Legal Affairs

Insurance fraud and fraud clauses

Excess reinsurances and the applicable jurisdiction regime

Insurance policies and absolute and relative warranties

In South African insurance law a warranty is usually a condition precedent to inception or continuation of cover or payment of a claim. The consequence of breach or non-fulfilment is that there is no obligation on the insurer to indemnify the insured.

Covid-19 claim rejected because of virus exception (US)

A Kentucky US district court rejected the business interruption insurance claim of a retail business specialising in sale of outdoor sportswear and equipment for losses suffered as a result of government restrictions following the outbreak of Covid-19. The all-risks policy covered physical loss and damage but excluded damage caused directly or indirectly regardless of any other cause or event by the presence, growth, proliferation, spread or any activity of fungi, wet rot, dry rot, bacteria or virus unless it resulted in a specified cause of loss which were in the nature of special perils.