In Majwe Mining Joint Venture (Pty) Ltd v Old Mutual Short-Term Insurance (Botswana) Limited, the Botswana appeal court was required to consider the date from which the time bar period provided for in the General Conditions in an insurance policy started running following the insurer’s disclaiming of liability for an indemnity.
In a communication
The interplay between intellectual property and POPIA
This blog was co-authored by: Bongekile Gasa, Candidate Attorney
The purpose of the Protection of Personal Information Act (POPIA) is to safeguard the personal information of individuals and juristic entities alike. The fact that South African data protection legislation regulates and protects the personal information of juristic entities
The interpretation clause in a policy of insurance included a provision that “references to a statute law also includes all its amendments or replacements”. The Australian Quarantine Act had been replaced by the Bio Security Act, 2015 before the policy came into force but was held to be a replacement statute. The court
In the event that the insured property is totally lost or destroyed the amount
payable shall be the cost of removing the damaged property (limited to the
The claim arose from efforts to recover gold from the wreck of the SS Islander which sank off the coast of Alaska in 1901 carrying gold valued at the time at $6 million. One party to a joint venture recovery company withheld computer data, photographs, videos, imaging, readings, logs and journals downloaded on a media
An ex gratia payment is a payment made by a person to a claimant for damages or other claims without recognising any legal obligation. “Ex gratia” means “by favour” or “by virtue of grace” .Thus, an ex gratia payment is a voluntary payment that does not signify legal liability.
Ex gratia payments differ
The family of a student, who died in 2014 when the Donetsk People’s Republic, a Russian-backed separatist group in eastern Ukraine, shot down Malaysia Airline’s Flight 17, sued Western Union for damages for “providing ongoing and essential financial support to the DPR by facilitating money transfers”. The court held that Western Union could
South African readers will be interested to hear that, according to a recent article in Insurance Day,severe delays at the UK Financial Conduct Authority in approving senior hires are causing strife and harming competitiveness. System errors are allegedly also leading to threats of fines that are unwarranted and later withdrawn.
Part of the problem
The insured sought cover under a catastrophe umbrella policy when a claim under the underlying policies had been dismissed for late notice. The umbrella policy covered “any claim alleging bodily injury, personal injury or property damage, insurance for which is not afforded by the underlying policies”. The court held that the word “