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South Africa decisions
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Kramer Weihmann Incorporated v Joubert and Others (3645/2022) [2024] ZAFSHC 374 (25 November 2024)
The High Court dismissed exceptions to amended particulars of claim in a damages action, holding that the pleadings disclosed a sustainable cause of action.
Van Oudtshoorn v VVM Centurion (Edms) Bpk h/a Brokers 2000 (A1194/06) [2009] ZAGPPHC 314 (25 September 2009)
The High Court held that an insurance broker breached its mandate by failing to warn about a new outbuilding exclusion affecting contents in Gideon's room.
Walker v Santam Limited and Others (410/08) [2009] ZASCA 56; 2009 (6) SA 224 (SCA) ; [2009] 4 All SA 60 (SCA) (28 May 2009)
The Supreme Court of Appeal held that the appellant had proved his entitlement to indemnity under the insurance contract, having established the occurrence of the insured event and the quantum of his loss. The appellant's evidence regarding the sale of the wreck was unchallenged and demonstrated that he took reasonable steps to minimise his loss. The respondents failed to show that a better price could have been obtained or that the appellant acted unreasonably. The court distinguished the present contractual claim from the delictual claim in Erasmus v Davis, finding that the requirements for…
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Coetzee v Attorneys' Insurance Indemnity Fund (126/2001) [2002] ZASCA 94; [2002] 4 All SA 509 (SCA); [2002] 4 All SA 1 (SCA); 2003 (1) SA 1 (SCA) (2 September 2002)
The Supreme Court of Appeal held that the limitation of liability clause in the indemnity policy applies to both the capital claim and the claimant's costs and expenses. The wording of clause 3.1, which refers to 'all claims and claimants’ costs and expenses', was interpreted to include the costs of the third party (Coetzee) within the R1 million limit. The Court rejected the argument that clause 6.10 of the policy increased the indemnity limit by the amount of costs incurred prior to payment, finding that the clause merely ensures the insurer remains liable for costs already incurred when it…
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