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Infectious disease extension

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SCA rejects rectification bid to remove infectious disease cover

Photo of Donald DinniePhoto of Ina IyerPhoto of Tristan Marot
By Donald Dinnie, Ina Iyer & Tristan Marot on November 25, 2025

Rectification is a narrow, exceptional remedy. It requires clear proof that the written agreement does not reflect the parties’ common intention at the time of contracting. It is not a way to improve a bad bargain after the fact. On the facts of this SCA decision, the insurance policy matched the signed placing slip and…

Posted in Insurance

COVID-19 infectious disease extensions and the FCA test case

Photo of Donald Dinnie
By Donald Dinnie on November 12, 2020

The English high court, in a test case between the Financial Conduct Authority and Arch Insurance (UK) Limited and a number of other insurers, engaged in a nuanced analysis of their different policy wordings relating to business interruption cover for COVID-19 related losses. The court largely sought to resolve causation issues by interpreting each…

Posted in Insurance

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Norton Rose Fulbright’s financial institutions team provides straightforward legal updates. Our lawyers offer local insights with an international perspective recognised worldwide. This blog focuses on the South African market and is about sharing knowledge with you. Blog posts are not legal advice.

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