Tag archives: Liability insurance

Section 35 of COIDA – Liability Insurance

By Donald Dinnie on September 8, 2023 Posted in Insurance

This Supreme Court of Appeal judgment http://www.saflii.org/za/cases/ZASCA/2021/16.pdf dealt with the case of the plaintiff who was mistreated and injured in the course of a protest by trade union members on premises where she was employed. The question was whether her injuries constituted an ‘accident’ as defined under section 1 of the Compensation for Occupational Injuries … Continue reading

Liability insurance exclusions – Professional Advice or Service Exclusion (Australia)

By Donald Dinnie on March 27, 2023 Posted in Insurance

In this case, class action proceedings were brought against the insured claiming damages for property loss arising from the release of, or failure to release, water from two dams. The liability of the insured arose out of its agreement to provide flood management services to the dam operator. The insured had been held vicariously liable … Continue reading

General liability insurance and statutory pollution clean-up obligations

By Donald Dinnie on December 13, 2022 Posted in Insurance

This judgment considered whether the insured was provided with an indemnity under the insurer’s general liability policy for the costs of pollution rehabilitation. Transnet sought to recover money it had expended in the rehabilitation of soil contaminated by aviation fuel escaping from an underground pipeline belonging to it. Transnet had a registered servitude through the … Continue reading

Liability insurance and joint retainer privilege

By Donald Dinnie on November 18, 2021 Posted in Insurance

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)

By Donald Dinnie on November 9, 2021 Posted in Insurance

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

An independent cleaning contractor does not assume a shopping mall owner’s duty of care

By Siyabonga Mathe on March 9, 2021 Posted in Insurance

The duty to take reasonable steps to ensure that a shopping mall is reasonably safe, falls on the owner or any person who may be in control of the premises. The appointment of an independent cleaning contractor, does not entitle the owner or the person in control to avoid liability for claims which arise as … Continue reading

When does a claim under a liability policy prescribe?

By Donald Dinnie on December 11, 2019 Posted in Insurance

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

Contractual claim not covered under liability policy (US)

By Patrick Bracher (ZA) on April 4, 2019 Posted in Insurance

Where the purchaser of an oil refinery sued the seller for breach of contract for $25 million damages resulting from a fire caused by various acts and omissions of the seller prior to the sale, the claim was not covered under the seller’s commercial general liability policy. The claim was not based on property damage but … Continue reading

When is liability insurance triggered in layered cover?

By Donald Dinnie on October 7, 2015 Posted in Insurance

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