In this judgment, the relevant insurers relied on a limitation defence against the insured’s claims. All the parties agreed that the claim was in contract and had a limitation period of 6 years under the relevant legislation.
The question
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Vicarious liability when an employee commits an intentional wrong
In this judgment the court grappled with the difficult question of imposing vicarious liability on an employer for an employee’s deliberate wrongdoing.
The court acknowledged that such situations create special difficulties both in relation to the conceptual basis for liability…
Directors and Officers Insurance and Material Non-Disclosure & Misrepresentation (Australia)
In this judgment the court considered the insured’s duty of disclosure and the insurers’ ability to avoid the policy under the relevant Australian legislation.
The question turned on what was called the Iraq File Note written in November 2010.The insurers…
Composite insurance policies
A composite policy is a policy which comprises in one document the interests of a number of persons whose connection with the subject matter of the insurance makes it natural and reasonable that the whole matter should be dealt with…
The role of expert evidence in a trial
This blog was co-authored by: Nomonde Sithole, Trainee Associate and Julian Scholtz, Candidate Attorney
The opinions drawn by expert witnesses do not replace the task of civil courts to determine the issues in dispute on the balance of probabilities, and…
Subrogation, co-insurance and CAR insurance policies
This United Kingdom judgment dealt with the issue of co-insurance under project construction all-risk policies, and the extent of cover when facing a subrogated claim from the project insurers. It depends on the terms of the project contract.
The Rugby…
Court declares regulations on complementary medicines & health supplements unlawful
This blog was co-authored by Lisa Kriegler, Trainee Associate
The Supreme Court of Appeal dismissed an appeal by the Minister of Health and the South African Health Products Regulatory Authority (SAHPRA) in favour of the South African Alliance of Natural…
Developments in the regulation of open finance
The Intergovernmental Fintech Working Group (IFWG) has published a new blog on Open Finance, noting that South African regulatory authorities have started looking at open finance as it relates to their respective mandates.
What is open finance? The premise…
Insurance, causation and a SASRIA peril
In this case the insured sued the primary insurer and SASRIA in the alternative in seeking an indemnity for its underground mining earthmoving equipment irreparably damaged when the mine in which the equipment was operating was flooded.
The primary policy…
Prescription of insurance claim
In this judgment, the policyholder unsuccessfully argued that the Prescription Act did not apply because the insurer was confined to the time-bar clause in the policy which provided for a period of prescription from the date of the rejection…