South Africa and global insurance, financial institutions, banking and general law know–how
In December 2025, the Supreme Court of Appeal found that the bank which provided credit for the purchase of a vehicle was also the “supplier of the vehicle responsible for latent defects” entitling the purchaser to cancel the deal.
The purchaser bought a vehicle which experienced problems relating to the oil cooler and gearbox within…
In November 2025 the Supreme Court of Appeal held that a decision at an informal meeting of the body corporate of a sectional title scheme did not constitute approval of building plans as required in law.
One of six sectional owners relied on an informal decision at a meeting of all owners as approving proposed…
In July 2025, a Minnesota district court held that an insurer held a duty to its insured to defend claims for damages by employees for posting their images on Facebook, Instagram and Twitter because these platforms were not subject to an exclusion in the insurance policy for injury arising out of posting on any “electronic…
In this High Court judgment, the respondent underwriting manager (CIMA), had a binder agreement with the applicant insurer. The binder agreement set out the terms of the mandate given to the UMA, to enter into and administer policies. The UMA was obliged to transact insurance business only within South Africa. The insurer is licensed for…
A May 2025 judgment in the UK high court provides a useful examination of the developments in UK law of vicarious liability for the acts of employees and independent contractors. Vicarious liability is liability imputed to one person for the actions of another over whom they have some control. The developments are similar to those…
The prescribed rate of interest is 10.25% per annum with effect from 1 January 2026. The previous rate was 10.5% per annum.
According to the Prescribed Rate of Interest Act, interest on debts where no rate is prescribed is calculated at the repo rate plus 3.5%. The prescribed rate of interest applies to all debts…
In November 2025, the Ontario Superior Court of Justic found that an alleged trip and fall incident at a restaurant and inn where a wedding was being hosted did not cover liability to a photographer who fell as a result of pre-existing defects on a ramp/pathway over which the principal named insured had no control…
In November 2025, a New South Wales Court of Appeals found that, because the insured “buildings” associated with a petrol station included storage tanks and other “structural improvements” pertaining to the buildings, the underground pipes which connected the petrol storage tanks to the bowsers were part of the insured buildings. Damage to the pipes was…
In a case involving shipping insurance, the English Court of Appeal made some interesting remarks regarding the role played by the sole nominee director of a special purpose company. If the director exercises no independent judgment, makes no decisions, and is contractually obliged to act on the instructions of the decision-maker operating the underlying business…
In October 2025, a Connecticut Federal Court ruled that the insurer did not owe coverage for a property owner’s claim over a burst water pipe that resulted in a sudden settling of a commercial building making it unsafe for tenants. The court found that the policy’s earth movement and settling exclusion applied. According to the…
