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Failure of PI insured to report potential malpractice suit (US)

23 March 2017

The question debated in a claim under a lawyers’ professional indemnity policy was whether the attorneys could have reasonably expected the underlying malpractice action and should have reported it to their insurers.

No insurance for sexual assault suit against employer because not accidental (US)

17 March 2017

A Maryland court has ruled that the insurer does not have to defend the operator of a rock-climbing gym in a lawsuit which alleged that it negligently failed to prevent two of its coaches from sexually assaulting a teenage climber.

Entitlement of a non-member spouse in a marriage in community of property in respect of pension interest in a divorce

02 March 2017

Sections 7(7) and 7(8) of the Divorce Act 70 of 1979 (“the Act”) relate to the determination of the monetary benefits to which the parties to any divorce action may be entitled. In terms of section7(7)(a), the pension interest of a party may be deemed to be part of his assets subject to other subsections of the Act. The court granting a decree of divorce in respect of the member spouse of a pension fund where the fund is deemed to be included, may make an order in terms of section7(8) on notification to the fund, in favour of the spouse who is not a member where that spouse has an accrual claim against the member spouse or where the parties were married in community of property.

Paris to Pretoria: High Court to adjudicate on climate change for the first time

02 March 2017

Since the Paris Agreement was adopted by the Conference of the Parties to the United Nations Framework Convention on Climate Change in December 2015, companies have been grappling with the potential implications the global commitment to combat climate change could have on their businesses. The Paris Agreement is hallmarked as the first-ever universal, legally binding global climate deal that seeks to accelerate the reduction in global greenhouse gas emissions ("GHG").

quick poll

Question

The strongest deterrent against FSP compliance missteps is or should be:

Answer

A criminal conviction Debarment Fine or penalty Any of the above can work

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