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A recent judgement of the Supreme Court of Appeal ("SCA") has once again illuminated the dire state of South African state-owned entities in terms of employee management, reckless trading and poor corporate governance.
The buzz about the Internet of Things of a few years ago has died down but the cyber world and its things are becoming increasingly interconnected. When considering insuring cyber risks, insurers must remember it is not only IT (Information Technology) but also OT (Operational Technology) that needs to be evaluated. Hackers know better than anyone what a nice target things can be, especially with hacking becoming an instrument of war.
Faced with an unambiguous lead contamination exclusion, a damages claimant, alleging personal injury to a child from ingesting lead from the paint in a rented property, unsuccessfully contended that the exclusion was unenforceable because it was allegedly hidden 30 pages into the policy.
A Texas court, whose judgment was confirmed on appeal, found that an excluded loss “consequent upon” handing over gold coins to another against a fraudulent cheque invokes a more direct type of causation than “due to” or “arising out of”. A loss sustained “consequent upon” an event connotes ‘but-for’ causation and the consequence must be a direct result of the cause.
What do you believe will be the biggest challenge when the COFI framework is finally implemented?