Tag archives: Liability insurance

Liability insurance and joint retainer privilege

This judgement considered the interesting question of legal professional privilege, the rights of successors in title, and joint retainer privilege. The insured and the insurer jointly engaged attorneys to act on their behalf in relation to various claims relating to cosmetic surgery and the use of silicone breast implants.  The attorneys were appointed to act … Continue reading

Householders liability insurance exclusion for anyone who usually lives at the insured address (Australia)

This judgment Re Murray (deceased) Crummer v AAI Limited ABN 2020 QSC 155 dealt with the meaning of a householder’s liability policy exclusion for liability for death or injury of anyone who usually lives at the insured address. The court said that the phrase “anyone who usually lives at the insured address” appeared to be a … Continue reading

When does a claim under a liability policy prescribe?

A claim for indemnification under a liability insurance contract only arises when liability to a third party for a certain amount has been established. For purposes of prescription, the debt becomes due when the insured is under legal liability to pay a fixed and determined sum of money. Until then a ‘claim’ for indemnification under … Continue reading

When is liability insurance triggered in layered cover?

In the UK, as in South Africa, liability insurance is triggered when the insured becomes “legally liable to pay the third party claim”. This requires a judgment, settlement or arbitration award. That does not mean the insured, with layers of insurance, can choose which claims to meet first from primary or lower excess layers in … Continue reading
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