n Without Prejudice - Continuing uncertainty : insurance law
|Article Title||Continuing uncertainty : insurance law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Affiliations||1 Clyde and Co, 2 Clyde and Co and 3 Clyde and Co|
|Publication Date||May 2016|
|Pages||58 - 59|
It is a standard clause in insurance policies that an insured"shall take all reasonable steps and precautions to prevent accidents or losses to the property insured". This is because, in South Africa, the default position is that loss caused by an insured's negligent conduct is a risk that is assumed by an insurer when issuing an insurance policy. Aninsurer, in including such a clause in a policy, tries to exclude liability for an insured's negligence. Even though it is common practice for insurers to include such clauses in their policies, it remains unsettled in our law exactly when an insurer is entitled to repudiate a claim based solely on the negligence of an insured in the context of such a clause.
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