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Contractual liability exclusions in insurance policies

11 May 2014

Insurers cannot use the contractual liability exclusion in a construction policy to deny coverage for defective work unless the builder assumes special liabilities in the contract that they would not otherwise have had.

Duties and potential liability of the independent expert

08 May 2014

One of the key features that the Companies Act, No 71 of 2008 (Companies Act) introduced when it came into force in May 2011 is the substantially revised and simplified process for the implementation of a scheme of arrangement between a company and its shareholders (or other securities holders), in s114 of the Companies Act.

Exhaust the primary insurance cover before claiming under excess policies

29 April 2014

A US company with a primary professional liability insurer and a $10million policy limit settled with the primary insurer for about $5million.

Mediation increasingly preferred over litigation

23 April 2014

Mediation will be introduced as a preferred alternative to litigation in South African Magistrates’ Courts from August 1 this year, when amendments to the rules regulating the conduct of proceedings of South African Magistrates’ Courts come into effect. The revised rules under the Rules Board for Courts of Law Act, which include the addition of a chapter regulating court-annexed mediation, were gazetted last month.

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

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

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