There have been a number of cases internationally where financial institutions have been obliged to refund policyholders for imposing force-placed insurance deals at the time of contracting for financial services.
Under the National Credit Act in South Africa, credit insurance must not be unreasonable nor at an unreasonable price and this is a good test
The English high court held that the substantial over-valuation of a superyacht covered for fire under a valued policy was a material non-disclosure entitling insurers to reject the claim.
The yacht had been valued for policy purposes at €13 million (the original purchase price in 2007) despite a 2009 valuation certificate putting the value at
An Australian case dealt with a pay-to-be-paid wording according to which the insurer would indemnify the insured “in respect of all sums which the insured shall become legally liable to pay, and shall pay, as compensatory damages.” The court held that the words “and shall pay” did not mean that the insurers did not owe
The high court has ruled that a civil litigant’s private Facebook messages, which were unlawfully obtained by the hacking of his personal account, were nevertheless admissible as evidence against him.
In Harvey v Niland, the litigants were members of the same corporation. Niland was also an employee of the corporation. After leaving his employment
The Stransham-Ford judgment elicited much debate not only from a legal perspective but an ethical one. Both the Health Professions Council and the Ministry of Health have indicated that they are opposed to doctors playing any role in assisted suicide.
In South African law the position remains according to the Stransham-Ford judgment that unless the
In a wide-ranging speech regarding Solvency II by the director of life insurance of the UK Prudential Regulation Authority on 17 February 2016 he said that one of the risks of a prudential regime that permits firms to calculate their own capital requirements is that the system over time is gamed.
He referred to the
Payments to third parties do not qualify as a “loss” under commercial crime policies because such payments are not an “unlawful taking” by the employee.
The United States District Court (New Jersey) recently had occasion to consider the interpretation of two commercial crime policies. The policies covered losses for “employee theft” stating that:
“We will
Any change of control in an entity which holds an individual electronic communications service licence, individual electronic communications network service licence or radio frequency spectrum licence requires the prior written permission of the Independent Communications Authority of South Africa (ICASA).
Radio frequency spectrum licences
The Radio Frequency Spectrum Regulations 2015 set out the process which
Email correspondence has by and large superseded physical correspondence and email signatures have effectively replaced company letterheads as the first impression a third party has of a company’s corporate branding identity. However, a company will usually have a letterhead for use for company correspondence.
As part of setting up, a company should create a letterhead
The law obliges medical schemes to pay the costs of treating prescribed minimum benefit conditions in full. The Supreme Court of Appeal in The Council for Medical Schemes v Genesis Medical Scheme provides a useful reminder of when a party may waive rights conferred by law for their benefit.
The Medical Schemes Act does not