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 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