In this recent Namibian High Court judgment, the insurer argued that the policy was invalid, and could not be concluded, because the formation of an insurance contract depends on the happening of a specified uncertain event and that at the time of the conclusion of the policy the event was already certain.
The insurer
In this judgment the Supreme Court of Appeal decided that the lessor was entitled to evict its tenant as a result of non-payment of rental because the tenant’s pleas that it could not pay rent because of the Covid-19 pandemic could not excuse non-payment from September 2020.
The court said that it was trite that
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
There are still a number of pending Covid-19 policy interpretation cases being dealt with by the courts in England in the coming months. Stonegate v MS Amlin, Various eateries v Allianz and Gregg’s v Zurich all grapple with the issue of aggregation.
Stonegate and the other claimants for example argue that their business interruption insuring
This no-fault compensation scheme previously discussed here, has now amended regulations and directions published on the 4th April 2022, available here.
The purpose of the Scheme is to provide expeditious and easy access to compensation for persons who suffer from a Covid-19 Vaccine Injury caused by the administration of an improved Covid-19
In this recent judgement, the UK High Court dealt with a dispute relating to the policy’s denial of access non-damage clause which provided cover for loss “resulting from interruption or interference with the business where access to or premises is restricted or hindered for more than the franchised period shown in your schedule arising directly
On 11 June 2021, South Africa’s landscape regarding mandatory vaccination in the workplace changed with the publishing of the Consolidated Directions on Occupational Health and Safety in certain workplaces (the Directive). This Directive led to wide debate on an employer’s ability to mandate employees to receive the Covid-19 vaccine. Employers potentially face reputational and financial
While this Ohio Appellate Court judgment found that the insured did not suffer direct physical loss or damage so as to warrant coverage, it also considered the application of the virus exclusion in the policy
The exclusion reads:
“We will not pay for loss or damage caused directly or indirectly by any of the following.
This Californian Appeal Court judgment previously discussed here (Part 1, Part 2 and Part 3)) was also required to consider the insured’s argument that the Civil Authority Coverage Clause applies because the government orders were made in direct response to the continued and increasing presence of the Coronavirus, a dangerous physical condition,
In this Californian Court of Appeal judgment previously discussed here (Part 1 and Part 2) the insured also argued, to support its contention that it incurred a suspension of operations caused by a direct physical loss of or damage to property, that no express exclusion for loss or damage resulting “from any virus”