MOTOR VEHICLES EXTENDED INJURY COVERAGE

It is agreed and declared that Exclusion 3.21 of this Policy is deleted and replaced by the following

Personal Injury or Property damage arising out of the ownership, operation, possession or use by the Insured of any vehicle:

3.21.1   in respect of which there is required by Law to be in force compulsory liability Insurance.  Provided that this section 3.21.1 does not apply to vehicles whilst being operated or used as a tool of Trade

3.21.2   in respect of which there is required by Law to be in force compulsory liability insurance where:

(a)        Indemnity is provided by such compulsory liability insurance or by any other legislation relating to vehicles

(b)        a person is operating is in control of a vehicle where the facilities of such person at the time of the occurrence giving rise to Personal Injury are impaired by intoxicating liquor or a drug and the Insured knew or should have reasonably knew that the person driving or in control of the vehicle at the relevant time was or was to be under that influence.  Provided that this section 3.21.2 (b) shall not apply if the Insured did not give consents to the vehicles being used by a person so affected.

(c)        Indemnity would have been provided by such compulsory liability insurance or by any other legislation relating to vehicles;

(d)        The Insured has failed to register such vehicle or has failed to effect or renew or pay premium for such compulsory insurance.

The coverage afforded under this section 3.21.2 does not provide indemnity by way of insurance in excess of. In contribution with. Or in co-insurance with the indemnity afforded under compulsory liability insurance or other legislation relating to vehicles

Coverage provided within the terms of section 3.21.1 and 3.21.2 above is subject of in excess of Section 2 of PSAKBI policy or USD 1,000.00 whichever is higher Each and every claim and such deductible is inclusive of law costs and expenses.

Provided that clause 3.21.1 and 3.21.2 do not apply to:

3.21.3. Personal Injury where that compulsory liability insurance or statutory indemnity does not provide indemnity and the reason or reasons why that compulsory liability insurance or statutory indemnity does not provide indemnity does not involve a breach by the Insured of legislation relating to vehicles;

3.21.4. Property Damage arising out of and during the loading or unloading of goods to or from any Vehicle;

3.21.5. Property Damage caused by or arising from the operation or use of any Vehicle which is designed primarily for lifting, lowering, loading, unloading, while being operated or used by the Insured within the confines of the Insured’s premises;

3.21.6. Property Damage caused by or arising out of the use of:

3.21.6.1. any Vehicle whilst being used as a Tool of Trade;

3.21.6.2. plant forming part of the Insured’s vehicle being used as a tool operating at any worksite;

but excluding Property Damage caused by or arising whilst the Vehicle is transporting or carting goods.

Definition

“Tool of Trade” means the intended use of a vehicle whilst engaged on a work site

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