The insured was sued by purchasers of his home for negligently or deliberately failing to disclose termite infestation at the time of the sale. He unsuccessfully sought cover under his homeowner insurance policy because the policy covered only property damage “due to an occurrence” whereas the property damage the purchasers experienced was not due to
In this October 2022 UK high court judgment, the court, in considering the meaning of the words “in connection with” in an aggregation clause, said that they denote that only a relatively loose link is required. A wide range of losses might potentially fall to be aggregated as being at least “connected with” an
A burst boiler pipe at a hotel resulted in mould damage to the property. An exclusion stated “damage caused solely by mould is not covered under this policy”.
The court found that the language “caused solely by” indicates a distinction between mould as a loss and mould as a cause of
The roof of a sweet shop was damaged when a tree fell onto the building and destroyed part of the roof on 9 April 2019. On 19 May 2019 it suffered an additional loss from a burglary by thieves who entered through the broken roof. The claim failed because of a breach of a policy
In June 2021 the Pennsylvania Superior Court held that a psychiatric centre had no claim against its insurer for a sexual assault lawsuit brought by two patients of the centre because the policy limited cover to claims brought by any employee. The policy also excluded any claim which “involves an allegation of patient molestation” but
In a June 2021 judgment, the Supreme Court of Appeal held that the 30 day grace period for an unpaid premium in a life policy does not apply where the cancellation of the policy is a result of a repudiation by the insured herself. The grace period only applies where the non-payment of the premium
In South African insurance law a warranty is usually a condition precedent to inception or continuation of cover or payment of a claim. The consequence of breach or non-fulfilment is that there is no obligation on the insurer to indemnify the insured.
Warranties may be absolute or relative.
An obligation requiring that a certain state
The United Kingdom Supreme Court, in the FCA Test case appeal, dealt with the meaning of “interruption” in a Business Interruption policy.
The policy wording required there to be losses resulting from “an interruption to your activities…”
The court held that the ordinary meaning of “interruption” is quite capable of encompassing interference or disruption which
The United Kingdom Supreme Court in the FCA Test Case appeal dealt with the meaning of “prevention of access” in respect of the prevention of access due to the actions or advice of the local authority because of an emergency which is likely to endanger life or property in a Business Interruption policy.
The relevant