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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.

Specific terms override general terms and insurers bound by agents (US)

25 November 2019

The Washington Supreme Court found that an insurance company was bound by its agent’s written representations that a particular corporation was an additional insured under a policy even though the printed words in the certificate of insurance said the addition was not binding.

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