n Tydskrif vir die Suid-Afrikaanse Reg - Insurance contracts, exception clauses and causation : regspraak

Volume 2004, Issue 3
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



"It is a fundamental principle of insurance law that, in the absence of a clearly, expressed intention to the contrary, the insurer is only liable for a loss proximately caused by the peril insured against." These were the words of Gubbay CJ in (1995 1 SA 698 (ZS) 700E-F). The statement is seemingly uncontroversial and is supported by the authors cited by his lordship (700F). (Apart from those mentioned in the judgment, one may add Reinecke, Van der Merwe, Van Niekerk and Havenga (2002) par 277 and Clarke (2002) with the assistance of Burling and Purves 25-1.) But where fundamental or general principles and precedent are ignored, unacceptable results follow.

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