FIREARMS GUARDIAN POLICY WORDING

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 Insuresense 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.

“Insuresense” means Insuresense Consultants (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 Insuresense 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:

  1. to establish and verify Your identity in terms of the Applicable Laws.
  2. to enable Us to fulfil Our obligations in terms of this Policy.
  3. to enable Us to take the necessary measures to prevent any suspicious or fraudulent activity in terms of the Applicable Laws; and
  4. 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:

  1. Payment processing service providers, merchants, banks, and other persons that assist with the processing of Your payment instructions.
  2. Law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime.
  3. 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.
  4. Credit Bureau’s.
  5. 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
  6. 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.

 

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.
  • 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 Insuresense as soon as reasonably possible, but within 31 (thirty-one) days after the Insured Matter and submit all details to Insuresense which they may reasonably require.
  • On receipt of notification of an Insured Matter, Insuresense 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 Insuresense or those appointed by Insuresense.
  • Only legal practitioners appointed by Insuresense will be entitled to render services to You and You will authorise Insuresense, in terms of this Policy, to appoint such legal practitioners. Only Insuresense may terminate the mandate of such appointed practitioners. Insuresense 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 Insuresense 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 Insuresense 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 Insuresense. You will authorise Insuresense to have access to and receive copies of all privileged documents or information. You will further authorise Insuresense 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 Insuresense or their appointed legal practitioner. Any statements made by You without prior consultation with Insuresense or their appointed legal practitioner before making of such statements, shall not be binding on Us or Insuresense and the appointed legal practitioner, and You irrevocably indemnify Us, Insuresense, and the appointed legal practitioner of any liability of whatever nature resultant to such statements.
  • All Benefits are provided at the sole discretion of Insuresense 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 Insuresense and/or their appointed legal practitioner, or appoints Your own attorney, or uses alternative legal products, and/or, in the sole opinion of Insuresense 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 Insuresense, a reasonable settlement offer is submitted by Your opponent and is rejected by You, We or Insuresense 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 Insuresense 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 Insuresense 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 Insuresense 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 Insuresense 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 Insuresense regarding the claim and the Benefits which will be provided.
  • before the issuing of written confirmation of Our or Insuresense 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 Insuresense or the legal practitioners appointed by Insuresense.
  • where You misrepresented any facts or did not disclose to Insuresense, 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 Insuresense, prejudices Your prospects of success in the prosecution, defence, or settlement of the proceedings.
  • if, in Our or Insuresense’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 Insuresense, 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)
  • 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)
  • 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 Insuresense 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. However, with respect to legal assistance, You are covered under this policy in the instance of self-defence when You unintentionally find yourself in the aforesaid circumstances.
  • 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.

 

Firearm Liability Cover 

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 Insuresense 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 use of reasonable force to protect oneself or members of one’s family from bodily harm from the attack of an aggressor, if the defender has reason to believe that they are in a life-threatening situation.

 

What are You covered for?

The following Insured Matters are covered under this policy:

  1. Firearm Liability Cover.
  2. 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:

  • Hunting and sporting accidents.
  • Accidental discharge.
  • Self-defence.

 

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:

  1. 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.

 

  1. Administrative Assistance relating to:
  • Unfit declarations to possess a firearm.
    • Appeals against a declined firearm license application.
    • Situations with the furnishing of an approved license application by SAPS.

 

  1. Criminal Prosecution/Defence relating to:
    • Attempted murder.
    • Culpable Homicide.
    • Assault with the intention to cause grievous bodily harm.
    • Hunting related prosecutions.
    • Injury/loss/damage to persons or property resulting from the use of a firearm.
    • Shooting accidents on hunting trips, sport shooting events, or firearm training sessions.
    • 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.

 

  1. Specific transgressions in terms of the Firearms Control Act 60 of 2000 relating to:
    • Unlawful possession of a firearm.
    • If the Insured is aware that a person possesses a firearm illegally and fail to report this to the police.
    • Causing bodily injury to a person or damage to property by negligently using a firearm.
    • Discharging a firearm in a manner likely to injure or endanger the safety or property of any person.
    • 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.
    • Giving control of a firearm to a person whom the Insured knows, or ought to have known, to be mentally ill, or to be under the influence of a substance which has an intoxicating or a narcotic effect.
    • Pointing a firearm at another person without good cause.
    • Discharging a firearm in a built-up area or public place.
    • Failure to lock away a firearm which You have in Your possession in a prescribed safe, strong-room or device for the safekeeping.
    • Lost firearm owing to a failure to lock it away in a safe, strong-room or safekeeping device, or failure to take reasonable steps to prevent its loss or failure to keep the keys to the safe, strong-room or device in safe custody.
    • Giving possession of a firearm or ammunition to a person that is not licenced to possess such firearm or ammunition.
    • Failure to report a lost, stolen or destroyed firearm.
    • Carrying or storing a firearm in a firearm-free zone.
    • Deactivating of a firearm.
    • Carrying of a firearm in a public place.
    • Allowing any person to use their firearm while not under their immediate supervision, where it is safe to use the firearm and for a lawful purpose.
    • Using a firearm where it is not safe to do so.
    • Notification of address change.
    • Notification of any change concerning any information which was submitted in respect of the application for issuing of a licence.
    • Disposing of a firearm after cancellation of a licence.
    • Lost, stolen or defaced licences.
    • Production of licences and firearms for inspection.
    • Failure to comply with conditions of a firearm licence.
    • Failure to comply with any provision, direction or requirement of a notice issued under the Firearms Control Act.
    • Unlawful possession of ammunition.
    • Possessing an excessive number of cartridges.
    • Possessing more than the allowed number of primers.

 

  1. Civil Law matters related to the use of a firearm relating to:
    • Disputes relating to the purchase of firearms.
    • Firearms forming part of an Estate;
    • Damages consequent to the death or injury to a third party which occurs in connection with Your use of a firearm.
    • Loss of or damage to property, which occurs in connection with Your use of a firearm.
    • Civil claims arising out of unlawful or unlicensed hunting, with Your firearm by another person.
    • Shooting accidents during:
      • Hunting trips
      • Sport shooting events,
      • Firearm training sessions,
      • Practicing at shooting range, or
      • Normal handling of a firearm such as cleaning and setting up of a rifle. Insured Matters in respect of instructions to hunting safari packages.
    • Damage to hunting equipment.
    • Damage to hunting facilities.
    • Insured Matters in respect of instructions to Taxidermists.
    • Damage or loss of trophy at an arranged hunt or shoot/shooting expedition.
    • Insured Matters related to practising at a shooting range.
    • Insured Matters related to Your participation in sport shooting events.
    • Insured Matters related to Your engagement in firearm training.

 

  1. General Civil Law Matters
    • 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.
    • Unlawful arrest by SAPS and Metro Police.
    • Malpractice by doctors
    • Negligence in hospitals
    • Disputes with medical aid companies.
    • Consumer related legal Situations.
    • Guarantees and Warrantees.
    • Defective goods.
    • Disputes or complaints with insurance companies
    • Personal and bodily injuries
    • Situations with the neighbours.
    • Protection orders.

 

  1. 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:
    • Criminal prosecution relating to Motor Vehicle Accidents.
    • Drunken driving.
    • Reckless or Negligent Driving.
    • Culpable Homicide as a result of an accident.
    • 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)

 

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)

 

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:

 

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 Insuresense 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 Insuresense, 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 neighborhood.
  • 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.