This blog was co-authored by: Anitah Ndhlovu, Candidate Attorney
The insured, under a homeowner’s insurance policy, lived in a house with their 18 year old daughter, an “insured” under the policy, who ignited her father’s bedspread intending to make him…
This blog was co-authored by: Felix Le Roux, Candidate Attorney
In the June 2022 case of Tsogo Sun Caledon (Pty) Ltd and Others v Western Cape Gambling and Racing Board and Another, involving a decision of a gambling board…
The quality of the drafting of a policy may be taken into account when construing its terms:
“The policy should be construed as a whole … It should not be approached by isolating particular fragments or disregarding its overall character…
This blog was drafted by: Tameez Casoo, candidate attorney
The Constitutional Court judgment in the case of Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others 2016 (10) BCLR 1277 (CC)…
Environmental, social and governance issues are playing and will play an increasingly important role in the South African insurance sector which should be proactive in contributing to, influencing and being part of ongoing discussions on integration of ESG principles into…
The once and for all rule provides that in claims for compensation or satisfaction arising out of a delict, breach of contract or other cause, the plaintiff must claim damages once for all damage allegedly sustained or expected insofar as…
The claimant’s claim was based on an allegation that a company unable to pay its debts with its liabilities exceeding its assets had sold 21 million shares at 27c per share and 7 300 000 million shares at 48c per…
The existence or absence of sound corporate governance has always been a factor when underwriting a D & O risk.
Sound governance includes sound ESG practices.
It is becoming standard for D & O underwriters to undertake an ESG analysis…
This blog was co-authored by: Caitlin Gardiner, Candidate Attorney
The South African court system has found itself in a new digitised era following the restrictive lock‑down measures introduced as a result of the Covid-19 pandemic. Directives were introduced to safeguard…
The claimant was insured under an all-risks insurance policy covering a vessel. The policy did not cover engine damage unless an accidental external event caused the damage. The vessel suffered catastrophic engine failure. The court held that the insured had…
