Mere notice of a contractual dispute does not itself necessarily constitute a policy claim.
The insured contractor, which subsequently went into liquidation without achieving practical completion of the works, and whose employer sought to claim directly from its indemnity insurers, contracted to attend to alterations and additions to an existing building.
The contractor was insured
The policy under consideration in this judgment contained a Claims Conditions section and recordal that “Breach of these conditions will entitle us to refuse to deal with the relevant claim.”
It was not expressly recorded that compliance with the claims conditions was a condition precedent and the words “condition precedent” were not themselves used. The
The claim by a company, that had done business with a clearing and forwarding agent company, made under section 218(2) of the Companies Act, 2008, which was based on the company having carried on its business recklessly, failed. Section 218 creates liability for any person “who contravenes any provision of this Act”. The claimant failed to identify
In this Supreme Court of Appeal judgment 21.pdf (saflii.org) in a claim for medical negligence damages, the court again cautioned against commencing with an unfavourable outcome and working backwards in search of a cause.
South African and other courts have cautioned that a doctor should not be held negligent simply because something went wrong. That