Find a South African Lawyer in SA's leading Legal Directory |

Legal Articles and Guides

Insurer to appeal business interruption judgment

By Juta and Company (Pty) Ltd Published on Tuesday, 14 July 2020
Tags: #Insurance Law #Litigation
As expected, Guardrisk is to appeal the Western Cape High Court ruling that ordered the company to pay out the business interruption claims of Cape Town restaurant, Café Chameleon.

Pay up or else, regulator warns insurers

By Juta and Company (Pty) Ltd Published on Friday, 10 July 2020
Tags: #Insurance Law #Litigation
With business interruption insurance policies still the subject of court action, the financial services regulator has struck a telling blow for hundreds of small businesses facing ruin because of the Covid-19 pandemic and the resulting lockdown by threatening action against short-term insurers refusing to pay out on claims caused by losses resulting from the pandemic.

Ground-breaking win against short-term insurer

By Juta and Company (Pty) Ltd Published on Tuesday, 07 July 2020
Tags: #Business & Industry Law #Insurance Law #Litigation
Cafe Chameleon, a Cape Town restaurant, is the first to win a court case against an insurer for payment of damages arising from a business interruption policy due to the Covid-19 pandemic, says a Business Day report.

Precedent setting insurance court battle looms

By Juta and Company (Pty) Ltd Published on Monday, 15 June 2020
Tags: #Insurance Law #Litigation
A precedent-setting case is scheduled to be launched in the Western Cape High Court today when two Santam clients seek to force the short-term insurer's hand to pay Covid-19 related claims for their hotels and restaurants.

Insurers should not collapse, despite heavy losses

By Juta and Company (Pty) Ltd Published on Thursday, 02 April 2020
Tags: #Insurance Law
Insurance companies are facing serious losses if the Covid-19 pandemic escalates, but even as they prepare for the various worst-case scenarios, an expert said it is unlikely that the industry will collapse.

Listeriosis secrecy an indication of testy stand-off

Tiger Brands’ attempt to hide the identity of its insurer – which is pulling the strings in a class action lawsuit brought by listeriosis victims – has come to nought.

Insurance firm ordered to honour indemnity for broker

By Juta and Company (Pty) Ltd Published on Tuesday, 19 March 2019
Tags: #Insurance Law #Litigation
The SCA has ordered an insurance company to honour professional indemnity cover for a broker who led his client to invest in the Sharemax scheme. Volksblad reports that a widow, Marisa Oosthuizen, invested R2m on the advice of her broker, Jose Castro.

Hard evidence not needed to reject accident claims

By Juta and Company (Pty) Ltd Published on Wednesday, 25 April 2018
Tags: #Insurance Law #Motor Vehicles
Motor vehicle insurance companies can reject car accident claims on the grounds of drunk driving, even if there is no toxicology report to prove it. TimesLIVE reports that insurers can rely on circumstantial evidence, such as witnesses saying the driver smelt of alcohol or acted drunk at the accident scene to substantiate rejecting a claim.

Insurer ordered to pay disability claim

By Juta and Company (Pty) Ltd Published on Friday, 21 October 2016
Tags: #Health Care & Social #Insurance Law
Liberty Life has failed in its bid to reject a payment to a disabled claimant, and has been ordered to cough up. A Cape Times report says long-term Insurance Ombudsman Judge Ron McLaren ordered Liberty Life to pay an unemployed diabetic a disability benefit of about R200 000, which includes interest. The claimant at the centre of the dispute was diagnosed with diabetes with ‘severe peripheral neuropathy’ in July 2012.

Damages claim for cerebral palsy boy nears finality

By Juta and Company (Pty) Ltd Published on Monday, 19 September 2016
Tags: #Insurance Law #Litigation #Malpractice Law #Personal Injury Law
The damages claim of a seven-year-old boy who developed cerebral palsy after state medical staff at the Mowbray Maternity Hospital failed to diagnose that he had jaundice at birth, is set to be finalised, according to a Weekend Argus report. It notes the Western Cape High Court has handed down a judgment in which it determined the boy’s life expectancy and found his expected age of death was 55. The parties’ lawyers and the Centre for Child Law spent 45 days thrashing out the issues before Judge Owen Rogers.

Mentioned in