LINES 4 QUESTIONS AND ANSWERS Who is covered under the POLICY ? The insured business, its owner, management or authorised employees, while acting on behalf of the insured business. If I have a legal problem, who can I contact for advice? Phone 0860 525 525. A legal advisor will assist you. If I receive a summons, what must I do? Phone 0860 525 525. A legal advisor will assist you. If I want to institute legal proceedings against someone, how do I go about it? Phone 0860 525 525. A legal advisor will assist you. May I make use of an attorney of my choice? NO, your case will be allocated to an accredited Firm of Attorneys on our panel, who will handle the matter as a specialist in accordance with specific terms and conditions.

4 This includes the use of a Table of Tariffs on legal costs and expenses that is consistent with the limit of indemnity as stated in your schedule. Will I be liable for any costs to the attorney? Santam will pay the attorney the full amount of its liability for legal costs and expenses subject to the tariff applicable at the time such costs and/ expenses are incurred. You will only be liable for the difference (if any) between our tariffs and that of the attorney, as well as legal fees and expenses that exceed the limit of indemnity as stated in your schedule. If I need legal advice, will I be able to get this free of charge? Yes, phone 0860 525 525. A legal advisor will assist you free of charge. LEGAL ACCESS- POLICY WORDING COMMERCIAL LINES 5 SANTAM LEGAL ACCESS POLICY WORDING Subject to the terms, exclusions, conditions (precedent or otherwise) and in consideration of and conditional upon the prior payment of the premium by or on behalf of the insured the company specified in the Schedule agrees to indemnify the insured in respect of the insured events occurring and notified to the company during the period of insurance up to the limits of indemnity stated in the schedule in accordance with the company s fixed structure of tariffs in respect of legal costs and expenses: INSURED OCCURRENCES An occurrence which leads to a civil legal action instituted by or against the insured as stated in the schedule.

5 An occurrence which leads to the prosecution of the insured or suspension of its licence over regulatory disputes. An occurrence which leads to a legal action against the insured in a labour court. An occurrence which is a subject of an Arbitration process resulting from a contractual dispute instituted by or against the insured as stated in the schedule The pursuance of legal action in connection with any of these Insured Occurrences must take place with the company s written consent. If this does not happen the company may reject the insured s claim. In addition to the above the company will arrange for legal advice to be given to the insured for legal issues related to the general conduct and requirements of a Small Medium and Micro Enterprise (SMME). Specific exclusions, conditions and provisions shall override general exclusions, conditions and provisions This POLICY together with its Schedules, Specifications, Sections and any endorsements thereto represent the contract between the company and the insured.

6 This POLICY together with its Schedules, Specifications, Sections and any endorsements thereto shall be read as one contract and any word or expression to which a specific meaning has been attached in any part thereof shall bear the same meaning wherever it may appear. The proposal and / or declaration made by the insured or on behalf of the insured will form the basis of this POLICY and be part thereof. LEGAL ACCESS- POLICY WORDING COMMERCIAL LINES 6 EXCLUSIONS This POLICY does not cover: A. Legal costs and expenses in respect of an occurrence which is in connection with the following: 1 Nuclear weapons material, ionising radiation or contamination by radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. Combustion includes any self-sustaining process of nuclear fission; 2 civil commotion, labour disturbances, riot, strike, lock-out or public disorder, or any act of activity which is calculated or directed to bring about any of the above; 3 war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not) or civil war; 4 mutiny, military rising, military or usurped power, martial law or state of siege, or any other event or cause which determines the proclamation or maintenance of martial law or state of siege; 5 insurrection, rebellion or revolution.

7 6 any act or attempted act (whether on behalf of any organisation, body or person, or group of persons) calculated or directed to overthrow or influence any State or Government, or any provincial, local or tribal authority with force, or by means of fear, terrorism or violence; 7 any act or attempted act calculated or directed to bring about loss or damage in order to further any political aim, objective or cause or to bring about any social or economic change, or in protest against any State or Government, or any provincial, local or tribal authority, or for the purpose of inspiring fear in the public, or any section thereof; 8 the act of any lawfully established authority in controlling, preventing, suppressing or in any other way dealing with any occurrence referred to in points to above; 9 any fund that has been established in terms of the War Damage Insurance and Compensations Act, 1976 (No.)

8 85 of 1976) or any similar Act operative in any of the Republics to which this POLICY applies; 10 liability assumed by agreement unless liability would have attached to the insured notwithstanding such agreement; 11 the use of a power-driven vehicle/water-craft/aircraft for racing; LEGAL ACCESS- POLICY WORDING COMMERCIAL LINES 7 12 a wrongful act committed by the insured which endangers the safety of the State, or which is aimed at overthrowing the Government; 13 indemnity which is in conflict with any act of parliament; 14 an action involving the company and/or the Underwriting Agency; 15 any vehicle belonging to or the responsibility of the insured which is involved in an accident and at the time of the accident is driven with the insured s express or implied permission by an employee who is to the insured s knowledge under the influence of intoxicating liquor or drugs, or whose blood alcohol concentration is to the insured s knowledge more than the legal limit, or who is not issued with a valid driver s licence to drive such vehicle; is driven by a person with owner and/or management s express or implied permission, but who is not issued with a valid driver s licence to drive such vehicle; the vehicle is not in a roadworthy condition; 16 a traffic offence for which an admission of guilt fine has been determined.

9 17 the recovery or payment of any excess in respect of motor vehicle insurance. If the company alleges that by reason of exclusions to there is no claim under this POLICY , the burden of proving the contrary shall rest on the insured. B. Legal costs and expenses for any actual or contemplated legal action outside the Republic of South Africa ; C. A course of action which pre-dates cover and relates to an occurrence that arose prior to inception; D. Legal costs and expenses if 1 the legal action is continued or defended in a way which differs from the advice of the attorney or advocate who represents the insured; 2 the insured does not give timely, proper instructions and complete information to its attorney or advocate.. LEGAL ACCESS- POLICY WORDING COMMERCIAL LINES 8 CONDITIONS Subject to the provisions of Section 55 of the Short Term Insurance Act No 53 of 1998 (as amended) 1.

10 Term of contract Monthly Policies The term of contract is initially the period from the inception date of the POLICY to the last day of the calendar month in which the inception date occurs. Thereafter the term of the contract is a period of one calendar month. Annual Policies The term of contract is the period from the inception date of the POLICY to the last day as stated in the Period of Insurance in the schedule. 2. Payment of premiums Annual POLICY Premium is payable on or before the inception date or renewal date whichever is applicable. The company shall not be obliged to accept premium tendered after 15 days from the inception date or renewal date whichever is applicable Monthly POLICY If the premium is not paid on the date that it was due to be paid as a result of payment having been stopped by the insured this POLICY will be cancelled at 24:00h midnight on the last date for which the premium was paid.