Read the full publication here
Welcome to The Big Read Book Series. This volume reviews significant South African insurance judgments handed down during 2025, covering a broad range of topics including arbitration, brokers and agents, guarantees, directors’ and officers’ liability, life insurance, policy interpretation, motor claims, regulatory oversight and subrogation. The selected decisions highlight important legal developments and provide practical guidance for insurers, brokers, underwriting managers, financial advisers, policyholders and legal practitioners operating within the insurance industry.
Contents
Arbitration
Lewis Group Limited v Emerald Risk Transfer Proprietary Limited and Others
Brokers and Agents
Momentum Group Limited v Maswil Finansiele Adviseurs CC and Others
Old Mutual Alternate Risk Transfer Insure Limited v SA Guarantee Specialists Proprietary Limited and Another
TWK AGRI (Pty) Ltd v De Lange and Another
TWK Agri (Pty) Ltd v Holtzhausen and Another
Simah Risk Advisors (Pty) Ltd v Van Niekerk and Others
Norman Luxury Tours (Pty) Ltd v Stalker Hutchingson Admiral (Pty) Ltd
Standard Bank Insurance Brokers v Dlamini and Others
Clientele Life Assurance Company Limited v B3 Insurance Brokers (Pty) Ltd
Momentum Metropolitan Life Limited v Lakhoo
Credit Insurance
National Credit Regulator v JDG Trading (Pty) Ltd and Others
Directors & Officers Liability
AIG South Africa Limited v Molefe
Guarantees
Guardrisk Insurance Company Limited v Basil Read Holdings Limited and Another
Globeleq-Mainstream South Africa Renewable Power (Pty) Ltd v ABSA Bank Limited and Others
Development Bank of Southern Africa v Fusion Guarantees (Pty) Ltd and Another
Umzwilili Environmental Solution v Rockwood Fund 1 GP (Pty) Ltd
Exxaro Coal Mpumalanga (Pty) Ltd v ABSA Bank Limited
Set Square Developments (Pty) Ltd v Power Guarantees (Pty) Ltd and Another
Concor Construction (Pty) Ltd v Old Mutual Alternative Risk Transfer Insure Ltd and Others
EPCM Consultants SA (Pty) Ltd and Another v Guardrisk Insurance Co Ltd and Others
Momentum Metropolitan Life Limited v Lavender Hill Trading 544 CC and Another
Imvula Roads and Civils (Pty) Ltd and Others v Holland Insurance Co. Ltd and Another
Interpretation
AIG South Africa Limited and Others v Azrapart (Pty) Ltd and Another
Life Insurance
Firstrand Bank Limited v Vellem
Mashaba v Master of the High Court and Others
Naidoo v Discovery Life Limited and Another
Machipi and Another v Palabora Mining Company Board of Trustees of Palabora and Others
Misrepresentation
Biologicals and Vaccines Institute of Southern Africa (Pty) Ltd v Guardrisk Insurance Company Limited
Motor Vehicle Claims
Momentum Insure Company Limited v Chetty
Mavela v Outsurance Insurance Company Limited
Shabalala v Madikane and Another
Tshipu (Ngako) v Bryte Insurance Company Limited and Another
Regulatory Oversight
Paulina Binfa and Associates t/a PBA Financial Services CC v Dabrowa and Others
Prudential Authority of South Africa v Financial Services Tribunal and Others
Road Accident Fund
A.S.B and Another v Road Accident Fund
Subrogation
Esperance Vineyards Farming (Pty) Ltd and Others v Liebenlogistics (Pty) Ltd
Le Bonheur Wine Estate (Pty) Ltd v Stellenbosch Vineyards (Pty) Ltd