oa Juta's Business Law - Reinstatement and repair under an insurance contract
It is not exceptional that an insurer of, say, a motor vehicle will, in the event of the vehicle being damaged, not pay the insured a sum of money but rather exercise the right that it usually has in terms of the insurance contract to have the vehicle repaired. The question then arises whether the repairer has any rights as far as the vehicle is concerned should it have incurred any expenses on it, and against whom such rights have to be exercised. These questions arose for consideration in Outsurance Insurance Co Ltd & another v Brabant Panel Beaters CC (2007 JDR 0043 (T)).
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