Rand Mutual Assurance Company Ltd. v Rand Accident Fund (484/07)
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,…
Source excerpt
- Insurance Subrogation
- Compensation For Occupational Injuries
- Right Of Recourse
- Locus Standi
- Procedural Formalism