There is no “lawyer’s paradise”: Interpreting contracts of insurance

It is well known that insurance contracts need not be reduced to writing to be rendered enforceable, however, given that insurance is, by and large, a risk transferring enterprise it is commonplace to find the terms of the contract reduced to a written agreement (policy). This obviates the need for either party to prove the
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Business interruption insurance: But for COVID-19 / But for the lockdown regulations?

Businesses across most landscapes have suffered immensely due to the impact of COVID-19 (Coronavirus). Business insurance appears to be no exception. In a ground-breaking decision, the Western Cape High Court in the case of Café Chameleon v Guardrisk Insurance Company Ltd (WCHC, Case no. 5736/2020, 26 June 2020) ruled against an insurer for payment of
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Risks of pandemic-related insurance – a public-private partnership on the horizon…

The enforceability of extension clauses relating to contagious or infectious diseases contained in certain business interruption insurance policies has raised legal and policy considerations, with different opinions being advanced from within legal circles. The South African Financial Sector Conduct Authority (FSCA) and Prudential Authority (PA) (collectively, the Authorities) have released Joint Communication 5 of 2020.
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Business Inter/uption/pretation

The COVID-19 pandemic has undoubtedly led every business to assess their existing insurance cover in the hope that they have business interruption cover in place. Many would have been excited at the inclusion of a section titled “Business Interruption” in their policy wording, but in the insurance world, that blanket term does not guarantee cover
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Insurance: When is a shareholder’s interest an insurable one?

The concept of an insurable interest forms part of the foundation of a contract of insurance. In South African insurance law, without an insurable interest a contract of insurance will be invalid. Usually, a person is said to have an insurable interest where he or she faces financial harm on the loss or destruction of
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