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Discovery, Liberty and “group wrong”

Discovery, Liberty and “group wrong”

11 May 2020 | General

Discovery Ltd (Discovery) is the sole shareholder of two companies: Discovery Life and Discovery Vitality (all three parties were the applicants). Discovery Life offers insurance and related cover, while Discover Vitality is primarily a wellness and rewards programme.

Ruling by Supreme Court of Appeal changes the law on the treatment of living annuities in divorce

Ruling by Supreme Court of Appeal changes the law on the treatment of living annuities in divorce

11 May 2020 | General

A 2016 ruling by the Johannesburg High Court that a living annuity cannot be taken into account for the purposes of calculating the assets on divorce has been overturned on appeal by the Supreme Court of Appeal (SCA). The SCA ruled in the case of Montonari v Montonari that the right to the income of a living annuity formed part of the assets of a marriage for the purposes of divorce.

Submit insurance claims timeously

Submit insurance claims timeously

06 May 2020 | General

Most insurance policies make cover conditional upon the insureds submitting their claims within specified times. One of the main rationales for this is that the insurer wants to be able to investigate the claim as soon as possible, while the evidence is available and the event is fresh in everyone’s minds.

DUI proved despite no conclusive blood test

DUI proved despite no conclusive blood test

05 May 2020 | General
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Question

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

Answer
Defending an insured’s third-party claim and reserving insurer’s rights

Defending an insured’s third-party claim and reserving insurer’s rights

29 April 2020 | General
Covid-19: Electronic signatures in lockdown times

Covid-19: Electronic signatures in lockdown times

26 March 2020 | General
‘Occurrence’ in insurance policies

‘Occurrence’ in insurance policies

25 March 2020 | General
Council for Medical Schemes banning of low cost benefit options

Council for Medical Schemes banning of low cost benefit options

20 March 2020 | General
Supreme Court of Appeal curbs abuse of Section 24C

Supreme Court of Appeal curbs abuse of Section 24C

28 February 2020 | General
Liability for independent contractors and the legal fiction of non-delegability

Liability for independent contractors and the legal fiction of non-delegability

28 February 2020 | General
New Rule of Court forces South Africans to consider mediation as a form of dispute resolution before turning to courts

New Rule of Court forces South Africans to consider mediation as a form of dispute resolution before turning to courts

26 February 2020 | General
Indemnity and disclaimer clauses relating to school children: 12 things to know

Indemnity and disclaimer clauses relating to school children: 12 things to know

11 February 2020 | General