Physical Injury

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In a July 2025 judgment, the Gauteng Division of the High Court, Pretoria, clarified that a physical disability does not automatically entitle a claimant to damages for loss of earning capacity. The court refused the plaintiff’s claim for such damages, emphasising that the mere existence of an injury is not sufficient to establish a financial…

The 276 paragraphs of the appeal judgment in Insurance Australia Limited t/as CGU Insurance V Capral Limited contains a very detailed and useful review of multiple jurisdictions approach to the meaning of property damage within property, general products and liability policies including Australia, Canada, the United States, and the United Kingdom. 

The insured claimed under…