In this criminal case where the victims were targeted in order for insurance benefits to be claimed from funeral policies, the court said:
“We live in a country where the majority of the people live below the poverty line. The temptation to cover these people for funeral policies is rife for unscrupulous people. It is…
This is another matter where the court considered the onus and evidence necessary to be lead to establish proof of quantum of the insured’s claim again an insurer, arising out of a motor vehicle accident. There was no separation between merits and quantum. The insurer appealed the judgment, on the basis that the insured had…
In February 2025 the high court addressed the critical issues of misdelivery and breach of contract. The court had to determine whether the defendant breached the contract by failing to deliver the agreed-upon animals and whether the misdelivery of the animals affected the enforceability of the contract. The court found that the defendant breached the…
In February 2025 the high court addressed the issue of school safety and negligence in a case involving a student who sustained injuries during netball practice. The court determined that the school, represented by the MEC for the Department of Education, Limpopo, breached its duty of care by failing to ensure the safety of its…
The Financial Intelligence Centre has issued a request, in accordance with section 42(4)(a) of the Financial Intelligence Centre Act, 2001, for certain accountable institutions (Legal practitioners; Trust and company service providers, including accountants; Estate agents; Credit providers; SA Postbank; High-value goods dealers; SA Mint Company (RF) (Pty) Ltd and Crypto asset service providers) to submit…
Under Kentucky Law “Misrepresentations, omissions, and incorrect statements” on the application for an insurance policy can preclude recovery if those representations are:
“(1) Fraudulent; or
(2) Material either to the acceptance of the risk, or to the hazard assumed by the insurer; or
(3) The insurer in good faith would either not have issued the…
On 24 February 2025, a US court found that an insurance claim by a hospital of $2.5 million in legal costs incurred in responding to state probes into its Covid-19 vaccine distribution programme was limited to the amount of $1 million because of a policy sublimit for regulatory cover.
The court found that an insured cannot recover amounts…
On 19 November 2024, the Constitutional Court handed down a judgment which reaffirmed that the making of municipal by-laws are subject to the principle of legality, which requires all exercises of public power to be authorised by the law.
The matter arose when two Mpumalanga municipalities enacted by-laws that imposed transfer embargoes on properties.…
On 20 November 2024, the high court handed down a judgment which confirmed that if the common approach of the parties to a point of law is based on a wrong perception, a court is not only entitled, but obliged, to raise that point of law of their own accord.
The matter involved an…
