When a hailstorm damages your crops, you expect your Agri insurer to pay out according to your policy. But what if your crops are washed away by heavy rain before they can be assessed? This was the dilemma faced by a pecan nut farmer in the Northern Cape, who sued his insurer for over R9.6
In an August 2024 Australian Federal Court judgment previously discussed here [“Hemiplegia” – Personal Accident and Sickness Policy (Australia) | Financial Institutions Legal Snapshot], the court found that the insured did not suffer from hemiplegia, and accordingly did not qualify for any benefits under the policy. The court nevertheless considered whether the insured’s
The primary issue the court had to determine in an August 2024 Australian Federal Court judgment was whether the insured’s “Bodily Injury” was “permanent hemiplegia” as defined by the insured’s Professional Sports Personal Accident and Sickness Insurance Policy.
The insured, a former professional football player had suffered a significant injury while
In a February 2024 Australian Supreme Court case the policy provided cover to the insured architect for “civil liability for compensation including the claimant’s legal costs and expenses arising from any Claim first made against the insured during the policy period.”
“Claim” was defined as:
“7.2.1 any writ, application, summons or other originating legal
This blog was co-authored by Rameeza Abdool Sattar, candidate attorney at Norton Rose Fulbright South Africa
The calculation of interest has significant implications for parties being sued, specifically when liability is not yet fixed or when dealing with unliquidated claims like damages claims. This case demonstrates the consequences of delaying payment of capital and interest
The respondent in this application brought by the Prudential Authority was sequestrated for unpaid amounts exceeding R2 million arising from her having conducted the business of a bank, namely acting as a conduit for money for a massive pyramid scheme. Section 11(1) of the Banks Act prohibits any person from conducting the business of a bank unless
A 2005 Australian case has some useful observation about the use of dictionaries in contractual interpretation:
“Dictionaries are not a substitute for the determination of the interpretation and then construction of statutes and other documents.”
In House of Peace Pty Ltd v Bankstown City Council [2000] the court observed, in the context of the use
A fire on a power pole approximately fifty five metres from the appellant’s premises caused the upper arm on the burnt pole to fail, the wiring on that upper arm came into contact with wiring on the lower arm thus causing a high voltage/low voltage intermix. The intermix caused a power surge to the premises
In this Massachusetts Appeal Court judgment the court was required to decide whether the costs of repairing or removing construction defects constituted “damages because of… ‘property damage’ ” within the meaning of a commercial general liability policy of a contractor building.
The homeowner experienced problems in the construction of their home by the insured
In July 2024 an industry guidance issued by the New York Department of Financial Services contains useful guidance (although not always directly related to our own Constitutional values) regarding the use of Artificial Intelligence Systems that External Consumer Data and Information Sources in insurance underwriting and pricing. The guidance arises from its commitment to innovation