The importance of disclosing information in an insurance contract
Most people are holders of some sort of insurance policy, be that in the form of car insurance, home insurance, or life insurance. What this policy represents is nothing more than a contract between two parties, namely the insured (as the policy holder) and the insurance company (as the policy provider). The insurance contract states […]
Body corporate insurance in sectional title schemes
Who is responsible for an insurance claim in a sectional title scheme? When faced with an insurance claim, owners of sectional title units, aware of the fact that a portion of their monthly levies are allotted to insurance premiums, are often unsure as to who is ultimately responsible for their claim. The Sectional Title Schemes […]
Business interruption: The battle of the insured v the insurer
In times as challenging as these, no business has been immune to the impacts of COVID-19 and the subsequent national lockdown. As in most instances of crises and subsequent losses, businesses across South Africa have looked to their insurers for reprieve from the damages suffered due to the various regulations put in place since President […]
Prescription and the Apportionment of Damages Act
In common day life, individuals are more than likely to find themselves in situations involving a claim of a delictual nature. That is to say, a wrongful act or omission by one person giving rise to a claim for compensation to another. The most prevalent of these types of claims surely are motor vehicle collisions. […]
SHOULD YOU ASK FOR A RISK SURVEY FROM YOUR INSURER?
In a recent unreported decision in the High Court of South Africa, North Gauteng High Court, the Court was again faced with the principles regarding disclosure of material information by an insured to its insurer. What is interesting about this case is that the insurer was estopped from raising the defense of non-disclosure by placing […]
ROAD CYCLISTS VS. MOTORISTS
The popularity of road cycling as a competitive sport and a form of transportation is on the rise. This naturally leads to major safety concerns and serious accidents among both cyclists and motorists. The National Road Traffic Act and the Western Cape Provincial Road Traffic Act regulates the rights and rules for pedal cyclists and […]
CONSIDER YOUR CLAIM CAREFULLY: SOME OF THE NEED TO KNOW FACTS IN THE EVENT OF A THIRD PARTY CLAIM AGAINST THE RAF (ROAD ACCIDENT FUND)
The Road Accident Fund (hereinafter referred to as the RAF) has over the years created the assurance that public road users will be covered in the event of any motor vehicle accident which caused either injuries or death, and for the losses suffered thereby, such as medical expenses, loss of earnings and even general damages […]
Should you ask for a risk survey from your insurer?
In a recent unreported decision in the High Court of South Africa, North Gauteng High Court, the Court was again faced with the principles regarding disclosure of material information by an insured to its insurer. What is interesting about this case is that the insurer was estopped from raising the defence of non-disclosure by placing […]
What happens after your house has been burnt to the ground?
There are definite steps that a homeowner will need to take if he ever has the traumatic experience of having his house burnt to the ground. Over and above all the emotional and financial tension it causes in a person and his family, there will be several steps that a homeowner will need to take […]