South Africa and global insurance, financial institutions, banking and general law know–how
The new UK Arbitration Act modernises the Arbitration Act of 1996 and will come into force on a date to be appointed.
Companies doing business or arbitrating subject to the laws of England should familiarise themselves with the key reforms in the 2025 act, which you can read about in this article from our London…
In this judgment the applicant retired in 2020 and arranged for his pension fund to transfer his retirement benefit to the respondent insurer, after withdrawing the tax-free lump sum (one third of his pension benefits). The funds were invested in a number of life and annuity policies.
The applicant tried to cancel the policies a…
The plaintiff sued the defendants for damages, caused by a fire that originated on the defendants’ property, a farm in the Eastern Cape. The parties settled the claim a day before the trial, with the defendant accepting 80% liability for the plaintiff’s damages. The settlement agreement was reduced to writing and signed, in the form…
In this November 2024 judgment the insured sued the insurer under a salary protection policy. The insured had attempted to take out various policies with the respondent insurer between 2015 and 2020, but her applications were declined due to the disclosure of her medical conditions. Her 2020 attempt resulted in her being asked to undergo…
In this criminal case where the victims were targeted in order for insurance benefits to be claimed from funeral policies, the court said:
“We live in a country where the majority of the people live below the poverty line. The temptation to cover these people for funeral policies is rife for unscrupulous people. It is…
This is another matter where the court considered the onus and evidence necessary to be lead to establish proof of quantum of the insured’s claim again an insurer, arising out of a motor vehicle accident. There was no separation between merits and quantum. The insurer appealed the judgment, on the basis that the insured had…
The plaintiff sued the insurer under a motor vehicle policy. The policy provided cover for repairs, or the retail value of the vehicle if the cost of repair was 65% or more of the retail value.
Merits and quantum were not separated, so the plaintiff had to prove both liability and quantum at the same…
Under Kentucky Law “Misrepresentations, omissions, and incorrect statements” on the application for an insurance policy can preclude recovery if those representations are:
“(1) Fraudulent; or
(2) Material either to the acceptance of the risk, or to the hazard assumed by the insurer; or
(3) The insurer in good faith would either not have issued the…
In this UK Court of Appeal judgment the dispute concerned a time-limited occurrence-based construction all risk policy.
Among the issues in dispute was whether in a time-limited occurrence policy, cover extends beyond the period of insurance for “deterioration and development damage” flowing from damage first occurring within the period of insurance.
The court held…
This blog was co-authored by Boitumelo Phillips, Candidate Attorney.
The matter between MJF and University Hospitals Birmingham NHS Foundation Trust in the English High Court provides answers to how a court will assess the reliability of witnesses in the face of differing medical records.
In March 2016, the claimant had a gastrostomy feeding tube inserted…
