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Marine insurance: duration of cover

Online Published Date : 14 December 2020 | Appeared in issue: Vol 32 No 12 - 14 December 2020

The Federal Court of Australia Full Court has in Swashplate Pty Ltd v Liberty Mutual Insurance Co [2020] FCAFC 137 reversed the first instance decision of Allsop J [2020] FCA 15. The case involved a policy taken out in Australia in respect of a risk located in the US, with a 15-hour time difference between the two jurisdictions. Did the words “From 19 May 2018 … to Date of Arrival” refer to the time in the US (insufficient packing having occurred earlier) or to the time in Australia (when the packing had not yet taken place)?

Business interruption: pandemic claims in South Africa

Online Published Date : 14 December 2020 | Appeared in issue: Vol 32 No 12 - 14 December 2020

Covid-19 test cases are beginning to emerge from common law jurisdictions. There have to date been two decisions from the South African courts, Café Chameleon CC v Guardrisk Insurance Co Ltd [2020] ZAWCHC 65 and Ma-Afrika Hotels (Pty) Ltd and Another v Santam Ltd [2020] ZAWCHC 160. Café Chameleon pre-dated the Divisional Court’s ruling in FCA v Arch Insurance [2020] Lloyd’s Rep IR 572 and was decided on causation grounds.

Formation of insurance contracts: temporary cover

Online Published Date : 14 December 2020 | Appeared in issue: Vol 32 No 12 - 14 December 2020

In Danbol Pty Ltd v Swiss Re International Se [2020] VSCA 274 the Court of Appeal of the Victoria Supreme Court has upheld the first instance judgment of Riordan J [2020] VSC 23; [2020] Lloyd’s Rep IR 229, holding that the claimant, Danbol, had not accepted an offer from the insurers of temporary cover for 14 days so that insurance could be found.