Under a “claims-made” liability insurance policy, whether a communication to the insured constitutes a “claim” or a “claim for damages” determines whether the policy is applicable to the claim. The Delaware Supreme Court held that an unclear and amorphous letter
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Donor/settlor intention is relevant when interpreting a trust deed
In a November 2023 judgment the High Court dealt with the principles of interpretation applicable to a trust deed. The question centred around which beneficiaries of the trust were entitled to a capital payment. The donor had since died and…
Company is liable for Chatbot Miscommunications holds Canadian Tribunal
The Canadian case of Moffatt v. Air Canada considers a dispute concerning a refund for a bereavement fare. Jake Moffatt, the applicant, booked flights with Air Canada following the death of his grandmother. He was informed by an AI powered…
The limits of an interim interdict in a franchise dispute
During arbitration between a franchisor and franchisee, an interim interdict may be employed to enable the parties to continue to conduct their business arrangements until the dispute is settled. However, in certain circumstances the operation of the interdict may be…
Can liability be acknowledged after a debt has prescribed?
Section 14(1) of the 1969 Prescription Act states that the running of extinctive prescription is interrupted by the debtor’s express or tacit acknowledgement of liability. The question that arose for consideration in Viljoen v Centlec (SOC) Ltd and others 2024…
The Department of Health may classify medicines for public procurement purposes
The Pretoria High Court recently dismissed a pharmaceutical company’s application to review the Department of Health’s (DOH) decision to classify medicines for the purposes of assessing tender bids.
The DOH awarded a tender to supply surfactants to treat Respiratory…
Duties of Auditors and Compliance Officers are owed to Intermediary not Third Party Insurers
A number of insurers issued summons against an intermediary (the first defendant), its auditor (the second defendant) and…
Subrogation and Medical Schemes
Van Tonder v Road Accident Fund (1736/2020; 9773/2021) [2023] ZAWCHC 305 (1 December 2023)
The court consolidated two matters against the Road Accident Fund, for payment of each plaintiff’s past medical and hospital expenses, which were rejected by the RAF…
Regulatory requirements behind the peanut butter recall
The National Consumer Commission (NCC) has recently urged the public to return various brands of peanut butters for a refund. The manufacturer of the peanut butters had informed the NCC that the affected products contain higher than the legally accepted…
The effect of Avian Influenza on insuring South African poultry farming
Avian Influenza (Bird Flu) is a highly contagious viral disease affecting domestic poultry and wild birds. It is a significant concern to poultry farmers in South Africa. South Africa’s recent Bird Flu outbreak highlighted the need for appropriate insurance for…