The news that dominated the headlines this past weekend, 15 – 17 September 2023, was the storm surge incidents that swept across three coastal provinces – the Western Cape, Eastern Cape, and KwaZulu-Natal. Mainstream media and social media alike were abuzz with the...
Insurance Law
Legalities Around Household Contents Insurance: Prevalent Problems & Possible Solutions
During the course of last year, 2022, there were various media reports that there has been a significant rise in home insurance claims. Complimenting these reports was the announcement by the Short-term Ombudsman’s Office that there had been a rise in disputes...
In the Spotlight: JSE Censure Decision Under Scrutiny
On 5 September 2023, a noteworthy legal judgement emerged from the Gauteng Division of the High Court of South Africa, situated in Johannesburg. The case centered around an individual sanctioned by the Johannesburg Stock Exchange (“JSE”) for transgressing various...
Late filing of reconsideration applications – Condonation applications in the Financial Services Tribunal
Introduction: It is not uncommon for financial services representatives (“the representatives”) who are debarred to run out of time to file their reconsideration applications. There have been, over the years, various reasons submitted to the Financial Services...
Food delivery scooters and road accidents – can you claim from the RAF?
Road accidents involving food delivery drivers are far more common than you can imagine, with most cases reported to have resulted in serious injuries and death. Following the COVID-19 pandemic, with most people choosing to stay indoors, the food delivery industry...
CRITICAL FACTORS FOR CONSIDERATION BY FINANCIAL SERVICES’ REPRESENTATIVES & KEY INDIVIDUALS WHEN CHALLENGING A DEBARMENT DECISION
Introduction: It is often said that South Africa’s financial sector is one of the most highly regulated in the world. This is certainly true if one has regard to the several ‘financial sector laws’ (see Schedule 1 of the Financial Sector Regulation Act) that regulate...
RISE IN UNNATURAL DEATHS’ INSURANCE CLAIMS: HOW DO LIFE POLICIES AND THESE CLAIMS WORK?
There have been reports regarding the rise of non-indemnity claims stemming from unnatural deaths. This is certainly worrying for life insurers. This is particularly concerning because life insurers have had to entertain several claims in the past couple of years due...
Truck Arson on the Rise Again: What This Means for the Insurance Industry?
The past few weeks have been engulfed with flames of truck arson attacks in South Africa. Over 20 trucks have been torched in various provinces including Mpumalanga, Limpopo, Kwa-Zulu Natal, etc. While the sudden rise in these incidents is undoubtedly worrisome, one...
MiWAY NOT GETTING ITS WAY IN A CAR THEFT CASE: VICTORY FOR THE INSUREDS
INTRODUCTION The North Gauteng High Court recently handed down a judgment which will undoubtedly gain support from many policyholders. Whilst the matter specifically relates to a car insurance claim, the principles laid down in this case will certainly find...
Is Failure to Adhere to Insurance Policy Conditions Always Problematic
Introduction It is almost impossible to think of an insurance policy that does not have any conditions and/or warranties. Most insurance policies, if not all, have various conditions and warranties which, if they are not adhered to, may lead to a lawful rejection of...
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