n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - The third-party plaintiff's exceptional direct claim against the insured defendant's liability insurer : some lessons to be learnt from the Third Parties (Rights Against Insurers) Act 2010 in English law? : analyses




As a rule, there is no contractual relationship between the third-party plaintiff and the insured defendant's liability insurer. The complex multiple relationships involved in liability insurance have been discussed in MFB Reinecke, Schalk van der Merwe, JP van Niekerk & Peter Havenga (2002) ('Reinecke et al') in par 582; and JP van Niekerk 'Liability Insurance: Successive but Overlapping "claims-made" Policies and a Question of Quantum' (2006) 18 382 ('Van Niekerk Liability Insurance') at 382-3. And the complexities of the multi-party relationships in liability insurance with specific reference to s 156 of the Insolvency Act 24 of 1936 ('the Insolvency Act 1936') are dealt with in JP van Niekerk 'The Liability Insurer, the Insolvent Insured and Section 156 of the Insolvency Act' (1999) 11 59 ('Van Niekerk S 156 of the Insolvency Act'). (For more details on the application of s 156 in regard to environmental damage, see AL Stander 'Skadevergoeding Betaalbaar deur die Insolvente Versekerde in die Geval van Omgewingsbenadeling' (2004) 16 327 ('Stander').)


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