oa Juta's Business Law - Extension clauses in motor-vehicle insurance policies
In Fielding v Jacobs NO & another (2005 JDR 1445 (C)), the trial court had held, arguably quite correctly and in line with recent authority, that an extension clause in a motor-vehicle insurance contract was a stipulation between the insurer and the insured owner in favour of the authorized driver as a third party. That was not contradicted by the fact that the stipulation contained a procedural arrangement that only the insured could claim against the insurer and that the third party's rights against the insurer therefore had to be enforced by the insured for and on behalf of the third party. (In short, the third party has a legal right to indemnification, but no locus standi or capacity to enforce that right against the insurer.)
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