This blog was co-authored by William Hayne, Candidate Attorney.
In September 2024 the High Court found that the policy wording and section 54 of the Long-term Insurance Act of 1998 allowed the policyholder to either cancel her investment policy as a whole or make a partial withdrawal but not both.
The policyholder had invested her inheritance
This blog was co-authored by Phumla Zitha, Candidate Attorney.
Time is of the essence in cases of shoulder dystocia during childbirth. Shoulder dystocia is a medical condition that occurs when one or both baby’s shoulders become stuck behind the mother’s pelvic bone after the head has been delivered. Immediate medical intervention is required as a
This is a judgment which was given in peculiar circumstances. The insurer belatedly and out of time submitted its heads of argument and its counsel, due to an oversight, did not appear to argue the matter.
The parties in respect of a dispute under the insured’s Comprehensive Buildings Cover had pre-agreed a stated case.
The insured
In the recent case, the High Court of South Africa dealt with an application for the rescission of two court orders. These orders were related to a settlement agreement following defaults on loan repayments by the Applicants.
The applicants had entered into a settlement agreement with the respondents (Bank) after defaulting on their loan repayments.
A judgment of the UK Supreme Court in November 2024 includes the following summary of an important international law principle:
“It is an established principle of many national legal systems including England, that questions as regards rights to and interests in land and other immovable property are governed by the law of the country in
In November 2024, a US West Virginia appeal court found that a motorist who shot and killed another motorist in a road rage incident was not entitled to an indemnity under his motor policy because the shooting of the gun was “wholly unrelated to the inherent nature of the vehicle”.
A trucking company owner, driving
A recent Financial Services Tribunal decision, handed down on 28 October 2024 in the matter Seth Bouah v Sanlam Umbrella Provident Fund and Others with Case No: PFA29/2024, confirmed that the Pension Funds Adjudicator (OPFA) lacks jurisdiction to entertain unapproved disability benefit claims underwritten by the insurer.
The main issue which was under re-consideration was
This blog was co-authored by Jeneil Peterson, Candidate Attorney.
In October 2024 the High Court addressed a claim involving the birth injury of a child at a Gauteng provincial hospital. The court found that proper medical care during childbirth would have prevented cerebral palsy of the child and found in favour of the claimant, holding
This blog was co-authored by Yuveshen Naidoo, Candidate Attorney.
In November 2024, the High Court considered whether a bank was delictually liable for financial loss caused by a fraudulent email scheme perpetrated by their customer on a third party. The court dismissed the claim and held that the bank’s obligations under the Financial Intelligence Centre
The California Department of Insurance (CDI) reports in November 2024 that four Los Angeles area residents have been charged with insurance fraud and conspiracy after claiming that over USD140 000 in damages to luxury vehicles was caused by a bear. Videos submitted to the insurers show a person in a bear costume damaging the vehicles. The