South Africa and global insurance, financial institutions, banking and general law know–how
The recent Irish High Court supplemental judgment to its judgment in Marlin Apartments Limited t/a Marlin Hotel Dublin v Allianz PLC [2024] IEHC, doesn’t affect the court’s September 2024 judgment on the meaning to be given to the words “at the Premises” in the relevant notifiable disease extension.
The court said the words “at…
Around the world there are class actions, both settled and ongoing, by players against their respective sports bodies for repetitive head injuries resulting in neurodegenerative disorders. Insurers and brokers need to take note.
Class action claims against the US National Football League for concussion injuries in respect of which risk the league ignored or concealed…
In this appeal the Supreme Court of Appeal found that a party to a contract could, to avoid liability, rely on the exclusion of damages clause and time-bar clause despite their repudiation of the agreement having resulted in cancellation.
It was undisputed that the contract precluded a claim for damages for loss of profit and…
In April 2025, the High Court ruled in favour of a bank in a monetary claim against two sureties. The court rejected the deceitful defences raised by the sureties regarding signature of the suretyship and made useful findings regarding video and other evidence of the signing.
The debtor breached the terms of its facility and…
Effective from 22 April 2025, the Office of the Judge President of the Gauteng Division of the High Court issued a Directive introducing mandatory mediation in the Gauteng Division, together with a Mediation Protocol. The Directive provides that mediation in civil trials is now mandatory in the Division.
The effect on trial dates
In the transitional…
The owners of a building in which aluminium composite panels were installed is seeking compensation for loss or damage arising from the manufacturer supplier of those panels including the costs of removing the panels and remediating damage caused by affixing the panels to the building.
In this judgment the question was whether the insurer’s policy…
“Double insurance arises where the same party is insured with two (or, as is said to be the position in this case, more) insurers in respect of the same interest on the same subject matter against the same risks. It is common ground that, subject to the meaning of the other insurance clause in the…
Part 1 and Part 2 discuss the insured’s claim for property damage indemnity resulting from incorporation of defective aluminium plate in customer’s products.
The insurers CGU also unsuccessfully argued the application of the products recall exclusion in the policy. The policy excludes insurer’s liability for:
“6.14 Products and Work Performed
6.14.2 the cost of or damages…
The primary policy dispute in the appeal judgment in Insurance Australia Limited t/as CGU Insurance V Capral Limited is discussed in our previous blog here.
The insurers also argued that the installation of the defective plate did not damage the property at all and it in fact “improved” the vessel, so the claim must…
The 276 paragraphs of the appeal judgment in Insurance Australia Limited t/as CGU Insurance V Capral Limited contains a very detailed and useful review of multiple jurisdictions approach to the meaning of property damage within property, general products and liability policies including Australia, Canada, the United States, and the United Kingdom.
The insured claimed under…
