Tag archives: Once-and-for-all rule

Insurance claim barred because of once-and-for-all rule (US)

By Patrick Bracher (ZA) on September 20, 2017 Posted in Insurance

A New Jersey appeals court held that a contractor’s lawsuit against the insurer demanding cover for a claim against the contractors arising from a construction defect was barred because the claim should have been brought in a previous lawsuit that had freed the insurer from any duty to defend the third party claim. The original … Continue reading

The once-and-for-all rule for delictual damages

By Patrick Bracher (ZA) on April 10, 2017 Posted in General

A person who claims for damages sustained as a result of injuries negligently caused by someone else has a single, indivisible cause of action and must sue for all damages in one claim. This proposition was reasserted in the context of a prescription allegation regarding a Road Accident Fund Act claim. The RAF Act only … Continue reading