n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Legal protection insurance in the context of liability insurance : possible solutions in English law? : analyses

Volume 23, Issue 3
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



Liability insurance policies in South Africa generally include the insurer's contractual to indemnify the insured under the insurance contract, and the insurer's contractual to conduct the insured's defence against the third-party plaintiff, or to negotiate a settlement on behalf of the insured with the third party in the name of the insured. (See 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 where he comments on the complex multiple relationships involved in liability insurance; and see in general as regards South African law on liability insurance, MFB Reinecke, Schalk Van der Merwe, JP van Niekerk % Peter Havenga (2002) ('Reinecke et al') ¶¶ 9-10, 12, 53, 55, 63, 75, 77, 79, 100, 129, 299-380, 398, 451 and 582; Norman Atkins (1984) ('Atkins') 105-13; N Benetton (loose-leaf) ('Benetton') at 3-60-7; 4 ed (1997) by DM Davis ('Gordon and Getz') at 482-3; and Wenette Jacobs 'Liability Insurance in a Nutshell: Simplified Complexities or Complex Simplicities?'(2009) 21 202 ('Jacobs').)

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