The Coal Baseload Independent Power Procurement Programme Request for Qualification and Proposals (RFP) was released by the Department of Energy (DoE) in December 2014. The RFP allows preferred bidders, with the approval of the DoE, to undertake any refinancing or re-arrangement of the debt or equity at any time during the term of the Implementation
February 2015
Power outage is not direct physical loss or damage (USA case)

In a case arising from Superstorm Sandy in north eastern USA, the plaintiff lawyers claimed a business interruption loss from its property insurance company because the electricity company’s decision to shut down certain electrical services to prevent damage meant they could not enter their building for days. The court found this did not amount to…
If you resign you can’t change your mind

The appeal court has reaffirmed that resignation is a unilateral, final and binding act which may be express or tacit. An express resignation need only be communicated to the other party to the relationship. It does not have to be accepted. No consent is needed for a resignation to come into effect.
In SASCOC v …
Russian sanctions could affect reinsurance

Insurers must remember that jurisdictions in which the world’s major insurers operate such as the EU, Switzerland and the USA have imposed sanctions against Russia. Russian corporations and shareholders may be named on a sanctions list which will affect the enforceability of any reinsurance of a policy where a listed person is indemnified.
There are…
Seventeen point three percent shareholder/CEO held to control a company in US

A Delaware court held that there was a reasonable inference that the CEO who held only 17.3% of the company’s issued shares possessed “both latent and active control” over the company because the company had made statements to this effect.
The company had filed a form in connection with a proposed merger which referred to…
Regulation of derivatives: mandatory central clearing

What is a derivative?
Although ‘derivative’ is a commonly used term, there is often confusion over what a derivative actually is. A derivative is a type of financial instrument whose price is determined by reference to one or more underlying assets, such as shares, currencies or interest rates. Derivatives may either be traded on an…
Joan Rivers’ daughter claims compensation after alleged medical malpractice: wrongful death actions


Melissa Rivers, the daughter of the late Fashion Police star, Joan Rivers, is reportedly instituting a wrongful death claim against the medical practitioners who treated her mom prior to her death in September 2014. A wrongful death claim can be instituted in South Africa based on negligence which results in death, although this is not…
Two US lessons for insurers for intentional harm claims

A New York appeals court refused to allow insurers to invoke a dishonest acts exclusion to avoid a bank’s claim for the indemnity of a $200 million fine paid to regulators. The clause read “This policy shall not apply to any claim made against the insured based upon or arising out of any deliberate, dishonest…
Methods of connecting to the grid under the Coal RFP


The coal RFP released in December 2014 by the Department of Energy provides for the same methods of connecting to the grid as the Renewable Energy RFP.
There are three methods of connecting to the grid, each with slightly different bid submission requirements. Bidders must elect their preferred grid connection method prior to bid submission.…
Who owns your Instagram content?

You do (at least as between you and Instagram—your employer may have ownership rights in certain situations)! Instagram does not claim ownership of any content that you post.
You do grant Instagram very broad license rights: a non-exclusive, fully-paid and royalty-free, transferable, sub-licensable, worldwide license to use content that you post. This license grant means…