Subject to the limits of liability stated in the schedule, the company will indemnify the Insured against sums, including claimant costs and expenses, which the Insured becomes legally liable to pay in respect of death, bodily injury, or damage to property caused by or arising out of the use, loading, or unloading of the vehicle described in the schedule.
The Company shall not be liable for death, injury, or damage caused beyond the limits of any carriageway or thoroughfare in connection with loading or unloading; injury to employees arising out of employment; injury to certain passengers; damage to property belonging to or controlled by the Insured; damage to bridges, weigh-bridges, roads, or structures caused by vibration or vehicle weight; damage caused by sparks, ashes, or explosion of the fuel storage tank; or death or injury arising from such explosion unless connected with highway use.
The Company will pay costs and expenses incurred with its written consent. Subject to the policy limitations, the Company may indemnify an authorized driver, provided that the driver is not entitled to indemnity under another policy and observes the terms, exceptions, and conditions of this policy.
In the event of the death of a person entitled to indemnity, the Company may indemnify that person's personal representatives subject to the same terms and limitations. The Company may arrange representation at any inquest or fatal inquiry and may undertake the defence of proceedings connected with an indemnified event.
Where an accident involves indemnity to more than one person, any limitation on the amount of indemnity applies to the aggregate indemnity payable to all persons indemnified, with priority applying to the Insured.
The Company shall not be liable for accident, loss, damage, or liability occurring outside the territorial limits of the Maldives Islands; claims arising from contractual liability; use of the vehicle for excluded purposes or by an excluded driver; events connected with flood, storm, tempest, cyclone, volcanic eruption, earthquake, invasion, war, civil war, strike, riot, civil commotion, mutiny, rebellion, military or usurped power, or related consequences; or any accident, loss, or damage arising while the driver is under the influence of intoxicating liquor or drugs, including where such driving occurs with the Insured's knowledge and consent.
Notice must be given in writing to the Company immediately after any accident, loss, damage, claim, prosecution, theft, or criminal act. Every letter, claim, writ, summons, or process must be forwarded to the Company immediately, and the Insured must cooperate with the Company and Police where required.
No admission, offer, promise, payment, or indemnity may be made without the Company's written consent. The Company may take over and conduct the defence or settlement of any claim and may prosecute in the Insured's name for its own benefit, with full discretion over proceedings and settlements.
The Insured must take reasonable precautions to safeguard and maintain the vehicle. The Company may repair, reinstate, replace, or pay in cash for loss or damage, subject to policy limits and actual value. The Company may cancel the policy by seven days' registered notice, and the Insured may cancel on seven days' notice subject to the policy terms.
If other insurance covers the same loss, damage, or liability, the Company shall not contribute more than its rateable proportion. Differences arising out of the policy shall be referred to arbitration as described in the policy terms. Due observance and fulfilment of the policy terms, conditions, endorsements, and proposal statements are conditions precedent to Company liability.
