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South Africa decisions
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Transnet SOC Ltd v Santam Ltd (30445/2014) [2023] ZAGPJHC 879 (7 August 2023)
The High Court granted Transnet leave to appeal after dismissing its insurance claim against Santam, finding the dispute raised arguable points on policy interpretation.
AIG South Africa Ltd v 43 Air School Holdings (PTY) Ltd and Others (30404/2021) [2023] ZAGPJHC 714 (14 June 2023)
The High Court granted AIG leave to appeal to the Supreme Court of Appeal in a Covid-19 business interruption insurance dispute raising novel policy-interpretation issues.
Discovery Insure Limited v Masindi (534/2022) [2023] ZASCA 101 (14 June 2023)
The Supreme Court of Appeal held that clause 5.13 of the Discovery policy is clear and unambiguous: any fraudulent claim, even if only part of the claim is fraudulent, entitles the insurer to cancel the policy retrospectively from the incident date and to reclaim all amounts paid, including those for genuine components. The respondent forfeited all benefits under the policy when he submitted a partly fraudulent claim. The argument that accrued rights to genuine claims survive cancellation was rejected, as it would render the forfeiture clause nugatory and undermine its purpose of deterring fr…
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43 AIR School Holdings (Pty) Ltd and Others v AIG South Africa Ltd (30404/2021) [2023] ZAGPJHC 186 (20 February 2023)
The High Court held that the AIG policy covered 43 Air School’s related entities and ordered AIG to compensate business interruption losses for the lockdown period.
Ioannides N.O and Others v Western National Insurance Company Limited and Another (5056/2021) [2022] ZAFSHC 330 (22 November 2022)
The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success under section 17(1) of the Superior Courts Act.
Transnet SOC Limited v Santam Limited (30445/2014) [2022] ZAGPJHC 918 (9 November 2022)
The court held that the insurance contract indemnifies Transnet only for liability to pay compensation, not for statutory obligations to rehabilitate pollution under NEMA absent a third-party claim. The wording of the indemnity clause is narrower than in Verulam Fuel Distributors and does not extend to statutory reimbursement. The pollution was not caused by a 'sudden, unintended and unexpected happening' as required by the policy, since the fuel escape was gradual and controlled. Although Santam's conduct over three years could be interpreted as a waiver of its right to rely on late notice a…
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Blackspear Holding (PTY) Ltd v Bryte Insurance Company Limited and Another (26150/2020) [2022] ZAGPJHC 585 (22 August 2022)
The High Court interpreted an insurance clause on total loss of underground mining equipment and held that notional removal costs were not deductible.
Anabella Resources CC v Genric Insurance Company Limited (A5025/2019) [2020] ZAGPJHC 163 (2 July 2020)
Appeal upheld in insurance dispute over a remotely executed robbery. The court held the loss fell within armed robbery and theft/hijacking cover.
Technogistics (Pty) Limited v ABSA Insurance Risk Management Services t/a AIRMS (A5029/2018) [2019] ZAGPJHC 349 (19 September 2019)
The High Court held that Technogistics proved employee theft under its fidelity cover and that the insurer failed to prove a policy breach barring indemnity.
Concise Consulting Services (Pty) Limited v King Price Insurance Company Limited (A88/2018) [2019] ZAGPPHC 275 (9 May 2019)
High Court appeal in an insurance repudiation dispute; the court held the insurer failed to prove material misrepresentation and upheld indemnity.
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