The court was required to consider the coverage provided by the insurer’s cyber insurance policy for a claim of damage to a third party “for a security breach”. A “security breach” was defined as “a failure of computer security to prevent unauthorised access or use of [the insured’s] computer systems”. Both the trial
September 2025
Another insurance case considering an “occurrence” (US)
A September 2025 decision in a Massachusetts Appeal Court found that an “occurrence” connotes a relatively concrete, timebound quality. The insured company supplied defective oil to customers over a long period of time which led to damage to the customers’ heating equipment and a class action.
There was no cover unless the insured knew that…
Additional audit expenses from data loss are “extra expenses” under insurance policy (US)
In September 2025, a US State Court of Appeals held that cover under an Equipment Breakdown policy that included an “extra expense” provision covered additional audit fees incurred during the restoration period of the data lost by the insured even after the end of the policy period.
The insured experienced a power surge at its…
Police pursuit: court holds defendant liable for bystander’s gunshot injury
This blog is co-authored by Yuveshen Naidoo, candidate attorney.
In August 2025, the High Court held the Minister of Police liable after the plaintiff, a taxi passenger, was struck by a bullet during a police pursuit in Mthatha. The court found that the risk of injury to innocent persons was foreseeable and that reasonable steps…
What’s in the Box? Container Fraud and Carrier Liability: Guidance from Stournaras v Maersk
1 In the English court decision of Stournaras Stylianos Monoprosopi EPE v Maersk A/S the court clarified the scope of carrier obligations under the Hague Rules, the role of Verified Gross Mass (VGM) data, and the risks of container fraud. The judgment provides practical guidance for both consignees and carriers in navigating the complexities of…
COIDA defence dismissed in claim for child killed by leopard
This blog is co-authored by Katelyn-Mae Carter, candidate attorney.
The High Court dismissed a defence by South African National Parks (SANParks) that section 35(1) of the Compensation for Occupational Injuries and Diseases Act 1993 (COIDA) precluded the claimant from claiming personal damages arising from the death of the minor child of an employee who was…
RAF’s duty to compensate for medical expenses despite third-party payments
This blog is co-authored by Alistair Verhoogt, candidate attorney.
In September 2025, the High Court reinforced the Road Accident Fund’s statutory obligation to compensate victims of road accidents for all reasonable past hospital and medical expenses, even where those expenses have already been settled by a third party, such as a medical aid scheme. The…
Whiskey and Collapse Insurance (USA)
Whiskey lovers will be distraught reading the facts of this case.
The insured plaintiff was the distiller of American single malt whiskey, which it placed in barrels to age for 3 to 4 years. The barrels were stored on metal racks in the distillery.
Racks that were holding dozens of barrels of whiskey that had…
On The Road fees legitimate under NCA subject to transparency
In September 2025, the Supreme Court of Appeal held that On The Road fees added by dealers to the purchase price of vehicles sold by them are part of the transaction between the dealer and the consumer. OTR fees may be included as part of the principal debt under the ensuing credit agreement between the…
Laser scar therapy for facial trauma can qualify as a past medical expense in RAF claims
This blog is co-authored by Yuveshen Naidoo, candidate attorney.
In September 2025, the High Court determined that the claimant’s laser therapy costs for facial scarring qualified as a recoverable past medical expense under section 17 of the Road Accident Fund Act. The court found that non‑invasive laser therapy for severe facial scarring following a motor…