INTRODUCTION
This document sets out the general terms and conditions that apply to Your Policy and is referred to as the “Policy Wording.” Your “Policy” consists of this Policy Wording and the “Policy Schedule.” You must read the entire Policy to understand and appreciate its full meaning.
This is a legal contract
This Policy and the schedule are the contract between GENRIC Insurance Company Limited (GENRIC) and Yourself and any other person stated in the schedule. Any application or statement made by You or on Your behalf will form the basis of this Policy and be part thereof. In consideration of and upon receipt of the premium, We will indemnify You, subject to the terms, exclusions, and conditions of the Policy, against occurrences for which You are covered under the Policy that occurs during the period of insurance stated in the schedule.
Making things as clear as possible
The Policy is designed to avoid confusion. Any word that has been formally defined shall have that meaning wherever it appears in this Policy, for example, claim or insured matter. The Policy wording will always be the final authority in the event of any dispute around meaning or interpretation.
What are You covered for?
This Policy offers You and the Beneficiaries indemnification of:
- legal expenses arising from the utilisation of the Benefits listed in this document; and
- damages that You shall become liable to pay consequent to the death or injury to a third party, or loss or damage to property, which occurs in connection with Your use of the firearm of which You are the licenced owner.
GENERAL POLICY DEFINITIONS
These definitions apply throughout the policy. Please see the definitions specific to each section at the start of the section. “Benefits” means the Legal Services provided by Firearms Guardian and/or an appointed legal practitioner on behalf of Us to You, and the Liability Indemnification as set out herein. “Beneficiaries” means Your life-partner/spouse and 5 (five) biological or legally adopted children under the age of 25 (twenty-five) years who are unmarried, full-time students, and financially dependent on You. “Cancellation Date” means the date on which benefits payable under this Policy are no longer available to You. “Debit order date” means the date indicated by You as the preferred premium debit order or stop order payment deduction date. “Inception Date” or “Inception” means the date on which this Policy was entered into and the date of receipt of the first premium by You. “Firearms Guardian” means Firearms Guardian (Pty) Ltd, registration number 2016/167323/07, FSP47115. “Period of insurance” means any period since the inception date of the Policy and the expiry date of the Policy provided that Your premiums are up to date, and We have accepted and agreed on the cover for each period. “Policy” means this document together with the Policy schedule. “Policy Schedule(s)” means the Policy Schedule or Schedules annexed to this Policy Wording, including any other schedules which may, at any time hereafter, whether in substitution for or in addition to the existing Policy Schedules, be annexed to this Policy Wording. “Policy Wording” means this document, including the Benefits Schedule. “VAT” means Value Added Tax charged and levied in terms of the Value Added Tax Act, 1989 (Act No. 89 of 1989) as amended, at the prevailing rate, and any other indirect tax additionally imposed. “We, Us, Our” means GENRIC Insurance Company Limited, registration number 2005/037828/06. GENRIC is an authorised Financial Services Provider and licensed non-life Insurer. FSP: 43638. “You, Your, Yourself” means the Insured person and beneficiaries named in the Policy schedule.
GENERAL TERMS, CONDITIONS & EXCLUSIONS
Your responsibilities
Give Us accurate information
You must make sure that all the information You give Us about Yourself, and Your risk profile is accurate. This will include information about Your financial situation, such as insolvency. Incomplete or incorrect information could affect the validity of Your Policy and may result in Us voiding Your Policy. You must tell Us immediately of any material changes that may affect Your Policy and result in a claim. We will then have the right either to cancel the Policy or let it continue with new terms and conditions.
Misrepresentation and non-disclosure
Misrepresentation, misdescription, or non-disclosure in any material shall render this Policy void and You shall forfeit all Benefits. In granting You cover, We have relied upon the material statements and particulars in the application form together with its attachments and other information supplied. These statements, attachments, and information are the basis of cover and shall be considered incorporated and constituting part of this Policy. If We become entitled to void this Policy from inception or from the time of any variation in cover, We may at Our discretion maintain this Policy in full force but exclude the consequences of any claim relating to any matter which ought to have been disclosed before inception or any variation in cover.
Be aware of how We use this information
Please note that the information You give Us will be stored on databases and shared with other parties in the insurance industry to gather industry statistics, improve the quality of risk assessment and combat fraudulent claims. It is important to understand that this information will remain at the disposal of these parties, even after Your Policy with Us ends.
Other Insurance
If at the time of any event giving rise to a claim under this Policy, an insurance contract exists with any other Insurer covering You against the defined events, We shall be liable to make good, only a rateable proportion of the amount payable by or to You in respect of such event. If any such other insurance is subject to any condition of average, this Policy, if not already subject to any condition of average, shall be subject to average in like manner.
Cancelling the Policy
- You may cancel Your Policy at any time by giving 31 (thirty-one) days’ written notice to Firearms Guardian in which event Your entitlement to the Benefits in terms of this Policy will immediately terminate on the date of such cancellation and You shall have no claim or right to the completion of pending and/or partly heard insured matters.
- We have the right to cancel Your Policy at any time by giving You 31 (thirty-one) days’ written notice, in which event Your entitlement to the Benefits in terms of this Policy will immediately terminate on the date of such cancellation. Legal services already incurred and payable for the completion of pending and/or partly provided legal services, up to date of the cancellation, in respect of an Insured Matter occurring before such termination, shall be payable by Us.
- We reserve the right to cancel Your Policy with immediate effect should We find material facts that could influence Our ability to provide cover under this Policy such as misrepresentation or financial enrichment.
Notifying Us/You of any changes
You must notify Us as soon as possible if You become aware of any changes in the information You have provided to Us which happens before or during any period of insurance. All notifications must be made to Us in writing. Changes to the information You have provided could result in You having to pay an additional premium or Us amending the terms of Your insurance. We must give You 31 (thirty-one) days’ written notice if We would like to change Your Policy.
Processing and Protection of Personal Information
Your privacy is of the utmost importance to Us. We will take the necessary measures to ensure that all information, including Personal Information (as defined in the Protection of Personal Information Act 4 of 2013) provided by You or which is collected from You is processed following the provisions of the Protection of Personal Information Act 4 of 2013 and further, is stored safely and securely. You hereby agree to give honest, accurate, and up-to-date Personal Information and to maintain and update such information when necessary. You accept that Your Personal Information collected by Us may be used for the following reasons:
- to establish and verify Your identity in terms of the Applicable Laws.
- to enable Us to fulfil Our obligations in terms of this Policy.
- to enable Us to take the necessary measures to prevent any suspicious or fraudulent activity in terms of the Applicable Laws; and
- reporting to the relevant Regulatory Authority/Body, in terms of the Applicable Laws. We may share Your information for further processing with the following third parties, which third parties must keep Your Personal Information secure and confidential:
- Payment processing service providers, merchants, banks, and other persons that assist with the processing of Your payment instructions.
- Law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime.
- Regulatory authorities, industry ombudsmen, governmental departments, local and international tax authorities, and other persons that We, following the Applicable Laws, are required to share Your Personal Information with.
- Credit Bureau’s.
- Our service providers, agents, and sub-contractors that We have contracted with to offer and provide products and services to any Policyholder in respect of this Policy; and
- Persons to whom We cede Our rights or delegate Our authority to in terms of this Policy. You acknowledge that any Personal Information supplied to Us in terms of this Policy is provided according to the Applicable Laws. Unless consented to by Yourself, We will not sell, exchange, transfer, rent or otherwise make available Your Personal Information (such as name, address, email address, telephone or fax number) to any other parties and You indemnify Us from any claims resulting from disclosures made with Your consent. You understand that if We have utilised Your Personal Information contrary to the Applicable Laws, You have the right to lodge a complaint with Us within 10 (ten) days. Should We not resolve the complaint to Your satisfaction, You have the right to escalate the complaint to the Information Regulator. You also similarly give consent to the sharing of information in regards to past insurance policies and claims that you have made. You also acknowledge that information provided by yourself or your representative may be verified against any legally recognised sources or databases. By insuring or renewing your insurance you not only consent to such information sharing, but also relinquish any rights of confidentiality with regards to underwriting or claims information that you have provided or that has been provided by another person on your behalf. In the event of a claim, the information you have supplied with your application together with the information you supply in relation to the claim, will be included on the system and made available to other insurers participating in the prevention of fraudulent and any criminal behaviour or activity.
Pay Your premiums on time
Your premiums must reach Us on time. All premiums are payable in advance before Your Policy starts.
Policies paid monthly:
- All premiums are payable by monthly debit order or stop order in advance.
- The monthly debit order date can be chosen by You and will be indicated on Your Policy schedule.
- Should you miss a debit, it is your responsibility to contact us within 15 days of the scheduled debit date to arrange payment with us. Failure to do so will result in your cover being suspended for the remainder of the month. We can arrange for a forced debit not less than 15 days after the scheduled debit date or a double debit on the following scheduled debit date.
- If We re‐debit and only one debit are met, the premium that We receive will be used to clear the newest debt. There will be no cover for any unpaid period.
- If the premium remains unpaid after the second debit order or stop order deduction, the Policy shall be deemed to be cancelled from the last day of the month in which the premium was received and no further benefits will be provided to You as from that said last day of the month.
- If You cancel Your debit order or stop order deduction, Your Policy will be cancelled at midnight on the last day of the period for which the premium was received and no further debit will be called for.
- We will not be obliged to accept premium tendered to Us after the inception date or renewal date as the case may be but may do so upon such terms as We, at Our sole discretion, may determine.
- If there is a gap in cover created by non-payment of premiums, the waiting period will re-apply from that date where premiums are received again.
- You hereby request and authorise the deduction/withdrawal of the premium against Your bank account or salary if a stop order payment is selected by You to debit Your account or salary with the amount equivalent to the monthly premium and continuing until cancelled by You in writing. All such deductions against Your account or salary shall be treated as though You have signed and done them personally. If in the event of the day of the said deduction of the premium falls on a Sunday or recognised South African public holiday, the payment day will automatically be the preceding or next ordinary business day. Further, if there are insufficient funds in Your nominated bank account, the debit order system may track Your account and re-present the instruction for payment as soon as sufficient funds are available in Your account.
Policies paid as a single premium or annual premium:
- A policy that has a defined term and the premium for the entire term is paid before or at the inception of cover.
Who is covered under this Policy?
Any person who is listed as an insured on this Policy including Beneficiaries.
CLAIMS
How We compensate you
We do not pay interest
Although We strive to settle all claims promptly, We cannot be held responsible for any interest on an outstanding claim. We do not pay interest on any amount due by Us unless ordered to do so by a South African Court of Law.
We do not pay for fraud, dishonesty, misrepresentation, or willful acts
You will lose all rights to claim under this Policy if:
- a claim is fraudulent if You or anyone acting on Your behalf uses any fraudulent means to obtain any benefit under this Policy; or
- information or documents in support of a claim, whether created by You or on Your behalf, is not true, is not complete or is fraudulent; or
- the quantum of a claim is deliberately exaggerated by You or anyone acting on Your behalf.
How to claim
- If You are not married, only a partner who is engaged in a relationship of living together with You as a life-partner shall be entitled to the Benefits. In Legal proceedings brought by or contemplated against You by other Insureds and where the Insureds who are parties to the proceedings, are members of the same household, only the Insured in whose name the Policy is issued will be entitled to the Benefits.
- On the occurrence of an Insured Matter which may result in a claim under this Policy, You must, at Your own expense, give notice thereof to Firearms Guardian as soon as reasonably possible, but within 31 (thirty-one) days after the Insured Matter and submit all details to Firearms Guardian which they may reasonably require.
- On receipt of notification of an Insured Matter, Firearms Guardian will, at their sole discretion and subject to the terms of this Policy, determine the nature, extent, and procedures of all legal services covered in terms of this Policy and We will be entitled to conduct such legal services using the appointed legal resources and practitioners of Firearms Guardian or those appointed by Firearms Guardian.
- Only legal practitioners appointed by Firearms Guardian will be entitled to render services to You and You will authorise Firearms Guardian, in terms of this Policy, to appoint such legal practitioners. Only Firearms Guardian may terminate the mandate of such appointed practitioners. Firearms Guardian or Ourselves will not be liable for any fees directly or indirectly incurred by You for payment of bail monies where You, on Your own accord contracted the services of a legal practitioner and Firearms Guardian and/or We shall not be compelled, at any stage of such proceedings, to take over any such cases.
- You will grant power of attorney to Firearms Guardian to obtain any document or information pertaining to the provision of legal service. All or any privilege that emanates between You and the appointed legal practitioner will include Firearms Guardian. You will authorise Firearms Guardian to have access to and receive copies of all privileged documents or information. You will further authorise Firearms Guardian and/or the appointed legal practitioner to exchange privileged documents and information to provide legal services to You.
- You may not make any confessions or admissions or accept liability in any matter in respect of which the Legal Services are provided, before consulting with Firearms Guardian or their appointed legal practitioner. Any statements made by You without prior consultation with Firearms Guardian or their appointed legal practitioner before making of such statements, shall not be binding on Us or Firearms Guardian and the appointed legal practitioner, and You irrevocably indemnify Us, Firearms Guardian, and the appointed legal practitioner of any liability of whatever nature resultant to such statements.
- All Benefits are provided at the sole discretion of Firearms Guardian and subject to the terms of this Policy and any of the legal services may be provided on a contingency basis. If You do not accept the advice of Firearms Guardian and/or their appointed legal practitioner, or appoints Your own attorney, or uses alternative legal products, and/or, in the sole opinion of Firearms Guardian or their appointed legal practitioner, regarding any matter to be adjudicated in terms of this Policy, there is no reasonable prospect of success, or where, in the sole opinion of Firearms Guardian, a reasonable settlement offer is submitted by Your opponent and is rejected by You, We or Firearms Guardian in these instances will not be liable to provide or render any further Benefits under this Policy.
- You shall not be entitled to any Benefits under this Policy if You do not comply with any of the Claim conditions and procedures as set out in this Policy. Where the Firearms Guardian appointed attorney conducts a matter on a contingency fee basis and You, at any stage of the proceedings regarding such matter, terminate this Policy and/or the services of that attorney, You will be liable for the attorney’s fees on a scale attorney-client and it is agreed that the amount as set out in the attorney’s taxed account will be a liquid amount for purposes of summary judgement in this regard.
- We and Firearms Guardian do not provide sureties of whatever kind. Where legal costs are awarded or settled in Your favour, that amount of costs is payable immediately and on-demand to Firearms Guardian and it is further agreed that the amount as set out in the court order will be a liquid amount for purposes of summary judgement. We reserve the right to off-set such awarded/settled costs against any Benefits paid by Us. We or Firearms Guardian will not be liable to provide any Benefits in the following instances:
- any claim where You act without the consent of or contrary to the advice of Us or Firearms Guardian regarding the claim and the Benefits which will be provided.
- before the issuing of written confirmation of Our or Firearms Guardian that the claim has been accepted.
- where You fail to give proper instructions and/or assistance regarding the claim within a reasonable time to Us or Firearms Guardian or the legal practitioners appointed by Firearms Guardian.
- where You misrepresented any facts or did not disclose to Firearms Guardian, We, or the appointed legal practitioner all facts relevant to a claim.
- where You are responsible for anything which, in the reasonable opinion of Us or Firearms Guardian, prejudices Your prospects of success in the prosecution, defence, or settlement of the proceedings.
- if, in Our or Firearms Guardian’s sole opinion, regarding any matter to be adjudicated in terms of this Policy, there is no reasonable prospect of success, or where, in the sole opinion of Firearms Guardian, a reasonable settlement offer is submitted by the opponent and is rejected by You.
- any Legal expenses reached per case/claim which is above the cover limits noted below:
- Option A: R100,000 (one hundred thousand rand)
- Option B: R300,000 (three hundred thousand rand)
- Option C R400,000.00 (four hundred thousand rand)
- any Liability expenses reached per annum which is above the cover limits noted below
- Option A: R100,000 (one hundred thousand rand)
- Option B: R300,000 (three hundred thousand rand)
- Option C R400,000.00 (four hundred thousand rand)
- any claim lodged after the Period of Insurance.
- in any matter, where You proceed with litigation or representative services, after having terminated the litigation and representative services received from Firearms Guardian in terms of a previous claim instituted by You in respect of the same Insured Matter.
COMPLAINTS PROCEDURE
How to resolve a complaint or dispute
We aim to ensure that all aspects of Your insurance are dealt with promptly, efficiently, and fairly. At all times We are committed to providing You with the highest standard of service. If You have any questions or concerns about Your Policy or the handling of a claim You should provide Us with Your concerns or questions in writing to:
Complaints Department
Tel: 086 144 4462
Fax: 086 685 0357
Email: complaints@genric.co.za Please visit Our website or contact Our offices for Our Complaints Resolution Policy. If We repudiate or dispute Your claim or the quantum of the claim, We will inform You of this in writing. After We inform You of Our decision on a claim, We will allow You 90 (ninety) days to make representations to Us about Our decision. If We do not compensate You for a claim or a part of it, and You want to contest Our decision, You must do so in writing and outline Your reasons for the dispute and submit the same to the Complaints Department. If You do not agree with the outcome of the appeal, You are afforded an additional 6 (six) months in addition to the 90 (ninety) days to take legal action. Should You not enforce these rights Your claim will be deemed prescribed/abandoned. Further information about Our complaint and dispute resolution procedures is available by contacting Us.
Time limits that affect Your claim
Don’t miss these key deadlines
31 days
Tell Us about any event that may lead to a claim, as soon as possible, but within 31 days after the Insured Matter. Give Us all the relevant details.
90 days
If We formally reject or dispute a claim, You have 90 days to appeal this decision with Us from the date You received Our rejection or disputes.
180 days
If We maintain Our rejection, You have a further 180 days to start any legal action against Us.
365 days
Your claim will no longer be valid after 365 days unless You have started legal action against Us, or the claim concerns Your legal liability towards a third party. If You do not act within these time limits, Your right to the settlement of the claim will lapse.
Other important points to note
Jurisdiction
Legal Services are provided only in respect of matters that fall within the jurisdiction of South African Courts and where South African Law applies. This document, together with proof of payment of the premium, constitutes an alternative to a tax invoice, debit note, or credit note as contemplated in sections 20(7) and 21(5) of the Value Added Tax Act N0 89 of 1991. All sums insured and premiums are inclusive of VAT at 15%.
South African law applies
This Policy is subject to South African Law.
Keeping within the law
If any of the terms or conditions of this Policy are in breach of existing legislation, they will be amended so that they comply with the law.
GENERAL EXCLUSIONS
Riots, public disorder, terrorism
Generally, this refers to loss or damage to property, death or bodily injury or liability directly or indirectly related to or caused by riots, political acts, war, public disorder, terrorism, or any attempted act of this kind for which We cannot reasonably be held responsible. They include:
- Civil commotion, labour disturbances, riot, strike, lockout or public disorder, or any act or activity which is calculated or directed to bring about any of the foregoing.War, invasion, an act of a foreign enemy, hostilities, or warlike operations (whether war be declared or not), or civil war.
- Mutiny, military uprising, 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, insurrection, rebellion, or revolution.
- 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 using fear, terrorism, or violence.
- Any act or attempted act which is calculated or directed to bring about loss or damage or bodily injury, 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 inspiring fear in the public, or any section thereof.
- The act of any lawfully established authority in controlling, preventing, suppressing, or in any other way dealing with any occurrence referred to above.
- Any act of terrorism. An act of terrorism means the use of threat or violence or force for political, religious, personal, or ideological reasons. This may or may not include an activity that is harmful to human life. It could be committed by any person or group of persons, acting alone, on behalf of, or with any organisation or government. It includes any act committed with the intention to influence any government or inspire fear in the public.
Dekking Vir Vuurwapenaanspreeklikheid
Definitions
- “Accident” means an unforeseeable, sudden and unexpected turn of events that occur at an identifiable time and place causing loss of value, injury and the increase of liabilities.
- “Accidental Discharge” means the firing of a firearm at a time when the Insured does not intend to fire the firearm.
- “Beneficiaries” means the Insured’s life-partner or spouse and 5 (five) of their biological or legally adopted children under the age of 25 (twenty-five) years who are unmarried, full-time students and financially dependent on the Insured.
- “Firearm” means a weapon, other than a fully automatic weapon, from which a projectile is discharged by gunpowder or by the pressure of compressed air. A firearm possessed by the Insured per any applicable law.
- “Intentional Act” means an act that is done deliberately with conscious design.
- “Legal Services” means the proceedings and/or services provided by Firearms Guardian and/or an appointed legal practitioner arising from any of the Insured Matters.
- “Insured Matters” means matters as set out herein as Insured Matters and includes accident, including continuous or repeated exposure to conditions that result in injury, and/or property damage neither expected nor intended by You. All injury and/or property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one Insured Matter. For this Policy an act of Self-defense is also considered an Insured Matter.
- “Litigation Law” refers to the rules and practices involved in resolving disputes in the South African judicial system.
- “SAPS” means the South African Policy Service.
- “Self-defence” means the application of reasonable force when using Your firearm, by You or any of the Beneficiaries, to protect Yourselves from bodily harm from the unlawful attack of an aggressor, if You or the Beneficiaries have reason to believe that the unlawful attack is life-threatening. Self-defence is further extended to include the application of reasonable force, by You or any of the Beneficiaries, to protect Your property from damage from the unlawful attack of an aggressor.
What are You covered for?
The following Insured Matters are covered under this policy:
A. Firearm Liability Cover.
B. Firearm Legal Assistance Cover.
The benefits covered are limited to those incidents/events relating to Your ownership, possession and/or use of Your licensed firearm.
A. Firearm Liability Cover
Subject to the Policy terms and conditions, You are covered for damages or liability that You shall become liable to pay consequent to the death of, or bodily injury to, a third party, or loss or damage to tangible movable or immovable property, due to an Insured Matter which occurs in connection with Your use of the firearm of which You are the licenced owner, and which results in a claim under this Policy. You are covered in respect of all uses of Your firearm, including:
- Ongelukke tydens jagtogte, georganiseerde sportskietgeleenthede en vuurwapenopleidingsessies.
- Toevallige / onbeplande afvuur van die wapen.
- Ter selfverdediging.
B. Firearm Legal Assistance Cover
We shall indemnify You for legal expenses incurred in respect of legal services, including legal advice, legal representation and litigation services, pertaining to the following and subject to the Policy terms and conditions:
- General matters relating to:
- Administrative assistance related to a firearm license.
- Civil claims instituted by and against You.
- Criminal prosecution against You regarding the Insured Matters as set out below.
- Administratiewe hulp met betrekking tot:
- Unfit declarations to possess a firearm in terms of section 102 of the Firearms Control Act – Limited to the section 102 administrative proceedings and appeals to the Appeal Board, excluding review proceedings in Court.
- Appèl teen 'n afgekeurde vuurwapenlisensie-aansoek.
- Problems with the furnishing of a firearm licence card (related to an approved license application) by the SAPS.
- Assistance regarding the delay by the SAPS to provide a final decision in respect of a firearm licence application, limited to a maximum of R3 000 per case
- Criminal Prosecution/Defence relating to:
- Moord.
- Poging tot moord.
- Strafbare manslag.
- Assault.
- Aanranding met die doel om ernstig te beseer.
- Jagverwante vervolgings.
- Besering/skade aan persone of eiendom wat uit die gebruik van ’n vuurwapen voortspruit.
- Skietongelukke tydens jagtogte/sportskietgeleenthede/vuurwapen-opleidingsessies, ens.
- Bail applications relating to an Insured Matter.
- Bail payments up to R3,000 relating to an Insured Matter.
- Appeals in respect of all firearm-related prosecutions.
- Specific transgressions in terms of the Firearms Control Act 60 of 2000 relating to:
- Die onwettige besit van ’n vuurwapen.
- If the Insured is aware that a person possesses a firearm illegally and fail to report this to the police.
- Die veroorsaking van liggaamlike leed aan ’n persoon deur ’n vuurwapen op nalatige wyse te gebruik.
- Die afvuur van ’n vuurwapen op ’n wyse wat waarskynlik ’n persoon kan beseer of eiendom kan beskadig.
- Having control over a loaded firearm in circumstances where it creates a risk to the safety or property of another and not to take reasonable precautions to avoid the danger.
- Om beheer oor ’n vuurwapen te gee aan ’n persoon, wetende dat dié persoon geestelik siek is of onder die invloed is van ’n middel wat ‘n bedwelmende of ’n verdowende invloed het.
- Die rig van ’n vuurwapen op ’n ander persoon sonder goeie rede.
- Die afvuur van vuurwapen in ’n beboude gebied of openbare plek.
- Die versuim om ‘n vuurwapen in ’n voorgeskrewe kluis, brandkamer of toestel vir veilige bewaring weg te sluit.
- Die verlies van ’n vuurwapen weens die versuim om dit in ’n kluis, brandkamer of toestel vir veilige bewaring weg te sluit, of weens die versuim om redelike stappe te doen om die verlies daarvan te verhoed, of weens die versuim om die sleutels van die kluis, brandkamer of toestel in veilige bewaring te hou.
- Eienaarskap van ‘n vuurwapen of ammunisie gee aan ’n persoon wat nie gemagtig is om so ’n vuurwapen of ammunisie te besit nie.
- Die versuim om ’n verlore, gesteelde of vernietigde vuurwapen by die SAPD aan te meld.
- Die dra of stoor van ’n vuurwapen in ’n vuurwapenvrye sone.
- Die deaktivering van ’n vuurwapen.
- Die dra van ’n vuurwapen in ’n openbare plek.
- Om enige persoon toe te laat om hul vuurwapen te gebruik terwyl dit nie onder hul onmiddellike toesig is nie, waar dit veilig is om die vuurwapen te gebruik en vir 'n wettige doel.
- Om ’n vuurwapen te gebruik waar dit nie veilig is om só te doen nie.
- Kennisgewing van adresverandering.
- Kennisgewing van enige veranderinge met betrekking tot enige inligting wat ingedien is ten opsigte van die vuurwapen lisensie aansoek.
- Ontslae raak van ’n vuurwapen nadat ’n lisensie gekanselleer is.
- Verlore, gesteelde of beskadigde lisensies.
- Beskikbaarstelling van lisensies en vuurwapens vir inspeksie.
- Die versuim om aan die voorwaardes van ’n lisensie te voldoen.
- Die versuim om te voldoen aan enige voorwaarde, voorligting of vereiste wat ingevolge die Wet op Vuurwapenbeheer uitgereik is.
- Die onwettige besit van ammunisie.
- Die besit van buitensporige hoeveelhede patrone.
- Die besit van meer as die toegelate getal ontstekers.
- Civil Law matters related to the use of a firearm relating to:
- Geskille wat met die aankoop van ‘n vuurwapen verband hou.
- Firearms forming part of an Estate;
- Skadevergoedingseis weens die dood of besering van ’n derde party veroorsaak deur die gebruik van jou vuurwapen.
- Verlies van of skade aan eiendom deur gebruik van jou vuurwapen.
- Siviele eise wat voortspruit uit onwettige of ongelisensieerde jag met jou vuurwapen.
- Skietongelukke tydens:
- Jagtogte
- Sportskietgeleenthede,
- Vuurwapenopleidingsessies,
- Oefen op skietbaan, of
- Normale hantering van 'n vuurwapen soos skoonmaak en opstel van 'n geweer. Versekerde Aangeleenthede ten opsigte van instruksies vir jagsafari-pakkette.
- Skade aan jagtoerusting.
- Skade aan jagfasiliteite
- Probleme met betrekking tot taksidermie.
- Skade aan of verlies van die trofee tydens ’n gereëlde jagekspedisie
- Aangeleenthede wat verband hou met skietoefeninge by skietbane.
- Insured Matters related to Your participation in sport shooting events.
- Insured Matters related to Your engagement in firearm training.
- Algemene sivielregtelike aangeleenthede
- In addition to the civil law matters mentioned in 5 above, the You are also covered for the legal expenses in respect of the following civil law matters: Drafting of legal opinions.
- Onwettige arrestasie deur die SAPD en metropolisie.
- Malpractice by doctors
- Negligence in hospitals
- Dispute met mediese skemas.
- Verbruikersverwante regsprobleme.
- Waarborge.
- Defektiewe goedere.
- Probleme met versekeringsmaatskappye
- Persoonlike en liggaamlike beserings
- Probleme met bure.
- Beskermingsbevele.
- Motor Related Matters Limited to the use of a vehicle for purposes of hunting, firearm training, sport shooting and emergencies related to the use of a firearm:
- Strafregtelike vervolging met betrekking tot Motorvoertuigongelukke.
- Dronkbestuur.
- Roekelose of nalatige bestuur.
- Strafbare manslag weens ’n ongeluk.
- RAF (Road Accident Fund) Claims.
Limit of Liability
A. Firearm Liability Cover
In the event that the outcome of the legal matter in which we have defended You is being ruled against You, We will only cover You up to the limit of liability as stated below per annum, irrespective of the number of claims You have lodged.
- Option A R100,000.00 (one hundred thousand rand)
- Option B R300,000.00 (three hundred thousand rand)
- Option C R300,000.00 (three hundred thousand rand)
B. Firearm Legal Assistance Cover
Our liability in respect of any Benefits, proceeding or series of services, depending on Your chosen option, is limited to the amount provided per any one case/claim, and which reflects in Your policy schedule.
- Option A R100,000.00 (one hundred thousand rand)
- Option B R300,000.00 (three hundred thousand rand)
- Option C R400,000.00 (four hundred thousand rand) Where civil litigation and criminal prosecution is instituted in respect of one and the same incident, You are only entitled to the cover limit for one case/claim.
Withdrawal of a claim
In any matter, where We provide litigation and representation services in terms of this Policy on Your behalf and You instruct Us to stop litigation and representation services in that matter before finalisation thereof, then We will not be liable to provide further litigation or representation services in that same matter.
Waiting Period
This Policy commences on the inception date and from such date, You are immediately entitled to legal advice.
Legal Advice:
- There is no waiting period on this benefit, You are immediately entitled to legal advice from inception of the Policy.
Legal Assistance:
- Insured Matters about personal capacity: Legal representation and litigation services: You are entitled to representation and litigation services where the cause or grounds of a claim arose after 1 (one) month of continuous and uninterrupted duration of this Policy, including the successful collection of 1 (one) premium.
- Legal disputes in respect of agreements: You are entitled to legal assistance in respect of agreements that came into effect after 1 (one) month of continuous and uninterrupted duration of this Policy and the successful collection of 1 (one) premium.
Liability Cover:
- You can only institute a claim in respect of the Liability Cover after 3 (three) months of continuous and uninterrupted duration of this policy and only for Insured Matters where the cause or grounds of a claim arose after the expiration of the 3-month waiting period.
POLICY SPECIFIC EXCLUSIONS
In respect of the Legal Assistance Cover as well as the Liability Cover, this Policy excludes:
- Claims instituted after 31 days from the date of the occurrence of an Insured Matter or the occurrence of the cause or grounds of action in respect of that Insured Matter, or after 31 days from the date on which You became aware of such occurrence or a claim against You that falls within the ambit of an Insured Matter.
- All matters not specifically included as Insured Matters.
- Insured Matters that occurred outside the borders of Republic of South Africa.
- All legal actions, whether actual or contemplated, brought against the Insurer and/or Firearms Guardian by You and/or Your Beneficiaries.
- All legal actions, whether actual or contemplated, instituted against You by the Beneficiaries.
- In legal actions, whether actual or contemplated, instituted against You by the Beneficiaries, only you are entitled to the benefits in terms of this policy.
- Claims directly or indirectly arising from You or Your Beneficiaries discharging a firearm under the following circumstances:
- Suicide,
- Attempted suicide,
- Intentional self-injury. In respect of the Legal Assistance Cover, this Policy further excludes:
- The payment of any fine, penalty, tax, levy, any witness fee, any costs pertaining to expert witnesses and expert witness reports, travelling or subsistence costs, any payment or reimbursement of money to the Insured of whatever nature, including costs and expenses in respect of services under this Policy provided on a contingency fee basis.
- Indemnification against payment of claims or damages awarded against You in legal proceedings.
- Any order in legal proceedings, made in respect of legal expenses, in favour of Your opponent in such proceedings.
- Insured Matters that occurred outside the borders of Republic of South Africa.
- Litigation and representation services regarding events or circumstances which had commenced or occurred or where the cause or grounds of action in respect of those events or circumstances arose before the inception of the Policy or within the Waiting Periods as well as agreements that were entered into by the Insured before the inception date of this Policy or within the 3-month Waiting Period.
- Matters related to the operating of Your business trade or profession.
- Matters related to the professional sporting activities of the Insured.
- Any matter related to the ownership, possession and/or use of a firearm of which You are not the licenced owner.
- Legal Services that are purely administrative in nature.
- Any Matters relating to:
- Use of an unlicenced firearm.
- Firearm licence applications submitted to the SAPS before the inception of this policy.
- Loss of or damage to any vehicle as a result of an accident.
- Events that are, in the sole opinion of Firearms Guardian, trivial and / or should be adjudicated in the small claims Court.
- Protection orders regarding disputes between the Insured and any of the Beneficiaries. In respect of the Firearm Liability Cover, this Policy further excludes any loss or damage caused by:
- The use of the firearm whilst under the influence of alcohol or drugs.
- The use of an unlicensed firearm.
- Any deliberate/intentional unlawful use of a firearm.
- The playful use of a firearm.
- The use of Your firearm by a person other than Yourself or Your beneficiaries.
- Any loss or damage caused in respect of the killing or injury of an animal, by You, other than the animal that You contracted to hunt on a hunting trip.
- Use of a firearm whilst You act as a security officer or providing protection, of whatever nature, on an ad-hoc basis to persons or property, whether remunerated for it or not, excluding the patrolling of Your own neighbourhood.
- Events, proceedings or circumstances, which forms the basis of a claim, which had commenced or occurred or where the cause or grounds of action in respect of those events or circumstances arose before the inception of the Policy or within the 3-month Waiting Period.
Additional Value-Added Services:
(This is a Value-added service, and costs will be for Your account)
- Conveyancing We will negotiate a discount on attorney’s transfer fees of up to 40% when one of the conveyancers in our network is used by the transacting parties.
- Winding up of deceased estates We will negotiate a discount of up to 50% on executor’s fees.