An exclusion for claims ‘arising out of asbestos’ was upheld by a US appeal court because it is unambiguous and therefore enforceable.
The appeal court overturned a $36 million judgment against the insurer, which is only part of the policyholder’s liability for $120 million worth of asbestos-related claims. The court did not accept the argument
A Los Angeles court found the insurer liable for a damaged shipment of corn syrup, rejecting the defences that two exclusions for precautionary recalls and faulty workmanship resulting in goods being restored, repaired or replaced applied because the damaged corn syrup was not recalled. It was just sold for a lower price.
The corn syrup
A Pennsylvania court held that the insurer was not liable because of misrepresentation for a portion of a $227 million settlement by a building owner arising from a building collapse that took seven lives and injured 12 people.
The event happened as a result of an uncontrolled collapse of a four-storey building which was being
The Cape High Court decision in April 2017 setting aside the Minister of Energy’s decision determining the requirements for procurement of nuclear generation capacity and tabling of the related Russian intergovernmental agreement (IGA) in parliament usefully reminds us of a few important principles of constitutional and administrative law:
The Special Voluntary Disclosure Programme (SVDP) running until 31 August offers South African residents the opportunity to regularise their tax defaults and exchange control defaults.
There have been a number of similar opportunities to regularise tax and exchange control affairs in the past. We have seen two previous special amnesty opportunities in 2003 and 2010
A 37 year old woman from Nottingham has lost a claim for future pain and suffering following failure by a hospital to notify her of a positive result of a sexually transmitted infection with the result that the infection was left untreated for a year.
The woman who suffered from a pre-existing somatic symptom disorder
The due observance of and compliance with the terms, provisions and conditions of the policy by the insured was a condition precedent to liability by the insurer to make payment. This was an after-the-event legal costs policy where the premium was payable once the matter was finalised and the costs could be determined.
The court
Where an insurance policy covered an estate agent for acts committed solely ‘in the performance of services as a real estate agent/broker of non-owned properties, for others for a fee’, the Utah Supreme Court denied coverage for an estate agent’s botched deal in which the agent persuaded a company to make an investment in a
In case you missed it, here’s our pick of ten of the most interesting articles from around the Norton Rose Fulbright global blog network.
An Arizona appeals court has ruled that a claim by a woman who had a stroke during a fitness-club workout is not covered by the instructor’s homeowners’ insurance policy because the business exemption applied.
When the member of the fitness-club sued her instructor, the instructor made a claim under the homeowners’ policy but the policy