Insurance law

Does subrogation constitute a new cause of action to be pleaded?

The doctrine of subrogation has boggled the minds of legal practitioners and judges alike for decades. Some argue that subrogation constitutes a new cause of action that must be pleaded […]

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Full disclosure – the materiality test for insurance explained

‘The object of devising a means or criterion for determination of the materiality of undisclosed facts must surely be to ensure … that justice is done to both parties. The […]

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Professional indemnity insurance

Centriq Insurance Limited v Oosthuizen and Another (SCA) (unreported case no 237/2018, 14-3-2019) (Cachalia JA) (Mbha, Mathopo JJA and Dlodlo and Rogers AJJA concurring) The Supreme Court of Appeal’s (SCA) […]

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Cleaning up the unclaimed benefit industry – addressing issues of complexity

By Carmen Schubert In an attempt to tackle the pertinent issue of the unclaimed benefit ‘black hole’, where insurers and administrators lack incentive to trace beneficiaries and pay out unclaimed […]

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Cleaning up the unclaimed benefit industry – the FSB’s unclaimed benefit bugbear

By Carmen Schubert The issues within the broader pension fund industry surrounding unclaimed benefits remain a major bugbear for the Financial Services Board (FSB). As such, the regulator continues to […]

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The independent counsel doctrine and legal advice on insurance coverage – a review of US case law

By Marietjie Botes Litigious matters of large companies often involve complex legal issues, which may also result in complex insurance issues. The tripartite relationship between insurer, insured and legal representative […]

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Weighing the risk – Revisiting various risk-mitigating mechanisms

By Ntupang Magolego Almost all human actions or activities have the potential to bring about damage and/or loss. In contract law, there are various mechanisms avai­l­able that serve to reduce […]

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Solvency asset management – What does it entail an how will it affect you?

By Marietjie Botes The solvency asset management (SAM) project, a joint venture of the Financial Services Board (FSB), who is also an active member of the International Association of Insurance […]

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When a beneficiary predeceases a life insurance policy holder

PPS Insurance Company Ltd and Others v Mkhabela (SCA) (unreported case no 159/2011,14-11-2011) (Cachalia JA) By Dwight Buys The life assured is the person whose life is insured under a […]

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