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Directors & Officers insurance – Exclusion for director gaining personal advantage (AUS)

Photo of Patrick Bracher (ZA)By Patrick Bracher (ZA) on Posted in Insurance, Uncategorized
The Federal Court of Australia found in March 2023 that a claim under a Directors & Officers Policy was excluded because the director had gained personal advantage from his wrongful act to which he was not legally entitled when he concealed information to avoid cancellation of a contract held with another company owned and controlled … Continue reading

Business interruption insurance: commencement of the Indemnity Period (UK)

Photo of Donald DinnieBy Donald Dinnie on Posted in Insurance, Uncategorized
In this English court judgment, the parties were in dispute whether the Indemnity Period begins with the commencement of the interruption or interference with the insured business or with the occurrence of the Covered Event. The definition of Indemnity Period in the policy read: “Indemnity Period means the period of time during which interruption or … Continue reading

Covid-19 business interruption claims, savings and government assistance (UK)

Photo of Donald DinnieBy Donald Dinnie on Posted in Insurance, Uncategorized
In these October 2022 judgments (judgment 1 and judgment 2), the court held that government furlough payments were to be deducted from loss calculations as savings. The insured’s argument that the payments were simply a reimbursement of employment costs was rejected. The courts had regard to the basic rules of a contract of indemnity and … Continue reading

Business interruption claims and Additional Increased Cost of Working (UK)

Photo of Donald DinnieBy Donald Dinnie on Posted in Insurance, Uncategorized
In this October 2022 judgment, the English high court found that the cover for Additional Increased Cost of Working (AICW) was limited to those costs incurred by the insured that were not “economic” Increased Cost of Working (ICW). The costs are economic if the increased costs and expenses have the effect of diminishing or avoiding … Continue reading

New Zealand court says Uber drivers are employees

Photo of Laura MacfarlaneBy Laura Macfarlane and Heidi Davis on Posted in General, Uncategorized
In an October 2022 judgment, the New Zealand Employment Courts concluded that Uber drivers are employees who are entitled to the protection and benefits offered by their employment law. This decision will encourage voices advocating for the rights of Gig workers globally to be aligned with those of more traditional employees. The Gig economy refers … Continue reading

Insurance, rejection, Time Bar clauses and rejection of insurance claims (Botswana)

Photo of Donald DinnieBy Donald Dinnie on Posted in Insurance, Uncategorized
In Majwe Mining Joint Venture (Pty) Ltd v Old Mutual Short-Term Insurance (Botswana) Limited, the Botswana appeal court was required to consider the date from which the time bar period provided for in the General Conditions in an insurance policy started running following the insurer’s disclaiming of liability for an indemnity. In a communication of … Continue reading

High court finds digitally commissioned affidavit not properly signed

Photo of Amber KardamilakisBy Amber Kardamilakis on Posted in Uncategorized
This blog was co-authored by: Caitlin Gardiner, Candidate Attorney The South African court system has found itself in a new digitised era following the restrictive lock‑down measures introduced as a result of the Covid-19 pandemic. Directives were introduced to safeguard the public’s access to justice which included the widespread adoption of remote technologies such as … Continue reading

Trade credit insurance and Sharia-compliant finance (Australia)

Photo of Donald DinnieBy Donald Dinnie on Posted in Uncategorized
This judgement dealt with a trade credit insurance policy issued by the insurer. Trade credit insurance is a business insurance product which indemnifies a seller against losses from non-payment of a commercial trade debt. The insurer usually pays an agreed percentage of an invoice or a receivable that remains unpaid because of protracted default, insolvency … Continue reading

Certain private bodies exempted from compiling information manual

Photo of Patrick Bracher (ZA)By Patrick Bracher (ZA) on Posted in Uncategorized
The Promotion of Access to Information Act of 2000 requires most entities to provide an information manual setting out the documents which are readily available to anyone seeking information from the entity.  The number of businesses, including private companies, required to prepare a manual is inestimable.  Some private companies have now been exempted from the … Continue reading

Business interruption claims and physical damage

Photo of Donald DinnieBy Donald Dinnie on Posted in General, Uncategorized
There has been a plethora of Covid-19 policy coverage litigation across the United States.  Absent non-damage extensions under business interruption policies the courts have had to consider whether amongst other things government restrictions on businesses including shutdown orders constituted interruption of business caused by loss to property insured.  That included whether those restrictions on businesses … Continue reading

Asylum seekers with expired visas remain protected

Photo of Laura MacfarlaneBy Laura Macfarlane on Posted in Uncategorized
On 22 April 2021, the Western Cape High Court dismissed, with costs, an application for leave to appeal sought by the Department of Home Affairs against the judgment handed down on 20 November 2020[1]suspending the operation of provisions of the Refugees Act, 1998 and the Regulations until the constitutional challenge to the provisions has been … Continue reading
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