INSURANCE

In Fabyanske, Westra, Hart & Thomson, P.A. v. Western National Mutual Insurance Company, the Minnesota Court of Appeals held that where a liability insurer undertakes the defence of an insured subject to a reservation of rights, and the factual questions to be resolved in the underlying liability proceedings are the same facts upon which the […]

The Gauteng Division of the High Court, Pretoria, recently had to decide an issue in the judgment of Maoto N.O v Minister of Police (54912/2014) concerning the transmissibility of a non-patrimonial damages claim to a deceased estate in circumstances where the joinder of a party to the main proceedings post-dated the death of the deceased. […]

A United States court has held, in Express Jewelry Enterprises, Inc. v. National Fire Insurance Company of Hartford, No. 23-10615 (E.D. Mich. Aug. 7, 2025), that a broadly worded water exclusion – covering both flood and sewer or drain backup, and applying regardless of any other contributing cause – defeated a policyholder’s claim for storm-related […]

A United States court has held, in Kinsey & Kinsey, Inc. v. Philadelphia Indem. Ins. Co., 2026 WL 1470258 (N.D. Ill. May 26, 2026), that a professional liability insurer breached its policy by settling a claim against one insured without the consent of the other insureds named under the same policy, despite a clause requiring […]

FACTUAL BACKGROUND The plaintiff issued summons against the defendant for payment of R696,002.42, together with interest and costs. The claim was founded upon an Acknowledgement of Debt (“AOD”) concluded between the parties on 21 July 2020 at Bloemfontein. In terms of the AOD, the defendant acknowledged being truly and lawfully indebted to the plaintiff in […]

Introduction The recent decision in Dimension Church v. Church Mutual Insurance Company, S.I. offers a instructive reminder of the exacting standards that apply when an insurer seeks to cancel a policy for non-payment of premiums. At its core, the judgment turned on a deceptively simple question: did the insurer send its cancellation notice to the […]

Facts On 10 April 2016, the Plaintiff was admitted to a private hospital complaining of pain in her left knee. Unbeknown to anyone at the time, the Plaintiff had suffered a ruptured aneurysm in her popliteal artery, resulting in limited blood flow to her lower left leg. The rupture went untreated for a critical period, […]

INTRODUCTION In a recent Johannesburg High Court judgment, the plaintiff, Karanie, instituted action against the life insurer, the defendant, in December 2012 for payment of benefits allegedly due under a life insurance policy. The Defendant defended the action and filed a counterclaim to recover payments already paid under the policy. The matter was then enrolled […]

Practitioners appearing in full court appeals have long worked on the assumption that Rule 49(13) of the Uniform Rules applies whenever an appeal is directed to the full court of a division of the High Court – regardless of who granted leave. That assumption has now been tested and found wanting. In Koopman v Minister […]

Introduction On the night of 13 October 2014, two Grade 12 learners— B, aged 18, and O, aged 17 — drowned while attending a school revision camp. The camp had been organised to assist learners in their Matric examination preparation, and no provision had been made for swimming. Learners were expressly and repeatedly instructed not […]

Private bodies – such as hospitals, medical practices, banks and everyday employers – regularly receive requests for access to information under the Promotion of Access to Information Act 2 of 2000 (“PAIA”). Many recipients assume they have no choice but to comply with every request placed before them. That assumption is wrong. A recent High […]

Introduction A recent judgment of the Mahikeng High Court serves as a stark reminder that a change in the legal foundation of a claim — from contract to delict — is not merely a technical adjustment. It constitutes the introduction of a new cause of action and, consequently, a new debt for the purposes of […]

Claims for damages arising from injuries on public infrastructure are a regular feature of South African litigation. What is frequently underestimated, however, is the demanding role that foreseeability plays in limiting such claims. A recent High Court judgement from the Western Cape Division, delivered on 10 March 2026 per Janisch AJ, provides a sobering illustration […]

Claims for damages arising from emotional shock are often pursued without a full appreciation of the legal requirements that must be satisfied for success. One requirement in particular is frequently overlooked: the plaintiff must prove, through expert psychiatric evidence, that they have suffered a detectable psychiatric injury as opposed to mere emotional distress. The recent […]

Adams Adams Africa · Insurance