Tarring Corporation CC v New National Assurance Company Limited (30226/2014)
Tarring Corporation CC v New National Assurance Company Limited (30226/2014) [2016] ZAGPPHC 823 (9 September 2016)
The court found that the theft of the Uni-Loader did not fall within the policy exclusion for absconsion, as interpreted restrictively and in context with the general exceptions. The Plaintiff did not act recklessly or with willful negligence, and took reasonable precautions in the circumstances, including verifying documents and securing the site. The Defendant failed to prove that the Plaintiff hired out the equipment or breached the relevant policy conditions. Notice of claim was given timeously to the broker and the police, and the Defendant suffered no prejudice in its investigation. The…
Source excerpt
- Insurance Contract Interpretation
- Policy Exclusions
- Reasonable Precautions
- Absconsion Clause
- Notice Of Claim
- Jurisdiction And Service