Legal Affairs

Insurers, personal injury damages and medical expenses

Insurers dealing with and defending personal injury claims under a liability policy should bear in mind the general principles regarding claims for damages in those cases.

POPI – possible date of full commencement 1 April 2020

In a January 2020 interview, the Chairperson of the Information Regulator, Pansy Tlaluka, indicated that her office has requested President Ramaphosa to sign the remaining provisions of POPI into full force by 1 April 2020. These provisions will establish the minimum requirements for lawful processing of personal information with which all private and public persons must comply, as well as the Information Regulator’s enforcement powers.

Reviewing the law on ‘reasonable precautions’

The reasonable precautions clause which commonly appears in policies requires the insured to take reasonable steps to safeguard the insured property or prevent accidents and minimise loss, damage or liability (or variations thereof). The clause most likely requires proof of recklessness on the part of the insured but interestingly, there is no authoritative judgment by the Supreme Court of Appeal determining the test.

Higher premiums for renewing customers investigated by UK regulator