Recources

Sep 23 2018 – Lameez Omarjee

Extreme weather patterns have increased the potential for liability claims, costing both insurers and clients more, an industry expert has warned.

In 2017, worldwide weather events, natural phenomena and large man-made disasters ran up estimated losses of $337bn (about R4.8 trn), according to global reinsurer Swiss Re Sigma. This translated to insured losses of $144bn (about R2.05bn).
South Africa has also contended with the results of extreme weather, such as the Knysna fires, the drought in the Western Cape, and severe floods and storms in Gauteng.

Insurers and reinsurers did manage to pay valid claims. However, the increase in weather events means insurers must be aware of a likely increase in such claims in the future, explains Caroline Theodosiou, director at law firm Norton Rose Fulbright.
Having paid out large numbers of claims, the next step is to recover the monies paid out. According to Theodosiou, this is where […]

Aug 16 2018 17:44

When deciding on whether someone should be covered in the event of a motor vehicle accident, an insurer may decide that a seemingly negligent driver actually acted with intent and should therefore not be covered, and such insurer may apply criminal court judgments to do so. Johannes du Plessis, legal advisor at RBS (Risk Benefit Solutions), a financial services broker, says consumers could find their vehicle claims rejected by insurers if it can be argued that they acted with intent instead of negligence during a motor vehicle collision.
“Insurance companies do not cover damages caused with intent, but they do cover damages caused by negligence…The Civil Court often uses Criminal Court judgments when it comes to determining negligence or intent.”

He adds that it is important to understand that the law differentiates between different kinds of intent. For example, one of the kinds of intent is intent-by-possibility, the definition […]