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
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
In this high court judgment the court considered whether “at the premises” disease cover entailed the same approach to proximate causation as the disease cover considered by the Supreme Court in Financial Conduct Authority v Arch Insurance (UK) Limited [2021] UK SC 1. The relevant wording of the policy in the lead action read: “The … Continue reading
The questions on appeal in this Supreme Court of Appeal judgment were whether the policy fraud clauses entitled the insurer to repayment of all the amounts paid to the insured subsequent to the insured event when the insured with full knowledge of his misrepresentations submitted a partly fraudulent claim; whether the doctrine of accrued rights … Continue reading
In this Supreme Court of Appeal judgment the court confirmed that insured persons are under a duty to act in good faith in their dealings with insurers. Accordingly, the wilful lodgement of a false claim by the insured constitutes the breach of a duty of good faith which entitles the insurer to terminate the policy. … Continue reading
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
In this April 2023 judgment the UK Court of Appeal found that an insured may have an insurable interest in cargos of grain in circumstances where they do not form an identified part of the bulk grain stored or shipped. In a dispute that dealt with a claim under a Marine Cargo Open Policy, the … Continue reading
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
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
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
In April 2023 this decision of the Financial Services Tribunal application was made for reconsideration of the decision of the FSCA to debar a natural person. In the context of the FAIS Act a fit and proper person is someone who is considered to have the necessary integrity, competence and financial soundness to operate as … Continue reading
Volume 12 of Norton Rose Fulbright’s Big Read Book series is now out. It is a comprehensive review of judgments dealing with the quantum for damages in medical malpractice cases and which can be found here. This volume reviews proof of special damages including contingency deduction, life expectancy and loss of earnings. We look at quantifying … Continue reading
This blog was co-authored with Maano Manavhela, Candidate Attorney. In this case, the applicant (Eskom’s captive non-life insurer) applied to the Financial Services Tribunal for the reconsideration of a R5 million penalty imposed by the Prudential Authority. The insurer was fined R5 million for contravening the Insurance Act and two of the Prudential Authority Standards … Continue reading
This interesting judgment dealt with a bomb which was dropped by hostile German forces in Exeter in 1942. The bomb did not explode and lay undiscovered until 2021 when it was unearthed during building works. Bomb disposal experts were called in. They decided that the bomb could not safely be diffused nor moved and detonated … Continue reading
In this judgment the life insurer had rejected the life insured’s claim for an indemnity both on the basis that the insurance cover had expired on 30 November 2015 and that there was no evidence that the insured had become totally and permanently unable to perform his work as at that date, alternatively if the … Continue reading
A February 2023 High Court judgment which dealt with a Covid-19 business interruption claim under the business interruption non-damage extension considered the nature of a composite and joint insurance policy. On the facts the court was satisfied that the third applicant was a joint insured under the policy. The court also held that the second, … Continue reading
In this case, class action proceedings were brought against the insured claiming damages for property loss arising from the release of, or failure to release, water from two dams. The liability of the insured arose out of its agreement to provide flood management services to the dam operator. The insured had been held vicariously liable … Continue reading
This December 2022 Australian judgment of Ritchie v Insurance Australia [2022] NSWCA 278) considered an event where two employees of the insured were engaged in installing reinforced steel into trenches as part of a residential building works and used a power cutter fitted with a cutting blade to cut reinforcing steel. The use of the … Continue reading
In this recent Namibian High Court judgment, the insurer argued that the policy was invalid, and could not be concluded, because the formation of an insurance contract depends on the happening of a specified uncertain event and that at the time of the conclusion of the policy the event was already certain. The insurer argued … Continue reading
In Govender v Guardrisk, the insurer rejected liability under the policy on the basis that the insured had failed to “…take all reasonable precautions to prevent loss, damage, accidents…” as required by the relevant clause in the general terms and conditions of the policy. The defence failed because the insurer failed to prove that the … Continue reading
In this judgment (dealt with here on material non-disclosure) the second material issue dealt with by the court was whether the insured truthfully represented his medical conditions in relation to his continued ability to work. The insurer alleged that the insured did not tell either the insurer or the examining doctor that he could perform … Continue reading
Big Read Book Series Volume 11 Norton Rose Fulbright South Africa’s Review of South African insurance judgments of 2022 is now out. You can view / download a copy of it HERE. Big Read Book Volume 11 is a comprehensive review of all the significant South African insurance judgments delivered in 2022. Volumes 4, 7 … Continue reading
In this judgment, the insured had two life policies with the insurer, which included life cover, severe illness benefits, and income continuation benefits. The insured amended the policies a number of times, but on none of these occasions did the insured disclose that he had been diagnosed with and treated for clinical depression. The court … Continue reading
This blog was co-authored by Sebenzile Magagula, Candidate Attorney The plaintiff in this judgment sustained a lower back injury on the morning of his work shift in the defendant’s automotive manufacturing plant. The injury was sustained whilst operating the rear axle assembly line, shortly after he had been moved from the Press to the SSB … Continue reading