A US court has allowed an insurer to avoid a $25 million policy it issued to H.J. Heinz Co. because of a material misrepresentation regarding its product recall history.
In response to a question whether the company had experienced any product recalls or withdrawals within the previous ten years, the insured failed to disclose a
Whether a municipality is required to act so as to avoid reasonably foreseeable harm and, if so, what steps it is required to take to prevent harm, depends what can be reasonably expected in the circumstances of each case. Undue demands cannot be placed on public authorities and functionaries. Their resources and the manner in
The Supreme Court of Appeal has ordered an insurer to pay interest from the date upon which the indemnity should have been furnished rather than the date the insured issued a summons.
In Viking InShore Fishing vs Mutual & Federal Co Ltd the court found that the insurer was liable to pay the claim relating
A Florida appeals court held that a homeowner could assign the benefits under her insurance policy to an emergency water mitigation company without the insurer’s consent. According to the property policy “assignment of this policy will not be valid unless we give our written consent.”
After the insured house was flooded the policyholder hired the
A US construction worker was fatally shocked while repairing a bridge. He was working on a platform scissor-lift mounted on a truck owned by his employer construction company. He was working on a bridge owned by New Jersey Transit.
His widow claimed damages from the New Jersey Transit company. NJT then sought cover under the
We have been reminded again that regulations that are unreasonable and irrational can be challenged under the Promotion of Administrative Justice Act (PAJA). Regulations are made under empowering provisions in the governing law, have a direct external legal effect on the parties they apply to, and adversely affect the rights of persons in the industry
A US insured suffered losses when the seal on a bottled beverage it was producing for another company failed quality control measures. A US court of appeals found that the losses were not covered by the “all-risks” property insurance policy because the losses were not physical loss or damage.
The insured was to produce 40
The purpose of s129 of the National Credit Act (NCA) is to ensure that a consumer is notified of the default and of the various options available to the consumer.
In Sebola v Standard Bank the Constitutional Court held that a credit provider can normally show compliance with s129 by:
South African courts have yet to deal with a case involving Bitcoin or other cryptocurrencies. But the fact that cryptocurrencies remain largely unregulated in most jurisdictions does not place cryptocurrency disputes beyond the reach of the courts.
Globally, most litigation has related to insolvency, fraud and breach of contract.
The Protection of Personal Information Act (which is best described as the Data Privacy Act and not a flower) permits a data subject to institute a civil action for damages where there has been a breach of the Act.
A court may award an amount that is just and equitable including payment of damages as