This judgment considered whether the insured was provided with an indemnity under the insurer’s general liability policy for the costs of pollution rehabilitation.
Transnet sought to recover money it had expended in the rehabilitation of soil contaminated by aviation fuel escaping from an underground pipeline belonging to it. Transnet had a registered servitude through the
The Western Cape High Court erroneously held in Oliver NO v MEC for Health Western Cape and City of Cape Town that the deceased plaintiff’s non-pecuniary claim for general damages did not transfer to her estate as the matter had not reached litis contestatio (close of pleadings) because the summons had been amended to increase
This blog was co-authored by Felix Le Roux, Candidate Attorney
On 8 November 2022, the Labour Court dismissed an urgent application by an employer, a national gym organisation, in which it sought to enforce the terms of a restraint of trade agreement against their former national sales manager who took up employment with their main
The insured drove a forklift decorated like a float with his wife on a swing hung from the forks to celebrate her 50th birthday, surrounded by partygoers. It was held that his liability for running over a party guest’s foot was covered because it was not excluded coverage for bodily injury arising out of
The appeal court has set aside an order granted against the appellant for breach of contract. The parties had concluded an Implementation and Support Services Agreement in terms of which the appellant was paid to implement software for the respondent. After the implementation of the software, the respondent complained that the after-services provided by the
In this recent High Court judgment, the insurance policy under consideration contained a pollution exclusion with the proviso that the exclusion did not apply where the pollution was caused by a “sudden, unintended and unexpected happening” during the period of the insurance.
It was common cause that the contamination of the third party’s land
Norton Rose Fulbright’s review of the 2021 South African Insurance Judgments is now available HERE.
This is Volume 9 of the Big Read Book Series.
It is a bumper edition covering 32 insurance judgments.
2021 saw an increase in insurance cases heard by the courts, possibly a catch up from the backlog caused by
An Australian supreme court was faced with the question whether a sub-subcontractor was a named insured or agent of the named insured under a general liability policy relating to demolition work on a construction site where a fire attributed to the conduct of the sub-subcontractor caused damage. The court held that on the policy wording
The plaintiff failed in her action against a takeaway restaurant for damages resulting from her slipping and falling while walking down a tiled ramp at the restaurant’s exit. The court, besides applying the disclaimer notice, was not satisfied that the plaintiff had discharged the onus resting upon her to prove that the restaurant had failed