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In this UK Kings Bench judgment (which also dealt with the question of the erosion of the reinsurance excess by defence costs), the court considered whether on a proper construction of the reinsurance policies and the facts of the case, the Claims Cooperation clause nullified, modified or circumscribed the operation and effect of the Follow Settlements Clause.
This is a significant judgment for the South African insurance industry on construction guarantees.
Picture a rainy Wednesday morning in Sandton, sometime in the near future. A claims handler opens their laptop, and right away, things move much faster than they used to.
The strongest deterrent against FSP compliance missteps is or should be: