South Africa and global insurance, financial institutions, banking and general law know–how
This blog was co-authored by Danita Mungaroo, Candidate Attorney.
This case highlights the complex intersection of medical negligence claims and evidentiary challenges, focusing on the alleged failure of healthcare providers at clinics and hospitals to adequately monitor and manage labour. The absence of medical records, the court could not attribute the event to negligence.
The…
This blog was co-authored by William Hayne, Candidate Attorney.
In September 2024 the High Court found that the policy wording and section 54 of the Long-term Insurance Act of 1998 allowed the policyholder to either cancel her investment policy as a whole or make a partial withdrawal but not both.
The policyholder had invested her inheritance…
This blog was co-authored by Phumla Zitha, Candidate Attorney.
Time is of the essence in cases of shoulder dystocia during childbirth. Shoulder dystocia is a medical condition that occurs when one or both baby’s shoulders become stuck behind the mother’s pelvic bone after the head has been delivered. Immediate medical intervention is required as a…
This is a judgment which was given in peculiar circumstances. The insurer belatedly and out of time submitted its heads of argument and its counsel, due to an oversight, did not appear to argue the matter.
The parties in respect of a dispute under the insured’s Comprehensive Buildings Cover had pre-agreed a stated case.
The insured…
In the recent case, the High Court of South Africa dealt with an application for the rescission of two court orders. These orders were related to a settlement agreement following defaults on loan repayments by the Applicants.
The applicants had entered into a settlement agreement with the respondents (Bank) after defaulting on their loan repayments. …
This blog was co-authored by Jeneil Peterson, Candidate Attorney.
In October 2024 the High Court addressed a claim involving the birth injury of a child at a Gauteng provincial hospital. The court found that proper medical care during childbirth would have prevented cerebral palsy of the child and found in favour of the claimant, holding…
This blog was co-authored by William Hayne, Candidate Attorney.
In April 2024 the New York Supreme Court found that non-contracting parties under a construction subcontract were not entitled to the benefit of the insurance policy taken out by the subcontractor because non-contracting did not fall within the terms of the policy.
A worker was injured…
This blog was co-authored by William Hayne, Candidate Attorney.
In October 2024 the High Court grappled with the duty of care owed by schools to their pupils, what this duty entailed and whether it had been breached. The court found that two patrolling teachers assigned to supervision of the school playground was, on the evidence…
In this appeal judgment, the court considered what constituted “property damage” under the insurer’s Commercial General Liability insurance policy.
Property damage was defined in two ways:
“a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at…
In this New South Wales Supreme Court judgment, the issue was whether the life insured satisfied the definition of “Own Occupation Total and Permanent Disability” under an insurance policy.
The court said that the proper construction of “occupation” in the definition of “Own Occupation” is the employment, trade or business in which that person is…
