This blog was co-authored by James Donald, Candidate Attorney   In an April 2021 judgement, the Eastern Cape high court held that a standard form guest indemnity used by a game reserve was not in conflict with applicable provisions in the Consumer Protection Act 2008 (the CPA). The plaintiff was a tourist to South Africa, on holiday at a local game reserve. Upon returning from a game drive after dark and on her walk…

There has been a plethora of Covid-19 policy coverage litigation across the United States.  Absent non-damage extensions under business interruption policies the courts have had to consider whether amongst other things government restrictions on businesses including shutdown orders constituted interruption of business caused by loss to property insured.  That included whether those restrictions on businesses constituted accidental physical loss or accidental physical damage. Many judgments, at least at the preliminary stage of hearing have denied…