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Gross negligence vs. negligence

Gross negligence vs. negligence

14 February 2024 | General

The legal distinction between "negligent conduct" and "grossly negligent conduct" in insurance claims, was recently shared in an article by Adams & Adams, with a focus on a recent case involving a stolen vehicle.

Relying on res ipsa loquitur when the roof falls in

Relying on res ipsa loquitur when the roof falls in

08 February 2024 | General
How not to prosecute an insurance claim

How not to prosecute an insurance claim

05 February 2024 | General
Farmers liable for motorist’s collision with calf

Farmers liable for motorist’s collision with calf

03 February 2024 | General

The claimant sued two farmers for damages sustained following a collision with the defendants’ calf on the N8. The claimant sustained injuries when he swerved to the left to avoid the calf on the road. The defendants were found liable for the damages sustained by the claimant as a result of the collision for their failure to properly maintain the fence of the kraal to prevent the calf from escaping.

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Question

What do you believe will be the biggest challenge when the COFI framework is finally implemented?

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Insurance does not cover deliberate conduct (US)

Insurance does not cover deliberate conduct (US)

31 January 2024 | General
RAF Delighted at the Long Sentence Imposed on a Thieving Lawyer

RAF Delighted at the Long Sentence Imposed on a Thieving Lawyer

29 January 2024 | General
Indemnity Schemnity

Indemnity Schemnity

26 January 2024 | General
Role of intention and punctuation when interpreting insurance guarantees

Role of intention and punctuation when interpreting insurance guarantees

26 January 2024 | General
Sky UK Limited v Riverstone Management Agency Limited

Sky UK Limited v Riverstone Management Agency Limited

20 January 2024 | General
D & O insurance:extended prescription for s 77 claims against directors

D & O insurance:extended prescription for s 77 claims against directors

20 January 2024 | General
Unhappy birthday: $200K rented car not covered under motor policy (US)

Unhappy birthday: $200K rented car not covered under motor policy (US)

20 January 2024 | General
Subrogation of a claim by operation of law is not a void transfer of rights by a party (UK)

Subrogation of a claim by operation of law is not a void transfer of rights by a party (UK)

18 January 2024 | General