Walker v Santam Limited and Others (410/08)
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…
Source excerpt
- Indemnity Insurance
- Proof Of Loss
- Quantum Of Damages
- Minimisation Of Loss