The forthcoming UK Insurance Act has some useful ideas about treating customers fairly.
Pre-contractual representations cannot be converted into warranties and “basis of the contract clauses” have been abolished. Specific warranties can still be included in the policy. It is, by the way, not a good idea to incorporate the application for insurance in the
It is worth reminding ourselves about the useful findings in the UK Tokio Marine v Novae Corporate Underwriting case in 2013 regarding follow the settlements clauses:
The draft Cybercrimes and Cybersecurity Bill has been published for public comment. The draft bill in its current form imposes obligations on “electronic communications service providers” to inform its clients of cybercrime trends and to establish procedures to report such crimes.
The definition of an “electronic communications service provider” includes not only mobile networks, internet
Government has launched an e-Tender Publication portal and the central supplier database (CSD) that provides for electronic platforms to centralise its procurement process. The portal and the CSD were set up by the Office of the Chief Procurement Officer (OCPO) on 1 April 2015 and went online on 1 September 2015.
All suppliers to any
The United States coastguard sued Bollinger Shipyards for defective repairs to patrol boats that rendered them useless. The claim was $78 million. It was held that the insurers did not owe the shipyard an indemnity because the claim was excluded by a work product exclusion.
The cover excluded “the failure of your products to meet
When Abercrombie & Fitch was sued in three class actions for failing to honour promotional gift cards the court refused to find that the policy exclusion of liability under third-party contracts applied and held that the insurers were liable to provide a defence because the claimants had based the claim on statutory consumer fraud as
A company operated through a number of divisions each with its own trade name. An agreement of suretyship was signed headed “Deed of Suretyship – Tuning Fork (Pty) Limited t/a After Market Products”.
The company, Tuning Fork (Pty) Limited, alleged that the appellant surety was liable for debts owing to other divisions of the principal
An insurer who wants to avoid a policy must prove a material non-disclosure by the insured on a balance of probabilities.
That is normally done by way of leading oral evidence and the process of cross-examination. It is unusual, although not unheard of, for oral evidence to be dispensed with and questions of non-disclosure to
In a dispute over the right to develop a property the developer claimed a right in terms of an agreement of sale that contained a number of suspensive conditions that had not been met. In these circumstances a party cannot enforce any rights arising from the agreement.
The agreement of sale was subject to conversion