An insurer assessing a life insurance claim may have valid reasons to defer its decision regarding payment to the beneficiaries until it obtains necessary information from third-party investigations, such as police officials. There is a rise in publicised cases of murder for insurance, and life insurers are right to defer payment in appropriate circumstances. However
A September 2024 judgment of the Free State Division will be of interest to insurers who provide liability cover to municipalities, as the claimant succeeded in its cause of action against the municipality based on a water interruption which was entirely unexplained.
When a fire broke out at a scrapyard in Bloemfontein, the owner sued
This blog was co-authored with Adrienne Hendricks, Candidate Attorney.
In April 2024 the Supreme Court of Appeal (SCA) dismissed the bank’s appeal from the High Court, finding that the bank was not entitled to enforce a guarantee where the bank had failed to perform its own obligation to increase the facility under the original
This blog was co-authored with Yuveshen Naidoo, Candidate Attorney.
The primary issues in this judgment are:
The
The Medicines and Related Substances Act, 1965 requires the South African Health Products Regulatory Authority (SAHPRA) to monitor the use of medicines in South Africa. SAHPRA is responsible for overseeing adverse drug reaction reporting in South Africa.
Adverse drug reactions (including interactions with other medicines) caused by prescribed medicines, over the counter medicines, or by
A Connecticut court found that the definition of “loss” in a policy which said that “loss does not include matters uninsurable under the law pursuant to which the policy is construed” was an exclusion even though it was found in a definition. The court reaffirmed that an exclusion can be anywhere in a policy because
A US court found that cover for loss caused by physical harm, bodily injury or assault between “family members” included assault by the ex-husband because the divorced couple shared the custody of their child with the parenting plan that called for joint decision-making.
The divorce order required the husband to sell their property or refinance
The respondent in this application brought by the Prudential Authority was sequestrated for unpaid amounts exceeding R2 million arising from her having conducted the business of a bank, namely acting as a conduit for money for a massive pyramid scheme. Section 11(1) of the Banks Act prohibits any person from conducting the business of a bank unless
The Pretoria High Court recently dismissed a patient’s appeal against the HCPSA’s decision not to find a doctor guilty of unprofessional conduct.
The patient had lodged a complaint with the HPCSA alleging that the doctor had, despite knowing the patient’s history and risk factors, performed a coronary angiogram and caused the patient to suffer a
According to this 2022 Australian case, an insured person will not be in breach of a reasonable precautions condition if it shows that it did not recognise that a danger existed or that, perceiving the existence of a danger, it took action that it considered to be adequate to avoid it and was not