The international character of insurance law has long since been recognized in South-Africa.  Current insurance legislation does not define the term “insurance contract”.  In accordance with English common law the principle of patrimonial indemnity has been emphasized in South African case law.  More so in earlier decisions.  In Lake v Reinsurance Corporation Ltd 1967 (3) SA 124 (W) the Court adopted the following definition with reference to the term “insurance contract”:

 

“A contract between an insurer (or assurer) and an insured (or assured), whereby the insurer undertakes in return for the payment of a price or premium to render to the insured a sum of money, or its equivalent, on the happening of a specified uncertain event in which the insured has some interest.”

 

VERSTER-ROOS INCORPORATED ATTORNEYS & CONVEYANCERS can advise on a wide variety of insurance related matters including but not limited to:

 

  • Legal opinions on insurance related matters;
  • Validity of an insurance contract;
  • Contents and interpretation of an insurance contract;
  • Enforcement of claims;
  • Insurer’s rights based on warranties;
  • Insurer’s rights to subrogation and salvage;
  • Cession and assignment (Rights and duties of third parties);
  • Termination of the insurance contract;
  • Performance and reinstatement by insurer;
  • Marine insurance;
  • Aviation insurance;
  • Judicial management and winding-up of insurers;
  • Statutory duties of registered insurers;
  • Statutory duties of persons other than registered insurers;
  • Long term insurance disputes;
  • Facilitation of settlement of claims;
  • Attend to litigious matters.
  • Other.

 

VERSTER-ROOS INCORPORATED ATTORNEYS & CONVEYANCERS has extensive experience pertaining to insurance law.  Contact us with your specific requirement.

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