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Life policy proceeds due to insolvent must be paid to their trustees

Life policy proceeds due to insolvent must be paid to their trustees

09 February 2021

Where an unrehabilitated insolvent was the beneficiary of the proceeds of a life policy taken out on the life of his wife, and the couple’s joint estate had been sequestrated, it was held that the proceeds of the policy were payable to the trustees of the insolvent estate and not to the insolvent surviving husband.

The FSCA issues warning on investing in crypto assets

The FSCA issues warning on investing in crypto assets

08 February 2021
No liability for cricket ball injury

No liability for cricket ball injury

01 February 2021

Anyone who has studied the law of delict since 1951 is aware of the English case of Bolton v Stone which found that hitting a cricket ball out of a cricket ground is an incidence of the game and did not amount to negligence so that the passer-by injured by the ball could not sue for damages.

Application of the bump-up exclusion in a D&O policy (US)

Application of the bump-up exclusion in a D&O policy (US)

27 January 2021

The bump-up exclusion in a D&O policy excluded claims ‘alleging that the price paid … for the acquisition … of an entity is inadequate’. The insurers do not have to pay any amount due under a judgment or settlement representing the amount by which the price or consideration would be effectively increased. This is to prevent companies or their directors and officers selling the company or its assets for an inadequate amount and expecting the D&O insurers to pay in the difference.

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Interpreting insurance contracts (part 7 – causation)

Interpreting insurance contracts (part 7 – causation)

22 January 2021
Interpreting insurance contracts (part 6 – objective interpretation)

Interpreting insurance contracts (part 6 – objective interpretation)

13 January 2021
No insurance cover because of exclusion of contract-based claims (US)

No insurance cover because of exclusion of contract-based claims (US)

10 December 2020
Lawful, reasonable and procedurally fair FAIS debarment process

Lawful, reasonable and procedurally fair FAIS debarment process

10 December 2020
Is Restraint of Trade enforceable if you are retrenched?

Is Restraint of Trade enforceable if you are retrenched?

09 December 2020
Tacit agreement on intermediary commission

Tacit agreement on intermediary commission

03 December 2020
The contra proferentem rule and insurance policies – again

The contra proferentem rule and insurance policies – again

20 November 2020
D & O insurance and reflective loss claims

D & O insurance and reflective loss claims

17 November 2020