n Annual Survey of South African Law - Insurance law




Construction guarantees provided by insurers continue to be the subject of litigation.

The facts in 2010 (2) SA 86 (SCA) were rather complicated as they involved not only several contracts but also a number of parties. They may be summarized as follows.
The insurer was a registered short-term insurer and entitled to issue guarantee policies in terms of the Short-term Insurance Act 53 of 1998 ('SIA'). It issued a construction guarantee on behalf of a construction company (Landmark) in favour of a training academy.


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