In early June 2025 the Federal Court of Australia held that the following term in a home and contents insurance policy was not ambiguous because it implied materiality, it did not cause a significant imbalance in the rights and obligations of the parties, and it was reasonably necessary to protect the insurer’s legitimate interests:
Tell
The issue which the parties sought to have determined were whether the benefits of a life insurance policy received by the surviving community-of-property spouse as beneficiary were protected under section 63 of the Long-term Insurance Act, 1998 (LTIA). The provisional trustees of the insolvent joint estate alleged that the transaction, by which the benefits were immediately
In April 2025, a Connecticut, US, decision held that rainwater that flooded a roof which a roof drain could not handle, thus flooding the roof terrace and entering the third floor of a building under the closed terrace door was not “surface water” for the purposes of an exclusion in the policy.
An all-risk commercial
On 29 May 2025, the Gauteng High Court highlighted the far-reaching implications of submitting a claim after the statutory period has expired, as well as the difficulties that arise when key facts remain unsubstantiated. The judgment serves as a warning to brokers, attorneys, and insured individuals alike: missing critical deadlines can extinguish a claim, even
A May 2025 high court decision provides a crisp reminder of what an exception is meant to achieve and assists in clarifying the approach an insurer may take when a claimant cites the underwriting manager as defendant. Norman Luxury Tours sued Stalker Hutchinson Admiral, described in the summons as acting “on behalf of” Santam, after
The Bank had loaned money to the owners of the vessel “TERAS LYZA” (the Vessel). To secure the loan, the Bank registered a mortgage over the vessel and insured their interest in the vessel with marine insurance underwriters (the Insurer).
The marine insurance policy covered the hull and machinery (Section A – USD56 million) with
This blog is co-authored by Kamogelo Madiba, a candidate attorney.
A May 2025 judgment dealt with life insurance claims where beneficiaries are suspected of involvement in the insured’s demise. The court made no finding but gave some useful reminders of the rights of the insured and the insurer.
During July 2021, the insured was murdered
On 30 April 2025, the Singapore High Court held that the insurers of a rig lost while under tow should pay a claim under a hull and machinery policy governed by English law. In doing so, the court held that if a ship is shown to be seaworthy and subsequently sinks in unexplained circumstances, the
An appeal court judgment from Virginia, USA upheld the lower court’s finding that the bump-up exclusion in a D&O policy excluded insurers’ liability to indemnify a merging party against a USD90 million federal securities law claims by shareholders. The claimants alleged that the amount received for the shares in the merger were too low because of
An appeal court in the US state of Virginia has reaffirmed the caution to resist the temptation to find ambiguity in the wording of a policy (and therefore any contract). A great many words – viewed in isolation – have alternative, and sometimes quite different, dictionary meanings. We must resist the temptation to “give up