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South Africa decisions
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Chartis South Africa (Pty) Ltd v Super Group Trading (Pty) Ltd (36709/2010) [2014] ZAGPJHC 361 (21 November 2014)
The court ordered the insured to provide further particulars about its theft-loss claim and refused to separate liability and quantum issues for trial.
PFC Food CC v Three Peaks Management (Pty) Ltd (5573/2009) [2012] ZAKZDHC 57 (10 September 2012)
The court found that the defendant, as insurance broker, failed to act with reasonable care and skill in advising the plaintiff on business interruption insurance. The defendant did not obtain sufficient financial information, did not explain the calculation of business interruption losses, and failed to warn the plaintiff about the risk of under-insurance and the application of average. The evidence showed that the plaintiff relied on the broker for advice and would have increased cover if properly advised. The defendant's reliance on the plaintiff's instructions was insufficient, as the bro…
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