In a recent decision of the English High Court, the court held that the non-compliance of an insured with conditions excused the insurer from liability in its policy with its insurer, including those relating to the notification and investigation of a claim.
The liability of the insurer for the claim, brought by a third party
A January 2026 High Court judgment confirmed, yet again, that an insurer issuing an advance payment guarantee is obliged to honour a demand for payment where the demand complied with the terms of the guarantee. Disputes over payment certificates are managed under the construction contract. The court reaffirmed the autonomous nature of demand guarantees and
In January 2026, the High Court held that a completed beneficiary nomination form that reached the insurer during the lifetime of the Insured, was effective despite an incorrect policy number noted on the form. The court highlighted that administrative errors that do not affect the clarity of the nomination, will not override the insured’s intention.
This recent New South Wales Supreme Court judgment articulates the well‑established position in jurisdictions around the world, including South Africa, that the words “arising from” in a policy require a less close causal connection between the causal event and the harm than the phrase “caused by”.
Judgments from Australia and other common law jurisdictions consistently
In November 2025, the High Court dismissed a claim arising from a slip-and-fall incident at a shopping mall, confirming that not all accidents imply fault or liability.
The claimant slipped on a “slap” chip on the mall’s walkway and sustained a fractured wrist. She alleged that the mall’s independent cleaning contractor were negligent in failing
A provincial road authority may be held primarily liable for injuries caused by a dangerous pothole, even where the driver contributed to the accident by driving too fast for the prevailing conditions. A failure to repair the pothole or warn motorists may amount to a breach of the authority’s duty of care and be the
A performance guarantee may be enforceable even where the beneficiary holds only a copy of the guarantee, if the evidence shows that the guarantee was issued and intended to operate.
In a 2025 High Court judgment, an employer awarded a construction contract to a contractor acting through a joint venture. Under the contract, the contractor
A 2025 High Court judgment confirmed that even where an insurer relies on an anti-churn clause to protect its policy book, urgent court relief restraining the intermediary from moving the policies will not be granted if the dispute can be resolved through arbitration within a short period and no immediate harm is shown.
In 2021
In this June 2025, Labour Court of South Africa, Johannesburg, judgment the first respondent was employed by the applicant as a short-term insurance broker, in its insurance division. The employment terms included a restraint of trade and confidentiality agreement.
The first respondent gave notice of his resignation to the applicant and commenced employment with the
A January 2026 judgment of the Superior Court of Ontario held that where a policy provided that all demands and allegations arising from a common set of circumstances would be considered as a single claim, the policy responded to a lawsuit that commenced after the policy period because the circumstances that gave rise to the