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South Africa decisions
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Le Bonheur Wine Estate (Pty) Ltd v Stellenbosch Vineyards (Pty) Ltd (17111/2021) [2025] ZAWCHC 260 (20 June 2025)
The court held that subrogation does not transfer procedural rights to an insurer. Le Bonheur could replace its attorneys, and Hollard was joined as co-plaintiff.
Van Sensie v Road Accident Fund (2533/2019) [2025] ZAECQBHC 17 (13 May 2025)
The court upheld a claim for past medical and hospital expenses arising from a motor vehicle collision, including amounts paid by Discovery Health and by the plaintiff.
Mehrez and Another v Ndwandwe (65685/13) [2017] ZAGPPHC 405 (23 March 2017)
The court found that the plaintiffs are not party to the insurance agreement between the defendant and his insurer and therefore have no obligation to join the insurer as a party to the proceedings. The obligation to join the insurer, if any, rests solely with the defendant. The court relied on authoritative insurance law commentary and case law, which establish that subrogation and contractual obligations between insurer and insured do not extend to third parties such as the plaintiffs. Accordingly, the defendant's special plea was dismissed.
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Rand Mutual Assurance Company Ltd. v Rand Accident Fund (484/07) [2008] ZASCA 114; 2008 (6) SA 511 (SCA) ; [2009] 1 All SA 265 (SCA) (25 September 2008)
The Supreme Court of Appeal held that the procedural requirement for an insurer to sue in the name of the insured is not a substantive rule of South African law and does not serve a public interest in modern times. The court found that section 36(1)(b) of COIDA does not expressly include mutual associations, but the insured employer, having been indemnified, is entitled to recover from the third party, and the insurer may exercise the right of recourse either by cession or by bringing a subrogated claim. The court determined that the appellant was not non-suited by litigating in its own name,…
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Stad Tshwane Metropolitaanse Munisipaliteit v Body Corporate Faeriedale (303/02) [2003] ZASCA 50; 2003 (6) SA 440 (SCA) (22 May 2003)
The Supreme Court of Appeal held that a body corporate could not sue for damages to individual units under section 36(6) of the Sectional Titles Act.
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