South Africa Case Law

Mkansi v Legal Practitioners Indemnity Insurance Fund (61050/21)

Mkansi v Legal Practitioners Indemnity Insurance Fund (61050/21) [2022] ZAGPPHC 1019 (8 December 2022)

Court

North Gauteng High Court, Pretoria

Case number

61050/21

Judge

Khwinana

The court found that the applicant lodged his claim for indemnity timeously and complied with the procedural requirements set by the respondent. The respondent's assertion of prescription was rejected, as the claim for indemnity only arises when liability to a third party is established, and the amount payable is determined. The court distinguished the present application from previous proceedings, holding that the relief sought was not res judicata. However, both parties failed to invoke the dispute resolution mechanism stipulated in clause 6.4 of the insurance policy, which requires referra…

Source excerpt

• Professional Indemnity Insurance
• Prescription Act
• Alternative Dispute Resolution
• Res Judicata
• Specific Performance

Oosthuizen v Castro (2858/2012)

Oosthuizen v Castro (2858/2012) [2017] ZAFSHC 163; [2017] 4 All SA 876 (FB); 2018 (2) SA 529 (FB) (18 September 2017)

Court

Free State High Court, Bloemfontein

Case number

2858/2012

Judge

Daffue

The court found a financial adviser liable for recommending a risky Sharemax investment to a widow seeking safe preservation of capital, and held the insurer must indemnify him.

• Professional Indemnity Insurance
• Financial Advice Liability
• Contractual Exclusion Clause
• Negligence
• Interpretation Of Contracts
• Professional-indemnity-insurance

Bader and Others v Centriq Insurance Company Limited (4572/2015)

Bader and Others v Centriq Insurance Company Limited (4572/2015) [2017] ZAGPJHC 12 (16 February 2017)

Court

South Gauteng High Court, Johannesburg

Case number

4572/2015

Judge

Wepener

The High Court held that a judgment against the insured did not, by itself, bind the insurer under section 156 of the Insolvency Act.

• Insolvency Act Section 156
• Professional Indemnity Insurance
• Burden Of Proof On Insurer Liability
• Insolvency-act-section-156
• Professional-indemnity-insurance
• Insurance-coverage-disputes

Van Immerzeel and Another v Santam Ltd (646/2004)

Van Immerzeel and Another v Santam Ltd (646/2004) [2005] ZASCA 128; [2006] 3 All SA 434 (SCA); 2006 (3) SA 349 (SCA) (5 December 2005)

Court

Supreme Court of Appeal

Case number

646/2004

Judges

Zulman, Streicher, Navsa, Mthiyane, Cachalia

The Supreme Court of Appeal held that a notice of a possible claim is not itself a claim first made under a professional indemnity policy.

• Professional Indemnity Insurance
• Claims Made Policy
• Policy Interpretation
• Notification Of Claim
• Limit Of Indemnity
• Professional-indemnity-insurance

David Trust and Others v Aegis Insurance Company Ltd and Another (645/97)

David Trust and Others v Aegis Insurance Company Ltd and Another (645/97) [2000] ZASCA 19; 2000 (3) SA 289 (SCA) ; [2000] 2 All SA 297 (A) (31 March 2000)

Court

Supreme Court of Appeal

Case number

645/97

Judges

Hefer, Smalberger, Nienaber, Marais, Mthiyane

The court held that a professional indemnity policy covered losses from a partner’s embezzlement in the course of a mandate to administer client funds.

• Professional Indemnity Insurance
• Mandate Liability
• Embezzlement By Partner
• Breach Of Contract
• Quantification Of Damages
• Mora Interest