Donald Dinnie

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Policy interpretation: flood endorsement (Botswana)

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

Imputed knowledge of insurers (UK)

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

Section 35 of COIDA – Liability Insurance

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

Arising from, in connection with, directly or indirectly, arising directly or indirectly from or in any way connected with: insurance (Aus)

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

Bankers blanket bond insurance

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

Draft guidance note for insurers: climate-related risks

Here Climate Guidance_Disclosures_Insurers (resbank.co.za) the Prudential Authority’s draft guidance notes for insurers and climate-related risks and disclosures.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

Insurable interest (UK)

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

To stand or not to stand – a case of legal standing

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

Defamation damages for disclosing HIV status

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

Contractual or delictual liability

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

Insurance and aggregation clauses (UK)

There is a substantial body of English case law explaining the import of a contrast between different aggregation clauses. AXA Reinsurance (UK) PLC v Field (1996) 1 WLR 1026 at 1035 contrasted the words “arising from one originating cause” with the words “arising out of one event” used to define the unifying factor used in … Continue reading

Covid-19 Insurance and Damage (UK)

In this judgment the insured restaurant argued that the requirement in the murder, suicide or disease extension that the interruption or interference with the insured business be caused by damage did not require physical damage. It was common cause that there had been no physical loss or damage to the insured premises or property used … Continue reading

School Injury and Liability

This blog was co-authored with: Maano Manavhela, Candidate Attorney In this case, the Plaintiff’s two children aged 5 and 6 years old, sustained severe injuries at Shoshanguve Primary school when a newly constructed gate fell on them whilst they were on their way to the school’s portable toilets unsupervised. These severe injuries included broken bones … Continue reading

The aim of FAIS debarment

In an April 2023 Financial Services Tribunal decision (T Singh v Marsh) previously discussed here (The FAIS Act and debarment: fit and proper), (The jurisdictional requirements for FAIS debarment) and (FAIS debarment: an honest person with integrity), the Tribunal reminded us that debarment is not aimed at punishing the relevant financial services provider but rather … Continue reading

FAIS debarment: an honest person with integrity

In the April 2023 Tribunal decision discussed here (The FAIS Act and debarment: fit and proper) and here (The jurisdictional requirements for FAIS debarment) the Tribunal considered a requirement that a fit and proper person must be an honest person with integrity. With regard to the element of dishonesty the Tribunal referred to the decision … Continue reading

The jurisdictional requirements for FAIS debarment

In its April 2023 Tribunal decision, discussed here, the Tribunal discussed the three jurisdictional requirements for debarment. They should be borne in mind before proceeding with any debarment steps: “The reason for debarment must have occurred or must have been known to the financial service provider while the person was a representative of the provider. … Continue reading
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