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Guidance from the UK for South African insurers regarding fraudulent claims

15 September 2016 | General

The Hayward v Zurich Insurance Company PLC 2015 decision by the England and Wales Court of Appeal relating to insurance fraud has now been overturned on appeal by the UK Supreme Court. This appeal judgment sets an important precedent for the law relating to insurance fraud and will undoubtedly have an impact on the South African insurance industry.

Deterioration of plastic bags by sun as an accidental occurrence

07 September 2016 | General

The US Appeal Court in Iowa held that manufactured plastic bags that deteriorated in sunlight because of the absence of an ultraviolet inhibitor and caused small shreds of plastic to commingle with a customer’s landscaping materials requiring clean-up was an accident and therefore an occurrence under their comprehensive general liability policy.

Child born with cerebral palsy due to medical negligence: Can you still sue for pain and suffering?

06 September 2016 | General

This article looks at how the courts have decided upon the issues of liability and quantum in cases of medical malpractice and / or medical negligence. A specific focus will be placed on the reasons as to why one should not succeed in a claim for general damages (pain, suffering, trauma, shock, loss of amenities of life, disability, etc.) in the event of having been born with cerebral palsy due to the negligence of hospital staff.

Wilful act and business activity exclusions applied to defamation claim

05 September 2016 | General

The wife in a couple who were both dentists posted a phony social media review about a competing dentist accusing him of being unprofessional and providing terrible care.

quick poll

Question

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

Answer

The cost and complexity of relicensing Demonstrating customer outcomes through data and reporting Embedding a customer-first culture across the business Aligning existing compliance frameworks with COFI requirements

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