South Africa Case Law

Bonifacio and Another v Lombard Insurance Company (247/2023)

Bonifacio and Another v Lombard Insurance Company (247/2023) [2024] ZASCA 86 (4 June 2024)

Court

Supreme Court of Appeal

Case number

247/2023

Judges

Ponnan, Nicholls, Matojane, Koen, Seegobin

The Supreme Court of Appeal held that the appellants were liable to indemnify the respondent for the payment made under the performance guarantee. The guarantee was autonomous and created an obligation to pay upon demand, irrespective of disputes in the underlying contract. The indemnity contract entitled the respondent to settle DBT's claim and seek indemnification from the appellants, and the settlement did not deprive the appellants of any procedural rights, as they failed to exercise those rights when available. The liability under the indemnity was not conditional upon a court finding ag…

Source excerpt

• Performance Guarantee
• Indemnity
• Third Party Procedure
• Settlement Agreement
• Fraud Defence

Outsurance Insurance Company Limited v Mpapama (62371/2019)

Outsurance Insurance Company Limited v Mpapama (62371/2019) [2022] ZAGPPHC 358 (30 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

62371/2019

Judge

Collis

The High Court rescinded a default judgment against an insurer, finding its failure to defend was not wilful and that it had a bona fide defence.

• Rescission Of Judgment
• Wilful Default
• Bona Fide Defence
• Insurance Contract
• Fraud Defence
• Rescission-of-judgment