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Insurance, consensus and non-existent property

15 January 2020

The basis for contractual insurance liability is actual consensus supported by the insureds’ and the insurers’ serious intention to be legally bound to what they have agreed to.

Common law development: State can compensate a Plaintiff for future medical expenses in kind in lieu of paying damages

13 January 2020

The Gauteng High Court waited until most of us were on leave before handing down what must be one of the most important judgments in recent times dealing with the ongoing medical malpractice crisis.

Offers of settlement and time-bars in insurance policies

09 January 2020

In South Africa, for example, under the Policyholder Protection Rules or the Short-term Ombud’s Rules the running of statutory prescription and time-bar limitation periods provided for in an insurance policy may be suspended while a dispute is resolved.

When does a claim under a liability policy prescribe?

12 December 2019

A claim for indemnification under a liability insurance contract only arises when liability to a third party for a certain amount has been established. For purposes of prescription, the debt becomes due when the insured is under legal liability to pay a fixed and determined sum of money. Until then a ‘claim’ for indemnification under the policy doesn’t exist and cannot prescribe.

quick poll

Question

If you had to hazard a guess, when do you reckon the COFI Bill will be signed into law?

Answer

2026, as promised 2027 looks more likely Impossible to say More consultation needed

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