NEWSLETTER MAY 2019 – EXCITING NEW DEVELOPMENTS AT AM Theron INC

NEWSLETTER May 2019 Issue 01 __________________________________________________________ EXCITING NEW DEVELOPMENTS AT AM Theron INC We are excited to announce that as of March 2019, Johan Loots joined our team at AM Theron Inc. as director. Johan, a Pretoria born attorney, specializes in Commercial, Civil and General Litigation, especially in Insolvency Law and Rehabilitations. Johan was appointed …

Insurance Law – The consequences of non-fulfilment of a condition precedent contained in an insurance policy: a recent decision

In Screening and Earthworks (Pty) Ltd v Hollard Insurance Company Limited the South Gauteng High Court recently considered whether a ‘condition precedent’ in an insurance policy placed a positive contractual obligation on an insured. The judgement is noteworthy to players in the machinery-breakdown-insurance field, but also to liability and indemnity Insurers. The Plaintiff claimed the …

Insurance Law – Time-Barring Clauses – What is Reasonable and Fair?

In the construction and engineering industry time-barring provisions are often included as part of the standard terms in construction agreements. These provisions often require “strict” compliance with time periods and hold significant sanction which may impact adversely on claims or other entitlements under such agreements.  Contracting parties often query the fairness and reasonableness of such provisions once …

Insurance Law – Rejection of Construction Claims

Construction claims, the formulation of Insurance claims and the rejection thereof by Insurers have become one of the oldest battles in the Engineering and Construction industry.  This conflict has, to some extent, been the result of the difference between the risks being insured against in terms of Insurance contracts on the one hand, and the …

Insurance Law – Removal or Weakening of Support, Collapse or Cracking of Structures – Insurance Perspective

In the case of Hypercheck (Pty) Ltd v Mutual And Federal Insurance Company Ltd the Court assessed the liability of an insurer under a property protection policy to indemnify against accidental, physical loss resulting from “any cause” but not for loss resulting from settlement, bedding down, or cracking. It was specifically provided that the policy …