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Maritime claim jurisdiction over freight forwarders demand guarantee

15 April 2016 | General

A claim for payment under a demand guarantee that guarantees payment of clearing and forwarding fees is a maritime claim in terms of the Admiralty Jurisdiction Regulation Act. This is so because it is a claim for payment “arising out of or relating to the remuneration of a forwarding agent”. Therefore the Gauteng High Court did not have jurisdiction to hear a dispute over the guarantee because it was an “inland court”. Courts with an area of jurisdiction that is not adjacent to the territorial waters of South Africa only have admiralty jurisdiction under the Act over limited types of maritime claims which do not include claims relating to the remuneration of a forwarding agent.

Cover for a cyber breaches under general liability policies

14 April 2016 | General

If insurers don’t want to cover cyber liability under a general liability policy they’d better check their wordings and introduce exclusions if necessary.

Don’t use regulations to interpret an act

13 April 2016 | General

In two recent cases the Supreme Court of Appeal has pointed out that it is generally impermissible to use regulations created by a Minister as an aid to interpret an act passed by Parliament, even if the act includes the regulations.

Temporary removal clause in policies

08 April 2016 | General

Insurers are often faced with claims for stock which has been damaged whilst being temporarily held at premises other than the risk address. The temporary removal clause provides cover for property insured whilst temporarily removed from the risk address or location to other premises including whilst in transit. The words “temporarily removed” in relation to stock means “taken away for a short time with the intention of returning it”.

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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