South Africa: Insurance Laws and Products

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Insurance law and insurance regulation thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as reinsurance, insurance law and insurance products.

Subrogation Vs Procedure: Who May Swear Discovery Under Rule 35?

The Johannesburg High Court recently dealt with an interlocutory application concerning compliance with discovery obligations under Uniform Rule 35(1) in pending insurance dispute action proceedings between the parties.

South Africa Insurance

AA

Adams & Adams

Delictual Liability, Consumer Protection, And Public Policy: An SCA Turning Point

The SCA, on 27 January 2026, delivered a judgment with significant and far-reaching implications for the insurance industry, particularly liability insurers.

South Africa Insurance

AA

Adams & Adams

Beneficiary Disputes In Living Annuities: A Wake-up Call For Insurers And Advisers

On 6 January 2026, the Pretoria High Court handed down a judgment in a case pertaining to insurance living annuity.

South Africa Insurance

AA

Adams & Adams

Prescription vs Time-Bar Clauses: When Delay Defeats An Insurance Claim

When an insured party waits too long to enforce a claim, time itself can become a complete defence. In South African insurance law, two separate but related principles may prevent an insured from recovering – prescription and time-bar clauses.

South Africa Insurance

BI

Barnard Inc.

The Consequences When Insured Parties Fail To Disclose The Truth

South Africa Insurance

BI

Barnard Inc.

No Pay, No Indemnity: Assignment-Only Settlement Does Not Trigger Coverage

South Africa Insurance

AA

Adams & Adams

Triggering The Exclusion: How A Firearms Clause Shielded An Insurer From Liability

South Africa Litigation

AA

Adams & Adams

The Impact On Private Actors (Inclusive Of Insurers / Reinsurers) Of The Recent Advisory Opinion Of The International Court Of Justice On The Obligations Of States In Respect Of Climate Change

South Africa Environment

E

ENS

Mind The Wording: No Coverage Without A Clear Demand — Lessons For Claims Teams

South Africa Insurance

AA

Adams & Adams

A Cautionary Tale For Underwriting Managers: Enforcing Insurers' Right To Data Access

South Africa Insurance

AA

Adams & Adams

Estoppel Without Words: A Cross-Border Lesson For South African Insurers

South Africa Insurance

AA

Adams & Adams

Policy Wording Matters: US Electromagnetic Field Ruling Offers Cautionary Tale For South Africa

South Africa Insurance

AA

Adams & Adams

Georgia Federal Court Upholds Insurer's Reliance On Pollution Exclusion For Chemical Leak Fatality

South Africa Environment

AA

Adams & Adams

US Court Holds Email Notice Of Intent To File Third-Party Joinder Constitutes A "Claim" When Sent, Not When Read, Under Claims-Made Policy

South Africa Insurance

AA

Adams & Adams

JSE Simplifies Listings Requirements

South Africa Commercial

E

ENS

AFCON Eliminations: Celebrating African Football And Intellectual Property Development

South Africa IP

AA

Adams & Adams

The Consequences When Insured Parties Fail To Disclose The Truth

South Africa Insurance

BI

Barnard Inc.

COIDA Amendments Take Effect: What Employers Need To Know

South Africa Employment

WW

Webber Wentzel

Investment Intentions In Sustainable Initiatives (Video)

South Africa Commercial

SG

SNG Grant Thornton

SCA Raises Uncertainty Over Safeguarding Of Insurance Benefits In Insolvency Proceedings

The Supreme Court of Appeal ("SCA") recently handed down judgment in Prinsloo v Majiedt N.O. and Another, addressing the protection of benefits of long-term life insurance policies under section 63...

South Africa Insurance

E

ENS

Credit Insurance Under Scrutiny: Court Enforces Fairness In Lending Practices

The recent judgment in the matter between the National Credit Regulator (NCR) and the credit lender company (the respondent) marks a significant development in the regulation of credit insurance practices in South Africa.

South Africa Insurance

AA

Adams & Adams

Who's Covered To Drive? The Hidden Risks In Car Insurance

Many policyholders overlook how their insurer defines who else may legally and validly drive the insured vehicle. These definitions — and their often-overlooked nuances — can have major consequences when a claim arises.

South Africa Insurance

AA

Adams & Adams

Policyholder vs. Insurer: A Legal Showdown Over A Repudiated Claim

On 12 April 2021, the policyholder, Mr Mavela, was involved in a motor vehicle collision on the R26 road between Hobhouse and Wepener in the Free State Province.

South Africa Insurance

AA

Adams & Adams

Broken Windows, Unbroken Law: Lessons In Proving Negligence And Duty Of Care

South Africa Insurance

AA

Adams & Adams

Obligations Of Insurers Related To Cybersecurity And Outsourcing

South Africa Technology

WW

Webber Wentzel

How LA's Wildfires And Climate Change Could Set South Africa's Insurance Market Ablaze

South Africa Insurance

AA

Adams & Adams

No Tracker, No Payout: Court Denies Motor Insurance Claim!

South Africa Insurance

AA

Adams & Adams

Hidden Perils Under The Surface Of Building Insurance

South Africa Insurance

AA

Adams & Adams

When Can A Medical Scheme Cancel Membership For Non-Disclosure?

South Africa Healthcare

FW

Fairbridges

The Fine Print In Claims-Made Policies: When A Claim Is Not A Claim

South Africa Insurance

AA

Adams & Adams

Is Non-Disclosure A Policy Killer?

South Africa Insurance

BI

Barnard Inc.

Toward Triage For Fraudulent Claims

South Africa Healthcare

FW

Fairbridges

Court Rules: Public Liability Insurance Is Not A Free Pass For Careless Behaviour

South Africa Insurance

AA

Adams & Adams

The Fine Print In Claims-Made Policies: When A Claim Is Not A Claim

The interpretation of what constitutes a claim under a claims-made policy is often a contentious issue. Ambiguities in policy wording frequently lead to disagreements...

South Africa Insurance

AA

Adams & Adams

Is Non-Disclosure A Policy Killer?

In March 2021, an Eastern Cape woman experienced a life-changing trauma when she was injured during an attempted hijacking at her home.

South Africa Insurance

BI

Barnard Inc.

Toward Triage For Fraudulent Claims

South Africa's healthcare sector faces an unprecedented surge in fraudulent medico-legal claims, now totalling R30 billion in suspect cases under investigation by the Special Investigations Unit.

South Africa Healthcare

FW

Fairbridges

Court Rules: Public Liability Insurance Is Not A Free Pass For Careless Behaviour

Recently, the Johannesburg High Court dismissed a personal injury case against an institution, finding no evidence of negligence or wrongdoing on its part.

South Africa Insurance

AA

Adams & Adams

Pre-Closure Of Pleadings Intricacies: Recent Court Ruling Reaffirms Time Is Of Essence

South Africa Insurance

AA

Adams & Adams

Weather Whiplash: Why Insurance Is More Essential Than Ever!

The snowfall last week, which impacted much of KwaZulu-Natal and parts of the Free State, serves as yet another reminder of South Africa's increasingly unpredictable weather patterns.

South Africa Insurance

AA

Adams & Adams

Debt Crisis In South Africa: Are Preservation Orders The Ultimate Lifeline For Creditors?

South Africans are among the most highly indebted people in the world. With the unemployment rate showing no signs of improvement, there is no end in sight for this crisis. Persistent socio-economic

South Africa Finance

AA

Adams & Adams

Defending Against Rising Credit Application Fraud

ENS' Forensics team have seen an upsurge in clients who have fallen victim to credit application fraud, a particular type of cybercrime.

South Africa Criminal

E

ENS

Little Wiggle Room: The Power Of Payment Certificates In Construction Contracts

The High Court of South Africa, Gauteng Division, Pretoria, was recently called upon to decide on a claim based on interim payment certificates from a building contract between the applicant...

South Africa Insurance

AA

Adams & Adams

Liability Insurance: Can A Third-Party Plaintiff Successfully Sue An Insolvent Policyholder?

South Africa Insurance

AA

Adams & Adams

"Pay To Be Paid" Clause In Liability Insurance Policy Tested

South Africa Insurance

NR

Norton Rose Fulbright

Liability Insurance: What Happens When The Insurer And Policyholder Disagree On Settling The Matter?

South Africa Insurance

AA

Adams & Adams

The Rising Impact Of Secondary Perils

South Africa Insurance

NR

Norton Rose Fulbright

Cybersecurity Insurance: Are You Cyber Insurable?

South Africa Technology

SG

SNG Grant Thornton

Legal Battle Over Towed Vehicle Ends In Favour Of Insurer

South Africa Insurance

AA

Adams & Adams

Medical Complications Ahead – The NHI Bill And The Reshaping Of Health Insurance And Schemes

South Africa Healthcare

FW

Fairbridges

Structuring Of Agricultural Insurance Products – The Tax Pitfalls Of Getting It Wrong

South Africa Insurance

E

ENS

"Big Read Book Series"

South Africa Insurance

NR

Norton Rose Fulbright

Tax In Brief | Issue 119

South Africa Tax

E

ENS

What's So Arb-Itrary About Onions, Petroleum Jelly And Hot Chillies?

South Africa Media & IT

AA

Adams & Adams

Judicial Reminder: The Ethical Obligation And Fiduciary Duty Of Plaintiff Attorneys To Discourage Baseless Legal Actions

South Africa Insurance

AA

Adams & Adams

When Time Runs Out: A Court's Take On The Timely Assessment Of Insurance Claims

South Africa Insurance

AA

Adams & Adams

Maximising Benefits: The Importance Of Efficiently Leveraging W&I Insurance To Structure M&A Deals

South Africa Insurance

E

ENS

"Big Read Book Series"

South Africa Insurance

NR

Norton Rose Fulbright

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