Dec. 21.]

THE NEW ZEALAND GAZETTE.

2. The liability of the Company in respect of any claim or claims whether arising out of the death of or bodily injury to any one person and damage to the property of that person or in respect of either of such claims shall not exceed the sum of £2,000.

3. The total liability of the Company under this policy shall be and is hereby limited in respect of all claims arising out of the same accident or other act or happening and giving rise to more than one claim to the amount set out in the last column of the Schedule hereto against the description of the motor-omnibus in respect of which or arising out of the operation of which such accident or other act or happening occurs or if more than one motor-omnibus mentioned in the said Schedule is involved in the same accident act or happening then to the amounts set out in such Schedule against the description of all such motor-omnibuses so involved.

4. The liability of the Company under this policy in respect of goods carried in any motor-omnibus shall be limited to claims in respect of which the Insured may be liable otherwise than solely as a common carrier of goods.

5. This policy does not extend to any liability of the Insured in respect of the death of or injury to any person in the employment or service of the Insured or injury to the property of any such person.

6. The Company shall be entitled to every right of indemnity or other right of the Insured and to be subrogated to the Insured's position in respect thereof whether such right arises under or by virtue of any Statute or any doctrine of law or equity or otherwise howsoever. The Company shall be entitled to use the name of the Insured in any action or proceeding in relation to any such right.

7. The Insured shall not without the consent in writing of the Company make any payment settlement or arrangement in respect of any claim or make any admission of liability in respect of any claim or allow any action or other proceeding to go undefended, or judgment to go by default or confess judgment in any such action or proceeding; and if the Insured commits any breach of this condition any remedy that he would otherwise have under this policy shall be barred and determined.

8. In the event of any accident or other act or happening giving rise to any claim or claims as an indemnity in respect of which this policy is issued of an aggregate amount exceeding £250 in respect of the operation of any one of the motor-omnibuses mentioned in the Schedule hereto in the said Motor-omnibus Service the maximum amount for which the Company was liable on the issue of this policy or any renewal thereof shall be reinstated in respect of every one of such motor-omnibuses for the balance of the term of this policy or such renewal period on payment of a premium the amount of which shall be calculated in the proportion that the amount by which this policy has been reduced bears to the said original amount for the unexpired period of this policy or of such renewal. In the event of the aggregate amount of any such claim or claims not exceeding £250 the said maximum amount for which the Company was liable on the issue of this policy or of such renewal shall be reinstated without any additional premium.

In witness whereof, this day of in the year one thousand nine hundred and Examined ... ...

Schedule.

Conditions.

1. This policy is issued on the express condition that the written and printed statements made to the Company by or on behalf of the Insured in the proposal for this policy are true in all respects and that the same shall be the basis of the contract between the Insured and the Company. If the said statements are untrue in any respect or if any material fact affecting the nature of the risk is omitted therefrom or if this policy or any renewal thereof is obtained through any misrepresentation suppression or untrue averment whatsoever or if in 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.