A Los Angeles appeal court ordered two excess insurers to contribute pro rata to a $4 million settlement of a lawsuit by a building inspector who was paralysed after falling from a ladder at a construction site. Westchester Insurance Co was the excess insurer of the general contractor and Hudson Specialty Insurance Co was excess
Uber’s success is that it made it as easy to order and pay for a ride as clicking a few buttons. It created a multi-billion dollar market that didn’t exist just a few years ago. Blockchain is a payment technology that enables people to automate functions that previously needed manual input and creates certainty without
The August 2016 first-of-its-kind judgment against South African Airways in favour of Nationwide Airlines, for damages arising from conduct that was held to be an anti-competitive exclusionary act preventing Nationwide from entering into or expanding within the travel market, raises the interesting question whether the loss is insurable by the company and the directors.
The high court award of R104 million payable by South African Airways to Nationwide Airlines is the first case to confirm that the Competition Act has created a new form of delictual liability for anyone that uses its dominant position in a market to impede or prevent a competing firm from entering into or expanding
In July 2016 the New Jersey Supreme Court held that damage by rain water leaking into residential condominium premises because of a subcontractor’s faulty workmanship constituted property damage and an accidental occurrence under the property developer’s commercial general liability insurance policy.
Under the policy ‘property damage’ included ‘physical injury to tangible property’ and an ‘occurrence’
The Johannesburg High Court was invited to enforce a demand guarantee in the form of a performance bond because allegations relating to fraud had not been adjudicated on and this would be left to a parallel arbitration process.
That is not the correct approach to these matters. The cause of action arose from a guarantee