Insurance
3 August 2026
A Disclaimer Is Only as Good as Its Signature: The SCA on Exemption Clauses, Agency and the CPA in Tourvest Holdings v Murti
A signature obtained from the wrong person creates no contract. The Supreme Court of Appeal considers exemption clauses, authority between partners, and the notice standards the Consumer Protection Act demands of operators running activities that carry real risk.
22 January 2026
Only proven fraud will stop a call on a construction guarantee
An insurer refused to pay out on a construction guarantee, raising defective demands, full recoupment and even fraud. The Gauteng High Court rejected all three. A call on an on-demand guarantee must be met, and only proven fraud will stop it.
21 January 2026
A cession is only as good as the notice behind it
A bank took cession of a borrower's insurance rights as security, then lost the proceeds when the insurer settled with the borrower. Stannic v Samib is a sharp reminder that a security cession only binds those who actually know about it.
18 November 2025
Rectification refused: the SCA draws a hard line in AIG v Azrapart
In AIG South Africa v Azrapart the Supreme Court of Appeal refused to rectify a policy to strip out COVID-19 infectious-disease cover, holding that an insurer who signs a Placing Slip and policy that include the cover cannot later plead a "mistake" it never flagged.
1 April 2025
Credibility Wins Cases: Lessons from Rippel v ABSA Brokers
As a young attorney, I had the privilege of acting as attorney of record for ABSA Brokers in Rippel v ABSA Brokers (Pty) Ltd (3198/2009) [2009] ZAKZDHC 49 (30 October 2009). The case serves as an