3506

THE NEW ZEALAND GAZETTE.

[No. 82

or if any statement or declaration made in support of any claim there is any untruth or suppression by or on behalf of the Insured then this policy shall be void and any premiums paid in respect thereof shall be forfeited to the Company.

2. The insurance effected by this policy may be renewed from time to time for periods to be agreed upon between the Company and the Insured by payment to the Company and acceptance by it of a renewal premium of an amount to be agreed upon between the Company and the Insured, but the Company shall not be bound to accept any renewal premium or agree to any renewal of the said insurance.

3. The renewal premiums on this policy may be paid within seven days after the due date thereof and if not so paid this policy shall cease to be in force. During such seven days the policy shall continue in force unless the Company has previously cancelled the same. Any refusal to receive a renewal premium need not be in writing.

4. The Company shall not be bound to send any notice of any renewal premium coming due.

5. No receipt for renewal premium shall be valid unless in the printed form used by the Company and signed by an officer of the Company duly authorized to sign receipts for premiums.

6. This policy shall be void in respect of any motor-omnibus mentioned in the Schedule hereto-

(a.) Whilst such motor-omnibus is engaged in racing or pace-making, or reliability, speed, or other trial; or

(b.) If any interest in such motor-omnibus pass from the Insured otherwise than by will or operation of law.

7. This policy does not cover-

(a.) Any costs, expenses, or penalty imposed on the Insured otherwise than in civil proceedings nor any sum of money directed by any Stipendiary Magistrate, Justice of the Peace or other judicial authority to be paid by any person convicted of an offence under the Motor-vehicles Act, 1924, or any Act substituted therefor to any person who may have suffered bodily injury or the dependants of any person who may have been killed by reason of the act or default of any person so convicted.

(b.) Any loss or liability legally incurred by the Insured in respect of loss of life or damage to any person or loss of or damage to property arising out of the operation of any of the said motor-omnibuses mentioned in the Schedule hereto unless at the time of such liability arising any such motor-omnibus is being used or driven on any road or street for the purpose of carrying passengers for hire remuneration or reward in the course of the said Motor-omnibus Service.

8. The Company may undertake the settlement of any claim against the Insured in respect of any liability the risk of which is insured by this policy and may take over and, during such period as it thinks proper, have the conduct and control on behalf of the Insured of any proceedings taken or had to enforce any such claim or for the settlement of any question arising with reference thereto, and may defend or conduct such proceedings in the name of the Insured and on his behalf, and shall, subject to the terms of this policy, indemnify the Insured against all costs and expenses of and incident to any such proceedings incurred while the Company retains the conduct and control thereof. The Insured shall sign all such warrants and authorities as the Company requires for the purpose of enabling the Company to have the conduct and control of any such proceedings. In the event of the Insured refusing to permit the Company to have such conduct and control the Insured shall cease to have any claim against the Company under this policy.

9. Upon the Insured's becoming aware of the occurrence of any accident act or happening the risk of which is insured by this policy notice shall as soon as practicable be given by the Insured to the Company and such notice shall state the date of such accident act or happening and fully describe the circumstances thereof. Such notice must in ordinary circumstances be given within seven days after the occurrence of the accident act or happening but no claim shall be invalidated by reason of the omission to give such notice within the said period provided it is established to the satisfaction of the Company that notice has been given as early as practicable. Further if the Insured receives notice of a claim or of the intention on behalf of any person to make a claim in respect of any matter the risk of which is insured by this policy the Insured shall within three days send to the Company the purport of the notice or a copy thereof if in writing. The Insured shall further as and when required by the Company and with reasonable despatch furnish such other information as the Company requires, and such information shall if required be given upon forms supplied by the Company for the purpose. The Insured shall also in case of a disputed claim or of any question arising upon any claim render to the Company all assistance in the Insured's power to enable the

Company to effectively resist any proceedings to enforce such claim or to act on the Insured's behalf in any proceedings for settling any question so arising. Time shall be deemed to be of the essence of this condition.

§ 10. Subject to the provisions contained in this policy the insurance thereby effected may be terminated at any time at the request of the Insured, in which case the Company will retain the customary short-period rate until the time of such termination. The Company may at any time, by giving notice in writing to the Insured by registered post at the Insured's address as shown in this policy, cancel and determine this policy as and from the date of expiry of such notice, and the Company will in that event refund to the Insured the proportionate part of the premium received for the unexpired period of this policy. Not less than seven days' notice in writing of intention to determine this policy pursuant to this clause shall be given either by the Company or the Insured to the licensing authority appointed under the Motor-omnibus Traffic Act, 1926, for the motor-omnibus district in which the service is carried on.

Separate Indemnity.]

MOTOR-OMNIBUS POLICY.

Against Risks required to be Insured under the Motor-omnibus Traffic Act, 1926, and the Motor-omnibus (Licensing) Regulations, 1926.

WHEREAS (hereinafter called the Insured) has by the proposal and declaration which are the basis of this contract applied to the Company (hereinafter called the Company) to issue a policy of indemnity against the liability of the Insured for compensation or damages in respect of the death of or bodily injury to any person or for damage to the property of such person as is hereinafter specified such liability arising in the course of the Motor-omnibus Service conducted by the Insured over the route and between the termini mentioned in the second column of the Schedule hereto and which liability is required to be insured under the provisions of the Motor-omnibus Traffic Act, 1926, and in accordance with the provisions of Regulation 23 (1) Subsection (b) of the above-mentioned Regulations and has paid to the Company the sum of £ by way of premium in respect of such indemnity for the period mentioned in the first column of the Schedule hereto (hereinafter called the first period of insurance) and the Company has agreed to issue a policy to the Insured on the terms hereinafter appearing: Now these presents witness and it is hereby agreed between the Company and the Insured as follows:-

1. The Company will subject to the limitations provisions and conditions contained in or endorsed on this policy pay to the Insured all such sums of money as the Insured shall during the first period of insurance or during any term for which this policy may be renewed under the conditions endorsed hereon have paid or become liable to pay to any person or persons whomsoever for compensation or damages (including party and party costs) in respect of the death of or bodily injury to any person or for damage to the property of any person which compensation or damages (including such costs shall be legally recovered or recoverable against the Insured and which liability arises out of the actual operation of any of the motor-omnibuses described in the Schedule hereto it being declared that the word "operation" in this policy shall mean the use or driving on any road or street of any motor-omnibus for the purpose of carrying passengers for hire remuneration or reward while such motor-omnibus shall be employed in the Motor-omnibus Service mentioned in the second column of the Schedule hereto And provided that the Company shall only be liable in respect of any accident act or happening giving rise to any claim for such compensation or damages if at the time of such accident act or happening the motor omnibus or omnibuses in respect of or arising out of the operation of which such accident act or happening takes place is or are being so used or driven as aforesaid and then only in respect of each such motor-omnibus to the extent set opposite the description of each such motor-omnibus in the last column of the said Schedule And provided that the liability of the Company under this policy shall only apply in respect of any motor-omnibus while it is actually being operated as a motor-omnibus within the meaning given to the term "motor-omnibus" by the above-mentioned Act.