Transnet SOC Limited v Santam Limited (30445/2014)
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…
Source excerpt
- Insurance Contract Interpretation
- Pollution Liability
- Statutory Obligation Under Nema
- Policy Exclusions
- Waiver Of Rights
- Notice Requirements