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Higherdelta Ltd was the owner of commercial properties including a restaurant in Scotland. Its company secretary, director and shareholder was also the owner of a portfolio of residential properties. The non-disclosure of prior events relating to the personal portfolio was held not to be relevant to underwriting the business policy. The restaurant was added to its commercial policy in 2009 with Covea Insurance. The restaurant was damaged by fire in July 2013. The insurer purported…
The Constitutional Court recently considered the meaning of the word ‘debt’ in relation to the Prescription Act and found that the word must be given a meaning that is least intrusive on the constitutional right to access to courts. In Makate v Vodacom (Pty) Ltd the applicant instituted action against Vodacom to compel them to negotiate his compensation for the use of his idea in developing the ‘please call me’ product. He alleged that Vodacom…
Insurers are often faced with claims for stock which has been damaged whilst being temporarily held at premises other than the risk address. The temporary removal clause provides cover for property insured whilst temporarily removed from the risk address or location to other premises including whilst in transit. The words “temporarily removed” in relation to stock means “taken away for a short time with the intention of returning it.” In an unreported February 2007 case…