This US judgment’s summary of Michigan insurance law will be largely familiar to South African readers: “An insurance policy is much the same as any other contract. It is an agreement between the parties in which a court will determine what the agreement was and effectuate the intent of the parties. Accordingly, the court must … Continue reading
An insurance coverage dispute arose out of the construction of a “disappearing floor pool” at a residential home in Montana, US. The pool and spa included several water features such as an infinity edge, a basin to catch water overspilling the edge (a “vanishing edge basin”), a movable and disappearing pool and spa deck, a … Continue reading
In 2021, a warehouse developed by a property developer and already occupied by the tenant collapsed during a tornado causing injuries and deaths. The developer sought an indemnity under its insurance policy covering bodily injury and property damage liability. The right to indemnity was declined by the court because the warehouse was neither explicitly nor … Continue reading
In a claim for damages for personal injury arising from an event on the defendant airline, the Court of Justice for the European Union found that, for the purposes of Article 17 of the Montreal Convention, an accident can be an unforeseen, harmful, and involuntary series of intrinsically linked events taking place successively, without interruption, in … Continue reading
The plaintiff insured instituted action against the defendant insurer, in relation to a claim arising from a fire on the insured farm (in May 2015) which the plaintiff alleged resulted in damage in the sum of around R14 million. The plaintiff’s insurance claim was rejected by the insurer in June 2016 on the grounds that … Continue reading
The insured instituted a claim against the respondent insurer for payment of the replacement value of his stolen motor vehicle. The claim was rejected by the insurer, who alleged that the insured had supplied it with dishonest information when making the claim. The insured alleged that he had given a lift to two women and … Continue reading
Mokgoke v Momentum Insure Company Limited (NCT/279251/75(1)(b) – Rule 34) [2023] ZANCT 35 (20 September 2023) The applicant submitted a claim to his insurer, water leakage of his motor vehicle in June 2020. Two days later the insurer collected the vehicle and referred it to various service providers. The insurer informed the applicant that his … Continue reading
Under a “claims-made” liability insurance policy, whether a communication to the insured constitutes a “claim” or a “claim for damages” determines whether the policy is applicable to the claim. The Delaware Supreme Court held that an unclear and amorphous letter from an attorney did not constitute a “claim for damages” required by the policy. A … Continue reading
In a November 2023 judgment the High Court dealt with the principles of interpretation applicable to a trust deed. The question centred around which beneficiaries of the trust were entitled to a capital payment. The donor had since died and her and her late son’s estates were two of the four beneficiaries so entitled according … Continue reading
Hollard Insurance Company Ltd and Others v Insure Group Management Ltd (in liquidation) and Others (21/43014) [2023] ZAGPJHC 371 (25 April 2023) A number of insurers issued summons against an intermediary (the first defendant), its auditor (the second defendant) and its compliance officer (the third defendant) in relation to premiums collected by the intermediary and … Continue reading
Van Tonder v Road Accident Fund (1736/2020; 9773/2021) [2023] ZAWCHC 305 (1 December 2023) The court consolidated two matters against the Road Accident Fund, for payment of each plaintiff’s past medical and hospital expenses, which were rejected by the RAF due to the fact that both plaintiffs were members of private medical aid schemes, who … Continue reading
Avian Influenza (Bird Flu) is a highly contagious viral disease affecting domestic poultry and wild birds. It is a significant concern to poultry farmers in South Africa. South Africa’s recent Bird Flu outbreak highlighted the need for appropriate insurance for these events. The South African Poultry Association (SAPA) has confirmed that South Africa’s 2023 Bird … Continue reading
The Supreme Court for England and Wales (ESC) recently ruled that while doctors owe a duty of care towards their patients, they do not owe a similar duty to that patient’s family. Like South African law, English law allows those who suffer mental injury after witnessing an accident to sue for damages as a secondary … Continue reading
TWK Agri (Pty) Ltd v Botha and Others (J125/2023) [2023] ZALCJHB 42 (7 March 2023) Restraint of Trade Upheld. TWK, the applicant, is a broker of non-life and life insurance, with products marketed by a network of brokers. MRA Brokers, the third respondent, is a competitor broker. Botha and Strydom, the first and second respondents, … Continue reading
Three 2023 decisions of the Competition Authorities provide a useful guide to their approach to insurance acquisitions in South Africa and expansion into Africa. Sanlam Emerging Markets Proprietary Limited and Another v SAN JV (RF) Proprietary Limited [2023] ZACT 40; [2023] 3 CPLR 44 (CT) (17 August 2023) https://www.saflii.org/za/cases/ZACT/2023/40.html In August 2023, the Competition Tribunal … Continue reading
The Supreme Court of Appeal (SCA) upheld an arbitration award that was challenged by the buyers of shares in a company, who argued that the arbitrator had ignored their suggestion to hold a separate hearing on one of the claims. The SCA found that the suggestion was not binding on the arbitrator, and that he … Continue reading
Res ipsa loquitur (the thing speaks for itself) refers to the inference of negligence drawn from the facts of a particular occurrence, where the occurrence itself is the only available fact from which such negligence can be deduced. Does res ipsa loquitur apply in cases involving falling objects? In Eze v Adderley Body Corporate (https://www.saflii.org/za/cases/ZAWCHC/2024/7.html), … Continue reading
Natasha Naidoo, director at Norton Rose Fulbright SA, was recently invited to exclusively author the South African Chapter of the 5th Edition of The Legal 500: Pharmaceutical Advertising Comparative Guide. The Chapter provides a comprehensive overview of Pharmaceutical Advertising Laws and Regulations applicable, not only to the pharmaceutical industry but also to healthcare practitioners in … Continue reading
The Free State High Court confirms in J.H.V v Centlec (SOC) Ltd and Others that an acknowledgement of liability by the debtor interrupts prescription, even if the acknowledgement is not made directly to the creditor. The applicant approached the High Court for a declaratory order that he was not indebted to Centlec SOC Ltd, the municipal electricity … Continue reading
This is a strange judgment from the Pretoria High Court. The insured sought an order that the insurer pay the alleged value of his motor vehicle, after it had allegedly been written off in an accident. The court noted that the insurer had “repudiated his claim due to non-disclosure of material information at the inception … Continue reading
The claimant sued two farmers for damages sustained following a collision with the defendants’ calf on the N8. The claimant sustained injuries when he swerved to the left to avoid the calf on the road. The defendants were found liable for the damages sustained by the claimant as a result of the collision for their … Continue reading
The insured pharmaceutical company was sued for flooding the California pharmaceutical market with opioids, concealing the facts, disregarding its duties, and ignoring risks as a result of which people became addicted and even died as a result of opioid use. The insured sought an indemnity from the insurer’s which covered “bodily injury caused by an … Continue reading
A US court held in January 2024 that where the coverage provided by one insurer “shall be in excess over any other valid and collectable insurance available to the Insured … unless such insurance is written only as specific excess insurance over the limit of liability provided in this policy” did not overlap with a … Continue reading
A voetstoots clause in a contract of sale provides that the buyer accepts the thing sold ‘as it stands’ with all existing defects and that the seller, who does not act fraudulently, is not responsible for any hidden defects. The buyer can however have recourse if the seller intentionally conceals the known defects or provides … Continue reading