n Annual Survey of South African Law - Insurance law




In 2006 (5) SA 384 (SCA), an appeal from a decision in the Witwatersrand Local Division (see 2005 521), the Supreme Court of Appeal considered the practice in the insurance industry of having the interest of a third party, usually the owner of insured property, noted by the insurer. The effect of a noting of interest is that, where the insured property is damaged or destroyed, an owner of insured property is paid by the insurer before the insured, to the extent of the insured's indebtedness to the owner and subject to the maximum insurance cover.


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