News & Insights
No Pay, No Indemnity: Assignment-Only Settlement Does Not Trigger Coverage
In ISMIE Mutual Insurance Co. v. Pergament, an Illinois appellate court reaffirmed a core principle of professional liability insurance: indemnity is not triggered unless the insured becomes legally obligated to pay damages. The court held that where a doctor assigned his policy rights to a claimant but was expressly relieved of any payment obligation, the […]
October 15 2025
Network disruptions across the country
We were informed by our colleagues in Cameroon that their presidential elections took place on 12 October 2025. Since the elections there have been serious network disruptions across the country. This is expected to continue until the results are published, which may take as long as two weeks. Please therefore expect delays in communications regarding […]
October 14 2025
Urgent Newsflash: Operational Disruptions in Madagascar Due to Nationwide Strikes
Due to ongoing nationwide strikes and protests across Madagascar, including significant disruptions in Antananarivo, our operations are currently impacted. Daily clashes between demonstrators and authorities have led to road blockages, limited public transport, and safety concerns near our local associates’ office. The Registry is operating on limited hours and only when it is deemed safe […]
October 06 2025
INDIAN CASE SPOTLIGHTS HOW DOCTORS’ HANDWRITING CAN BECOME A LEGAL LIABILITY
Introduction In a widely shared judgment delivered on August 27, 2025, the Punjab and Haryana High Court, in India, addressed a critical yet often overlooked issue in the Indian healthcare system—doctors’ handwriting. Justice Jasgurpreet Singh Puri, while presiding over a bail hearing in a criminal case involving allegations of rape, cheating, and forgery, encountered a […]
October 03 2025
TRIGGERING THE EXCLUSION: HOW A FIREARMS CLAUSE SHIELDED AN INSURER FROM LIABILITY
A recent U.S. federal court decision underscores the power of exclusion clauses in commercial general liability policies—particularly those involving firearms. Facts of the case: Two patrons of a Georgia-based lounge brought lawsuits after suffering injuries during a violent incident at the establishment. One patron was shot, while the other was trampled in the ensuing panic. […]
September 30 2025
EMPLOYER IMMUNITY IS NOT ABSOLUTE: WHAT THIS MEANS FOR EMPLOYMENT PRACTICES POLICIES
Introduction A recent judgment from the Mpumalanga Division of the High Court provides a critical interpretation of Section 35(1) of the Compensation for Occupational Injuries and Diseases Act (COIDA). It explores the limits of employer immunity under COIDA when tragic incidents occur in the course of employment—but not necessarily arising from it. Facts of the […]
September 19 2025
Re-instatement of companies and close corporations process digitised by CIPC
On 11 August 2025 the Companies and intellectual Property Commission (CIPC) announced that the application process for the re-instatement of companies and close corporations (From CoR40.5) has been fully automated. The upgrade forms part of CIPC’s mission to modernise and digitise the services it renders to the public, with the view of saving time and […]
September 17 2025
OAPI championing copyright to increase economic growth
OAPI, in collaboration with the World Intellectual Property Organization and the Government of Cameroon, hosted the joint regional conference in Yaoundé on 28 and 29 July 2025. The event brought together public decision makers, experts and cultural actors from Central and West Africa with the view of developing a roadmap to ensure that copyright is […]
September 17 2025
Launch of the OAPILEX database
Recently, the African Intellectual Property Organization (OAPI) launched its online publicly accessible intellectual property jurisprudential database, OAPILEX. While the OAPILEX database contains limited content at present, due to it still being in the development phase, the long term goal for the platform is to provide the public with access to a wide range of materials, […]
September 17 2025
Biotech star stuck in court over who controls its most valuable asset
Early in August 2025, a Federal High Court in Lagos stopped the asset sale of biotech star, 54gene, which included the biodata of 100 000 Nigerians. The decision stems from proceedings instituted by the company’s founder, Abasi Ene-Obong, who alleged that the start-up’s lead investors engineered the startup’s collapse and sought to dispose of its […]
September 17 2025
Operations suspended at the Trade Marks Office
The Libyan Council of Ministers has recently transferred the jurisdiction of the Trademark Office to the Commercial Registrar. While no regulatory changes have been implemented, the Trade Marks Office has temporarily suspended the acceptance of trade mark applications due to the transition. Importantly, applications filed during this suspension will not be forfeited. They will be […]
September 17 2025
Kenya’s green energy ambitions lead to unprecedented production of e-bikes in Africa
It is official, Kenya is now the largest manufacturer of electronic motorcycles in Africa. The surge in the market is a direct result of the Kenyan government submitting a plan to the United Nations in April earlier this year, committing to a 35% reduction in greenhouse gas emissions by 2035, with a key focus being […]
September 17 2025
Harare Protocol enters into force in the Republic of Mauritius
On 27 August 2025, the Harare Protocol on Patents, Utility Models and Industrial Designs officially entered into force in the Republic of Mauritius. This makes the Republic of Mauritius the 21st ARIPO Contracting State to the Protocol. As a result, applicants making use of the ARIPO system can now designate Mauritius in their patent, industrial […]
September 17 2025
Tanzania introduces Mandatory trade mark recordation system for imported goods
On 1 September 2025, the Fair Competition Commission (FCC) issued a Public Notice announcing the implementation of a mandatory trade mark recordation system for all goods imported into mainland Tanzania. This notice does not include Zanzibar. This development follows the enactment of the Finance Act, 2025, which introduced Section 11A to the Merchandise Marks Act […]
September 09 2025
Mind the Wording: No Coverage Without a Clear Demand — Lessons for Claims Teams
A recent decision from the United States District Court for the Southern District of California, in the matter between Del Mar Woods v. Philadelphia Indemnity Insurance Co., 2025 WL 1798300 (S.D. Cal. June 27, 2025), provides guidance on the interpretation of “Claim” under claims-made insurance policies and highlights the limits of what may constitute a […]
September 02 2025
Provident Fund Contributions and the Labour Relations Act: Tribunal Reaffirms Employers Statutory Obligations
When contributions to a provident fund are not paid, it is the beneficiaries who suffer the most. A reconsideration application before the Financial Services Tribunal (“the Tribunal”) confirmed that employers remain bound to honour their obligations, regardless of probationary status of employees or business transfers. The application arose from contributions that were not paid on […]
September 01 2025
Honesty and Integrity in Financial Services: Fit and Proper Requirements Under Judicial Scrutiny
A recent decision of the Financial Services Tribunal underscores the fundamental importance of the “fit and proper” requirements in the financial services sector, particularly the qualities of honesty and integrity. The ruling confirms that these standards are not aspirational ideals but binding regulatory thresholds. Where a representative’s conduct falls short, debarment is both warranted and […]
September 01 2025
US COVERAGE DISPUTE: SIXTH CIRCUIT FINDS PRIOR KNOWLEDGE FATAL TO CLAIMS-MADE INSURANCE POLICY
Brief background The insured applied for a claims-made professional liability policy and answered “No” to a question asking whether it was aware of any circumstances that might result in a claim. Prior to the application, the insured had received multiple complaints from a customer regarding defective equipment and had internally acknowledged the issues. The insurer […]
August 28 2025