South Africa and global insurance, financial institutions, banking and general law know–how
The High Court decision in Le Bonheur Wine Estate (Pty) Ltd v Stellenbosch Vineyards (Pty) Ltd has raised eyebrows for its misreading of both the common-law principles of subrogation and the express wording of the policy at issue as well as its support for parallel actions for a single claim.
After fully indemnifying its insured…
Builders’ risk policies in the construction industry seek to simplify insurance coverage, provide stability and reduce litigation in complex construction projects, providing broad cover to all those associated with the project.
In an Ontario Superior Court judgment, the Builders’ Risk Insurance Policy for the project expressly named RioCan and PCL as insured parties along with:…
This blog is co-authored by Dashia Govinden, a candidate attorney.
In June 2025 the High Court held that the claim for damages caused during a telecommunications infrastructure installation, was not instituted within the legally prescribed timeframe. The dispute required the court to interpret the provisions of the Prescription Act, 1969, particularly section 12(3), and assess…
The policy under consideration in this judgment contained a Claims Conditions section and recordal that “Breach of these conditions will entitle us to refuse to deal with the relevant claim.”
It was not expressly recorded that compliance with the claims conditions was a condition precedent and the words “condition precedent” were not themselves used. The…
Another court, this time the English High Court, has again said that the contra proferentem rule will only be applied where there is more than one reading that can make sense of the words or where the wording of a clause is so ambiguous as to be incapable of meaning.
The court said:
“I accept…
This Colorado appeal court judgment dealt with a dispute regarding alleged roof damage caused by hailstorm.
The policy covered direct physical loss caused by hail.
The claims adjuster who was initially assigned to investigate and report to the insurer concluded that the roof was damaged by hail and the insurer paid the claim based on…
The recent judgment of Aercap Ireland Limited v AIG Europe S.A. & Others relates to claims made under insurance policies by aircraft leasing companies in respect of aircraft and aircraft engines, which the leasing companies contended had been lost to them following the Russian invasion of Ukraine in February 2022.
The claim was for the…
A decision made by the High Court in Nairobi in June 2025 has set a significant precedent in medical negligence law in Kenya. The court found both a hospital and a consultant gynaecologist jointly and severally liable for severe injuries suffered by a patient following a hysterectomy and related procedures and awarded damages of R21 557 191.
On 29 May 2025, the Gauteng High Court highlighted the far-reaching implications of submitting a claim after the statutory period has expired, as well as the difficulties that arise when key facts remain unsubstantiated. The judgment serves as a warning to brokers, attorneys, and insured individuals alike: missing critical deadlines can extinguish a claim, even…
In this significant, thoughtful and considered judgment, on which the Constitutional Court will no doubt have the final say, the court found that criminal indictments which include the crime of apartheid as a reference to the crime under customary international law in terms of Section 232 of the Constitution, and not the crime of apartheid…
