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South Africa Case Law

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Delict [2014] ZAGPPHC 473

African Environmental Drilling CC v Almega Finansiele Dienste (47753/08)

African Environmental Drilling CC v Almega Finansiele Dienste (47753/08) [2014] ZAGPPHC 473 (10 July 2014)

The High Court dismissed a claim against an insurance broker, finding no proved mandate breach and holding that average did not apply to a total loss.

  • Professional Negligence
  • Insurance Broker Liability
  • Underinsurance
  • Average Clause
  • Basis Of Indemnification
  • Insurance-broker-liability
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Commercial And Corporate [2011] ZAKZPHC 22

Chemical Specialities Ltd v Hollard Insurance Company Ltd (16164/08)

Chemical Specialities Ltd v Hollard Insurance Company Ltd (16164/08) [2011] ZAKZPHC 22 (26 May 2011)

The court held that insurance cover extended to the Aberdare Drive warehouse was part of the existing Phoenix fire cover, so average applied and the claim failed.

  • Insurance Policy Interpretation
  • Average Clause
  • Variation Of Contract
  • Broker Authority
  • Insurance-policy-interpretation
  • Average-clause
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Commercial And Corporate [2006] ZASCA 120

Mutual and Federal Insurance Company v Chemalum (Pty) Ltd (683/05)

Mutual and Federal Insurance Company v Chemalum (Pty) Ltd (683/05) [2006] ZASCA 120; [2007] 2 All SA 595 (SCA); 2007 (2) SA 479 (SCA) (29 November 2006)

The Supreme Court of Appeal held that an insurance business-interruption average clause reduced the indemnity, and the premium-adjustment clause did not adjust the sum insured.

  • Insurance Policy Interpretation
  • Business Interruption
  • Average Clause
  • Quantification Of Loss
  • Insurance-policy-interpretation
  • Business-interruption
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.