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Holding a director liable for the debts of a company needs proof of fraud or recklessness

Holding a director liable for the debts of a company needs proof of fraud or recklessness

06 October 2015

Default judgment, without any evidence being led, was granted against a director under section 424(1) of the Companies Act 1973 on the basis that the business of the company was carried on recklessly or with intent to defraud creditors or for some other fraudulent purpose. No evidence was led to establish these allegations.

“Widow’s penalty” prohibited in US state

“Widow’s penalty” prohibited in US state

06 October 2015

Pennsylvania motor insurers included in their policies a so-called “widow’s penalty” under which a widow or widower is charged a higher rate after the death of the spouse solely based on the change of her or his marital status.

10 things to know about South African non-profit companies

10 things to know about South African non-profit companies

29 September 2015

1.A non-profit company is a company incorporated for one or more objects, either a public benefit or an object relating to cultural or social activities, or communal or group interests.

Some TCF ideas from the UK

Some TCF ideas from the UK

29 September 2015

The forthcoming UK Insurance Act has some useful ideas about treating customers fairly.

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Question

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

Answer
Follow the settlements clauses

Follow the settlements clauses

22 September 2015
Work product exclusions defeats a claim

Work product exclusions defeats a claim

16 September 2015
Gift card does not fall in policy contractual exclusion

Gift card does not fall in policy contractual exclusion

09 September 2015
Insurers proving material non-disclosure

Insurers proving material non-disclosure

07 September 2015
NY insurer fined for violating sanctions

NY insurer fined for violating sanctions

03 September 2015
What does the duty to submit ‘proofs reasonably required’ for a claim entail?

What does the duty to submit ‘proofs reasonably required’ for a claim entail?

02 September 2015
Insurer cannot rely on misrepresentation if it fails to investigate doubtful facts

Insurer cannot rely on misrepresentation if it fails to investigate doubtful facts

01 September 2015
Cybercrimes and Cybersecurity Bill: Draft for public comment

Cybercrimes and Cybersecurity Bill: Draft for public comment

31 August 2015