Donald Dinnie

Policy interpretation: flood endorsement (Botswana)

By Donald Dinnie on September 22, 2023 Posted in Insurance

This 2012 judgment in which Norton Rose Fulbright successfully acted for the insurer, is worth revisiting in the context of the unprecedented levels of flooding being experienced in South Africa (and around the world). The insured had been engaged by the Government of Botswana to construct a dam and was required to design and construct … Continue reading

Imputed knowledge of insurers (UK)

By Donald Dinnie on September 12, 2023 Posted in Insurance

In this English judgment, the court considered whether it was appropriate to impute to individual underwriters’ material information they did not actually know, but the claims team did. The George Hotel was destroyed in a fire in July 2019. The first claimant, The George on High Limited, owned the hotel but the hotel and restaurant … Continue reading

Section 35 of COIDA – Liability Insurance

By Donald Dinnie on September 8, 2023 Posted in Insurance

This Supreme Court of Appeal judgment http://www.saflii.org/za/cases/ZASCA/2021/16.pdf dealt with the case of the plaintiff who was mistreated and injured in the course of a protest by trade union members on premises where she was employed. The question was whether her injuries constituted an ‘accident’ as defined under section 1 of the Compensation for Occupational Injuries … Continue reading

Building regulation exclusions in a liability policy (Aus)

By Donald Dinnie on September 7, 2023 Posted in Insurance

In this Australian judgment previously dealt with here the court had to consider whether the insured’s claim to be indemnified for its liability for a slip and trip claim was excluded by reason of the building and local authority regulation exclusions which read: “We do not cover We will not pay for any loss, damage … Continue reading

Arising from, in connection with, directly or indirectly, arising directly or indirectly from or in any way connected with: insurance (Aus)

By Donald Dinnie on September 6, 2023 Posted in Insurance

This Australian judgment considered whether the insurer could correctly rely on a number of exclusions to a claim by its insured for cover under the liability section of the policy. The policy used two composite formulations to connote the requisite relationship between the liability and the exclusion. The first formulation excluded liability “arising from, or … Continue reading

Bankers blanket bond insurance

By Donald Dinnie on August 29, 2023 Posted in Insurance

This insurance, so named because the word “blanket” indicates that the insurance covers the conduct of all the bank’s employees without listing them individually, dates back to 1911. Bankers blanket bond insurance (BBB insurance) was pre-dated by a fidelity bond available to banks for named employees and providing cover for losses arising from hold-ups or … Continue reading

Draft guidance note for insurers: climate-related risks

By Donald Dinnie on August 17, 2023 Posted in General

Here Climate Guidance_Disclosures_Insurers (resbank.co.za) the Prudential Authority’s draft guidance notes for insurers and climate-related risks and disclosures. The guidance notes adopt the recommendations of the task force on climate-related Financial Disclosures and International Sustainability Standards Board. Deadline for comments is 13 September 2023… Continue reading

Insurable interest (UK)

By Donald Dinnie on August 8, 2023 Posted in Insurance

This judgment is the appeal of the judgment previously blogged on here. The question was whether insurers could refuse to pay a claim under an All Risks Marine Cargo Open Policy because the insured had no insurable interest in the subject matter of the property cargos of grain. The insured had been a victim of … Continue reading

To stand or not to stand – a case of legal standing

By Donald Dinnie on August 4, 2023 Posted in General

This blog was co-authored by Sebenzile Magagula, Candidate Attorney. A claim http://www.saflii.org/za/cases/ZANWHC/2023/102.html was dismissed by the High Court on the grounds that the respondent lacked the requisite legal standing to litigate on behalf of her husband who was the party to the contract sued on. The claimant sued for delictual damages arising from failure by … Continue reading

Defamation damages for disclosing HIV status

By Donald Dinnie on August 3, 2023 Posted in General

This blog was co-authored by Maano Manavhela, Candidate Attorney. In this case (K.A.B v National Union of Metal Workers of South Africa (NUMSA) and Others (1438/2021) [2023] ZAFSHC 288 (21 July 2023)) the plaintiff instituted a defamation action against the employer after the employer’s supervisor disclosed the plaintiff’s HIV positive status in a work grievance meeting … Continue reading

Events, conditions and benefit groups in a life policy lead to multiple claims

By Donald Dinnie on July 28, 2023 Posted in Insurance

This blog was co-authored by Maano Manavhela, Candidate Attorney. A life insured, who suffered heart and arterial disease in April 2012 requiring a coronary stent and was paid 10% of a benefit amount, a bi-femoral bypass and paid 90% of the benefit amount in July 2012, was awarded another 100% of the benefit amount following … Continue reading

Contractual or delictual liability

By Donald Dinnie on July 12, 2023 Posted in Insurance

This blog was co-authored by Maano Manavhela, Candidate Attorney. In this case, the parties entered into a written contract whereby the defendant would provide cash management and security services. The claimant’s money was lost during a cash-in-transit heist whilst in the custody of the defendant. The court found that the loss sustained by the plaintiff … Continue reading

Insurance and aggregation clauses (UK)

By Donald Dinnie on July 5, 2023 Posted in Insurance

There is a substantial body of English case law explaining the import of a contrast between different aggregation clauses. AXA Reinsurance (UK) PLC v Field (1996) 1 WLR 1026 at 1035 contrasted the words “arising from one originating cause” with the words “arising out of one event” used to define the unifying factor used in … Continue reading

Covid-19 Insurance and Damage (UK)

By Donald Dinnie and Patrick Bracher (ZA) on July 3, 2023 Posted in Insurance

In this judgment the insured restaurant argued that the requirement in the murder, suicide or disease extension that the interruption or interference with the insured business be caused by damage did not require physical damage. It was common cause that there had been no physical loss or damage to the insured premises or property used … Continue reading

Covid-19 insurance, “at the premises” and causation (UK)

By Donald Dinnie on June 27, 2023 Posted in Insurance

In this high court judgment the court considered whether “at the premises” disease cover entailed the same approach to proximate causation as the disease cover considered by the Supreme Court in Financial Conduct Authority v Arch Insurance (UK) Limited [2021] UK SC 1. The relevant wording of the policy in the lead action read: “The … Continue reading

Insureds, the duty to act in good faith and fraud clauses (Part 2)

By Donald Dinnie on June 19, 2023 Posted in Insurance

The questions on appeal in this Supreme Court of Appeal judgment were whether the policy fraud clauses entitled the insurer to repayment of all the amounts paid to the insured subsequent to the insured event when the insured with full knowledge of his misrepresentations submitted a partly fraudulent claim; whether the doctrine of accrued rights … Continue reading

Insureds, the duty to act in good faith and fraud clauses (Part 1)

By Donald Dinnie on June 15, 2023 Posted in Insurance

In this Supreme Court of Appeal judgment the court confirmed that insured persons are under a duty to act in good faith in their dealings with insurers. Accordingly, the wilful lodgement of a false claim by the insured constitutes the breach of a duty of good faith which entitles the insurer to terminate the policy. … Continue reading

School Injury and Liability

By Donald Dinnie on June 7, 2023 Posted in Insurance

This blog was co-authored with: Maano Manavhela, Candidate Attorney In this case, the Plaintiff’s two children aged 5 and 6 years old, sustained severe injuries at Shoshanguve Primary school when a newly constructed gate fell on them whilst they were on their way to the school’s portable toilets unsupervised. These severe injuries included broken bones … Continue reading

Insurable interest and unascertained bulk goods in storage or transit(UK)

By Donald Dinnie on June 6, 2023 Posted in Insurance

In this April 2023 judgment the UK Court of Appeal found that an insured may have an insurable interest in cargos of grain in circumstances where they do not form an identified part of the bulk grain stored or shipped. In a dispute that dealt with a claim under a Marine Cargo Open Policy, the … Continue reading

The aim of FAIS debarment

By Donald Dinnie on May 10, 2023 Posted in Insurance

In an April 2023 Financial Services Tribunal decision (T Singh v Marsh) previously discussed here (The FAIS Act and debarment: fit and proper), (The jurisdictional requirements for FAIS debarment) and (FAIS debarment: an honest person with integrity), the Tribunal reminded us that debarment is not aimed at punishing the relevant financial services provider but rather … Continue reading

FAIS debarment: an honest person with integrity

By Donald Dinnie on May 9, 2023 Posted in Insurance

In the April 2023 Tribunal decision discussed here (The FAIS Act and debarment: fit and proper) and here (The jurisdictional requirements for FAIS debarment) the Tribunal considered a requirement that a fit and proper person must be an honest person with integrity. With regard to the element of dishonesty the Tribunal referred to the decision … Continue reading

The jurisdictional requirements for FAIS debarment

By Donald Dinnie on May 8, 2023 Posted in Insurance

In its April 2023 Tribunal decision, discussed here, the Tribunal discussed the three jurisdictional requirements for debarment. They should be borne in mind before proceeding with any debarment steps: “The reason for debarment must have occurred or must have been known to the financial service provider while the person was a representative of the provider. … Continue reading

The FAIS Act and debarment: fit and proper

By Donald Dinnie on May 5, 2023 Posted in Insurance

In April 2023 this decision of the Financial Services Tribunal application was made for reconsideration of the decision of the FSCA to debar a natural person. In the context of the FAIS Act a fit and proper person is someone who is considered to have the necessary integrity, competence and financial soundness to operate as … Continue reading

Quantum of damages in medical malpractice cases: Volume 12

By Donald Dinnie on April 20, 2023 Posted in Insurance

Volume 12 of Norton Rose Fulbright’s Big Read Book series is now out. It is a comprehensive review of judgments dealing with the quantum for damages in medical malpractice cases and which can be found here. This volume reviews proof of special damages including contingency deduction, life expectancy and loss of earnings. We look at quantifying … Continue reading