Tag: Adams and Adams
Court upholds exceptions
A few years ago, several well-known short-term insurance companies took legal action against an intermediary company due to the damages they incurred as a result of the intermediary's collapse. The intermediary, presently in liquidation, was responsible for the collecting and accounting of premiums owed to the insurers.
Why underinsurance could come back to bite policyholders
Many policyholders are underinsured, whether it be deliberately or ignorantly so. Either way, it may just come back to bite them at the claims stage. Underinsurance arises when the amount for which an object is insured is less than the actual value thereof.
Certificates of Compliance for solar systems & inverters
Insurance policies often contain a standard clause requiring policyholders to comply with the laws of the country where the policy is issued. The intention behind the clause is to ensure that policyholders act in a lawful manner. Failure to comply may lead to policy exclusions or the denial of claims.
A country engulfed in flames & smoke! – what it means...
It is becoming normal to wake up to reports of fires - since the July 2021 civil unrest there have been at least a further four major fire outbreaks reported.
Champagne vs Shampanskoye – war on protection of brand names
In what can best be described as a robust and 'no bars held' move, Russia has declared that champagne producers must now include the designation 'sparkling wine' on their champagne products manufactured for export to Russia.
Innocent bystanders – liability of SAPS during the July 2021 lootings
In July 2021, South Africa was ravaged by lootings and violent protests following the incarceration of former President Jacob Zuma. Reports suggest that as many as 117 people have been killed and hundreds of businesses were lost or destroyed as a result of the violence that erupted during demonstrations across the country.
Do directors only owe a duty to the company?
Is it time to broaden the traditional concept that directors owe a duty to the company only? There is an interdependency between companies and South African society, which mirrors the African concept of Botho, otherwise known as Ubuntu, which translates to ‘I am because you are; you are because we are’.
Why are there no recorded claims against COVID-19 related medical negligence?
During the first wave of infections in South Africa, there were several allegations of negligence in various institutions leading to 'mass infections' – for example, amongst others, the Saint Augustine Private Hospital incident in KwaZulu-Natal, Durban.
Customary marriages and ‘izibizo’: is tradition becoming extortion?
South African Customary Law consists of various customs, traditions and practices that are carried out, including during the process of getting married. It forms part of the observations of culture and traditions that date back decade upon decade.
Proposed amendments to guidelines on small merger notifications
The Competition Commission (the Commission) has released proposed amendments to its guidelines to small merger notification, which are set to take effect after 7 June 2021. The guidelines have been introduced to address the commission’s concerns regarding the increasing acquisitions of new innovative companies by established players, particularly in the digital markets.
