INSURANCE

In Las Vegas Sands, LLC v. National Union Fire Insurance Co. of Pittsburgh, the United States Court of Appeals for the Ninth Circuit, reviewing the matter de novo, held that the lower court had erred in treating legally distinct causes of action – breach of contract, fraud, and quantum meruit – pleaded within a single […]

In Great West Casualty Co. v. VanFleet, the United States District Court for the Central District of Illinois held that a commercial general liability (“CGL”) insurer owed no duty to defend or indemnify its insureds – a trucking contractor and its owner – in respect of a municipality’s claim to recover costs incurred in remediating […]

Brief facts In the recent dog-bite judgment, the plaintiff brought an action of actio de pauperie (a Roman-Dutch law strict liability remedy that allows a person to claim compensation from the owner of a domestic animal when that animal causes damage or injury while acting contrary to its normal nature) against the defendants after being […]

Brief facts of the case Emfuleni Local Municipality employed Mr Azwindini Silence Munwai as a Senior Engineering Technician in its Parks and Cemeteries Department from November 2010. Over the years, his working relationships became strained — a protection order was granted against him in favour of his direct manager, and he was shuffled between departments. […]

Brief facts The plaintiff, a tenant, instituted a delictual claim against the defendant, her landlord, in her representative capacity as the mother and natural guardian of her minor son. The claim arose from an incident in which a large, heavy sliding gate at the rented premises became dislodged from its track and toppled directly onto […]

In General Star Indemnity Co. v. Toy Quest Ltd, the United States District Court for the District of Minnesota held that a commercial general liability (“CGL”) insurer owed no duty to defend its insureds against a claim for “abuse of process” where the policy’s personal injury coverage enumerated specific offences – including malicious prosecution – […]

In General Casualty Co. of Wisconsin v. Reed Hein & Associates, LLC, the United States District Court for the Western District of Washington held that a commercial general liability (“CGL”) policy was subject to reformation – the equivalent of rectification under South African law – to restore a personal and advertising injury exclusion that had […]

In Global Approach, Inc. v. Scottsdale Insurance Co., 2026 WL 1513430, a United States federal district court granted summary judgement in favour of a property insurer on the entirety of the insured’s breach of contract claim, holding that the insured’s approximately six-week delay in reporting a water damage loss – combined with its demolition and […]

Introduction A recent High Court judgment has reaffirmed the protection afforded by litigation privilege to expert reports commissioned by insurers in the context of pending litigation. The case concerned an application to compel the disclosure of a preliminary report prepared by an agricultural loss adjuster, which had been commissioned by the respondent’s insurer to assess […]

In Griffith Foods v. National Union Fire Ins. Co. of Pittsburgh, PA, Case No. 131710, the Illinois Supreme Court held, on a certified question from the United States Court of Appeals for the Seventh Circuit, that a government permit or regulation authorising emissions – whether generally or at specified levels – has no relevance whatsoever […]

Introduction During the Covid-19 pandemic, the UK Government introduced the Coronavirus Job Retention Scheme (“CJRS”), which reimbursed employers for up to 80% of furloughed employees’ wages. Many businesses that received CJRS payments also held business interruption insurance policies containing “savings clauses”. These clauses required that any charges or expenses of the insured business that ceased […]

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