The circumstances of this public and product liability insurance claim will be familiar to insurers. An excavator was being transported from a mine site owned and operated by a third party to the insured Kerembla’s depot. The excavator had been loaded by employees of Kerembla onto a back of a trailer attached to a prime … Continue reading
The Supreme Court of Appeal in this judgment, found that sections 154, 167 and 231 of the Financial Sector Regulation Act 2017 are not unconstitutional nor invalid. The correct interpretation of section 154 (which entitles the Financial Services Conduct Authority to make a debarment order after consultation) is that it does not exclude the Authority from … Continue reading
In this judgment considered here and here the policy under consideration included an Extension which deleted the previous Perils Excluded wording and replaced it with: “All costs rendered necessary by defects of material workmanship, design, plan or specification and should damage (which for the purposes of this exclusion shall include any patent detrimental change in … Continue reading
In this judgment, discussed in part 1 here the insurer in rejecting the claim argued that the insured property had to be altered, not merely defectively constructed, in order to constitute “physical loss” or “damage”. The insurer argued that the insured property was not altered because the honeycombed concrete components were defective from the time … Continue reading
In this appeal judgment, the court dealt with an insurance claim in which the insured’s motor vehicle was written off in a collision. The insured claimed damages in his summons based on the market-related value of the vehicle. The issue on appeal was whether the insured had produced evidence that supported his pleaded case on … Continue reading
In this judgment the insured was hired to build a bridge and obtained a “builder’s risk policy” from the insurer. In building and integrating the supportive structures of the bridge, the insured’s poor vibration of concrete resulted in construction formations known as honeycombing and voiding which harmed the structural integrity of the bridge. Consequently, the … Continue reading
In this recent judgment the insurer unsuccessfully rejected policy liability on the basis of a material misrepresentation, alternatively, breach of a warranty. Insurance had been obtained for a once-off all-risks transit cover for personal protective equipment face masks. In proposing for the insurance, it was recorded that the transit would be done by professional third-party … Continue reading
This Supreme Court of Appeal judgment grappled with whether the claim involving latent and undisclosed defects discovered sometime after the claimant had purchased the property, had prescribed. It is well established law that the debt becomes due, and prescription begins to run, when the creditor has the minimum facts necessary to institute action. The running … Continue reading
In this October 2023 appeal the Australia supreme court dealt with complex facts and interpretation regarding the application of a contracts work exclusion in the insurer’s home insurance policy. The insured’s substantial residential home was destroyed by a fire while undergoing renovation works and had to be demolished. The fire started in a green rubbish … Continue reading
In this recent Australian judgment the appeal court said: “The contra proferentem principle is a rule of last resort. The rule acknowledges that, in cases of ambiguity, a liberal approach may be adopted in the construction of an insurance contract. However, it is preferable that the court should struggle with the words used as applied … Continue reading
In this judgment, the claimants claimed in delict for loss of support arising from the death by suicide of the claimants’ husband and father. The deceased had been involved in a motorcycle accident in which he collided with another vehicle driven by a driver insured in terms of the Road Accident Fund Act. As a … Continue reading
The Covid-19 insurance litigation continues in the United States of America. The matters are now reaching the appeal courts. In this September 2023 Nevada Supreme Court judgment the appeal court overturned the lower court’s decision to allow the case to proceed. The court found that the Covid-19 virus did not constitute “direct physical loss or … Continue reading
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
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
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
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
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
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
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
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
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
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
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
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