South Africa and global insurance, financial institutions, banking and general law know–how
In this appeal judgment, the court considered what constituted “property damage” under the insurer’s Commercial General Liability insurance policy.
Property damage was defined in two ways:
“a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at…
In this New South Wales Supreme Court judgment, the issue was whether the life insured satisfied the definition of “Own Occupation Total and Permanent Disability” under an insurance policy.
The court said that the proper construction of “occupation” in the definition of “Own Occupation” is the employment, trade or business in which that person is…
While this recent Supreme Court of Appeal judgment is a criminal case, with the onus on the State to establish proof beyond a reasonable doubt, it is a reminder for all parties to an insurance transaction of the burden upon the accuser establishing intent to defraud. In civil proceedings the burden of proof is on…
In this July 2023 appeal judgment discussed here [Meaning of ‘Defect in an Item’ Homeowner’s Insurance (Australia)], the policy in question provided “you must take reasonable precautions to prevent anything which could result in the claim under this policy”.
It was agreed that compliance with the clause was a condition precedent to cover. …
In this July 2023 appeal judgment previously discussed here Insurance and reasonable precautions clauses (Australia) | Financial Institutions Legal Snapshot one of the issues for consideration was the meaning of “defect in an item” where the policy provided cover to the insured’s buildings and contents for accidental damage or accidental loss but which excluded…
In this court of appeal judgment the court was required to consider the judgment of the lower court previously discussed here.
The reinsurer’s grounds of appeal were that:
Loss of Use and Physical Damage from Business Interruption and Covid (USA)
This Pennsylvanian Supreme Court judgement overturned all of the lower court judgments and found that the insured was not entitled to insurance coverage under the plain and unambiguous language of the policy because his business properties covered did not sustain any physical loss…
The general principles of contractual interpretation (remembering that an insurance policy is a form of contract) summarised by the Supreme Court of Appeal in this recent judgment are worth repeating, and remembering:
“[27] The principles to be applied in interpreting written documents are now well settled, but it would be useful for present purposes to…
This January 2024 judgment considered the application a fraud exclusion in the UK Attorneys Professional Indemnity Insurance Policy.
The relevant exclusion headed “Fraud or Dishonesty” provided that Axis was to have no liability for:
“Any claims directly or indirectly arising out of or in any way involving dishonest or fraudulent acts, errors or omissions…
This Delaware District Court judgment considered the insured’s claim under the insurer’s Not-For-Profit Entity and Directors, Officers Liability Insurance Policy (“the Policy”).
The Policy the parties explicitly excluded any claim “alleging, arising out of, based upon or attributable to any actual or alleged contractual liability of [SAEDF] under any express contract or agreement.”
The…
