AIG South Africa Limited v 43 Air School Holdings (Pty) Ltd and Others (640/2023) [2024] ZASCA 97; [2024] 3 All SA 319 (SCA); 2024 (6) SA 28 (SCA) (13 June 2024)
Court
Supreme Court of Appeal
Case number
640/2023
Judges
Dambuza, Mokgohloa, Matojane, Coppin, Tolmay
The SCA held that business interruption cover was composite, not joint, and that AIG was liable for 43 Air School’s first two Covid-19 claims.
Zurich Insurance Company South Africa Ltd v Gauteng Provincial Government (734/2021) [2022] ZASCA 127; [2023] 1 All SA 368 (SCA); 2023 (1) SA 447 (SCA) (28 September 2022)
Court
Supreme Court of Appeal
Case number
734/2021
Judges
Ponnan, Plasket, Basson, Weiner, Siwendu
The Supreme Court of Appeal held that prescription did not begin to run until the province acquired actual knowledge of the damage in 2014, following expert investigation, and thus the claim was not prescribed when summons was served in 2015. The Court found, based on expert evidence, that the rock mass surrounding the tunnel void is an essential component of the tunnel and forms part of the property insured under the policy. The Court further held that the High Court's order was clear, enforceable, and consistent with established practice, properly separating liability from quantum for later…
Watson and Another v Renasa Insurance Company Limited (14664/2012) [2019] ZAWCHC 7; [2019] 2 All SA 280 (WCC); 2019 (3) SA 593 (WCC) (14 February 2019)
Court
Western Cape High Court, Cape Town
Case number
14664/2012
Judge
J Cloete
The court found that the plaintiff's inability to reinstate the damaged machinery was a direct result of the defendant insurer's persistent refusal to pay or tender any amount under the policy, including the indemnity value. The insurer's conduct placed the plaintiff in an untenable financial position, making reinstatement impossible despite his genuine and continuing intention to do so. The court held that the reinstatement value conditions (RVC) clause remained applicable, and the defendant could not rely on the plaintiff's inability to reinstate as a defence, especially where the insurer f…
Govender v Argyle Poultry Farms (Pty) Ltd (1055/09) [2009] ZAKZPHC 73; (2010) 31 ILJ 1593 (KZP) (7 December 2009)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
1055/09
Judge
Stewart AJ
The court held that a site foreman’s brief trip to refuel his vehicle did not amount to deliberate absence from service under a pension policy exclusion.
SMD Telecommunications CC v Mutual and Federal Insurance Company Ltd (5450/2005) [2009] ZAWCHC 147 (18 May 2009)
Court
Western Cape High Court, Cape Town
Case number
5450/2005
Judge
Davis
The court found that the insurance contract required the death to result solely and independently from bodily injury caused by violent, accidental, external, and visible means. The evidence established that the deceased's chronic condition was stable prior to the accident and that the accident and subsequent medical interventions constituted repeated insults to his body, culminating in a fatal myocardial infarction. The defendant failed to plead or prove any exclusion for pre-existing conditions. Applying the principles from Concord Insurance, the court held that the deceased's ill health was…
Fedsure General Insurance Ltd v Carefree Investments (Pty) Ltd (477/99) [2001] ZASCA 88; [2002] 1 All SA 379 (A); 2001 (4) SA 1309 (SCA) (11 September 2001)
Court
Supreme Court of Appeal
Case number
477/99
Judges
Howie, Schutz, Mpati, Cloete, Brand
The Supreme Court of Appeal held that stolen imported goods were not in the ordinary course of transit because they were left in bonded storage for commercial convenience.
