This blog was co-authored by James Donald, Candidate Attorney
Following the economic fallout of the Covid-19 pandemic, one of the aims of government’s Economic Reconstruction and Recovery Plan (ERRP) is to encourage localisation. With a focus on purchasing local inputs instead of importing, this is intended to assist in uplifting the economy. The challenge is
This blog was co-authored by Julia Sham-Guild and James Donald
The Covid-19 pandemic has forced many industries to become highly reliant on digital markets. The gradual move over the past few decades and this recent sharp uptake as a result of Covid-19 has resulted in an increased need for regulators to be able to monitor
An electronic cigarette store failed in its claim for an indemnity from its insurer for a vape battery that exploded in a customer’s pocket away from its premises. The policy excluded an event “occurring on any premises other than the designated premises shown in the schedule”.
The products-completed exclusion clearly precluded coverage for bodily
In this August 2021 judgment, the Federal Court of Australia in Star Entertainment Group Limited v Chubb Insurance Australia Limited [2021] FCA 907 had to deal with the interpretation of an insurance policy of the insureds who owned and operated various casinos and associated businesses. The insureds allege that the government’s directions in connection with
The roof of a sweet shop was damaged when a tree fell onto the building and destroyed part of the roof on 9 April 2019. On 19 May 2019 it suffered an additional loss from a burglary by thieves who entered through the broken roof. The claim failed because of a breach of a policy
This blog was co-authored by: Kristin January and James Donald
On 6 May 2021, the Johannesburg high court reaffirmed that auditors do not generally owe a legal duty to the employees of an insolvent company and consequently no valid claim can arise on the part of the employees for any alleged misstatement concerning the company’s
The lessee of a property under a 30-year notarial land lease agreement with Transnet Limited sublet portions of the property to sub-lessees who subsequently acquired rights under a lease assignment agreement. When the lessor bought the property, payment obligations under the lease assignment agreement terminated.
A sub-lessee who had taken assignment of rights under the
The Mpumalanga High Court in this May 2021 judgment upheld the insurer’s reliance on the time bar clause in the policy. (H Qhibi v MiWay Insurance Ltd (634/2017) [2021] ZAMPMBHC 12)
The insured’s claim could not be entertained because it had been brought well after the expiration of the time bar period.
It
A US court found that liquid and solid forms of the illegal drug methamphetamine (a highly addictive stimulant known as meth and by other names) was an excluded “contaminant” for the purposes of a house owner’s insurance policy.
The insured’s grandson resided with the insured. The police executing a search warrant discovered liquid and solid
While performing services on a construction site owned by a Port Authority, an employee of a contractor slipped and fell on wet soil and rocks because of unsafe working conditions and sued for damages. The construction management firm, Techno, was insured under a comprehensive general liability policy. When the port authority was sued by the