Keaoleboga Molefe

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Beware of Accidental Cyber Coverage

A US appeals court reversed a judgment of the lower court which had declined to read-in cyber coverage in a commercial general liability policy. The insured operated retail properties and took out a commercial general liability policy (“the CGL Policy”) with the insurer. During the periods of May 2014 and December 2015 the insured’s credit … Continue reading

Can an amendment of quantum be considered a reopening of the issues?

The Western Cape High Court erroneously held in Oliver NO v MEC for Health Western Cape and City of Cape Town that the deceased plaintiff’s non-pecuniary claim for general damages did not transfer to her estate as the matter had not reached litis contestatio (close of pleadings) because the summons had been amended to increase … Continue reading

Cannabis grow clubs held not legal by court

The applicant failed to persuade the Western Cape High Court to extend the right to privately cultivate cannabis established in the Minister of Justice and Constitutional Development and Others v Prince [2018] ZACC 30 to grow clubs. In the Prince case, the court held that the prohibition of cannabis use is unconstitutional in as far … Continue reading

Broker’s liability to clients (Australia)

This is an Australian case which concerns legal duties that a broker owes to its client (the insured) and the burden of proof that lies with the insured in showing whether brokers breached their legal duty. The broker provided the client with insurance brokerage services for over 30 years. The broker had obtained all-inclusive building … Continue reading

Condonation for late notice of intention to sue

Claimants who sue the State often have to apply for condonation for late notice, because the State must be notified of an intention to sue within 6 months of an incident occurring, and many claimants are unaware of this special time restriction. In Ndlovu v Member of the Executive Council for Police, Roads and Transport: … Continue reading