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

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

“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 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