The recent disruptions in air travel across Europe resulted in widely-published scenes of mass chaos at airports that, for many people, evoke the worst features of air travel. Even when done well, the nature of modern air travel often does
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A previous group insurance scheme became unlawful and the contracts unenforceable when Insurance Act 2017 commenced
In September 2023 the Supreme Court of Appeal held that, where 8 000 individual funeral policy members had formed part of a group scheme under the Long-term Insurance Act 1998 which was no longer a “group” scheme as defined in…
No COIDA Claim for Assault by Protestors
Protectors over labour issues in the social development department caused injury to non-striking employee who was working as the Chief Director: Policy and Research.The employee instituted proceedings against the employers for the shock, humiliation which resulted in psychiatric injury and…
Managing risks in a slip and trip incident
It is common practice for shop owners to outsource their cleaning duties by concluding a service level agreement with a cleaning company. The service level agreement often contains an indemnity clause in terms of which the cleaning company indemnifies the…
Proposed amendments to the National Ports Act: attempted alignment raises a number of challenges which the ports’ industries need to address
The Department of Transport has promulgated a notice calling on parties to make submissions by 28 September 2023 on the proposed amendments to the National Ports Act (NPA). Certain of these amendments mark a fundamental shift from the amendments proposed…
Policy interpretation: flood endorsement (Botswana)
This 2012 judgment in which Norton Rose Fulbright successfully acted for the insurer, is worth revisiting in the context of the unprecedented levels of flooding being experienced in South Africa (and around the world).
The insured had been engaged by…
Accumulation concerns for cyber business
A Munich Re management board member has stated that the insurer is prepared to divest cyber business over accumulation concerns. The board member said that there is a need to recognise and understand accumulation potential in order to develop a sustainable…
Medmal claim unsuccessful for failure to notify request for medical records (US)
A Maryland US court declined a doctor’s request for an indemnity from his medical malpractice insurers because the insured doctor failed to report a request for medical records from the patient’s lawyer as required by the policy during the policy…
Other insurance clauses lead to pro rata sharing no matter how elaborate (US)
It is a universal principle of insurance that where two policies covering the same loss purport to cancel each other out and only cover losses in excess of what other insurers cover, liability will be shared on a pro rata…
Private hospitals cannot employ healthcare practitioners according to the HPCSA’s Rules
Most people are not aware that according to the Health Professions Council of South Africa’s rules, private hospitals cannot employ doctors.While no single provision prevents a private hospital from employing a healthcare practitioner, various health legislation and guidelines read together…