South Africa: Insurance

A High Court judgment has reinforced the protection of litigation privilege for expert reports commissioned by insurers during pending litigation. When a loss adjuster's preliminary report was requested for disclosure, the court examined whether it qualified for privilege protection and what implications this holds for the insurance industry's handling of expert assessments in claims disputes.

The Illinois Supreme Court has resolved a critical question about the scope of pollution exclusions in commercial general liability insurance policies. When a facility operates under a government-issued permit authorising emissions, does that regulatory approval affect whether a pollution exclusion applies to claims arising from those emissions? The Court's decision clarifies the relationship between regulatory compliance and insurance coverage for environmental harm.

When personal information is compromised, insurers face more than a technical problem—they confront a legal and reputational crisis that demands immediate, structured action. Drawing lessons from major South African data breaches including Dis-Chem, Experian, and FlySafair, this analysis examines how insurance organisations can implement effective data breach triage protocols under POPIA to ensure proportionate escalation, preserve evidence, and maintain control when incidents occur.

The Advisory Opinion of the International Court of Justice on the obligations of States in respect of climate change ("the Opinion"), delivered on 23 July 2025...

It has been reported that at the beginning of June 2024 nine people died and over 2000 households have been demolished due to sever flooding in the Eastern Cape.

Amendments to the Financial Intelligence Centre Act, 2001 ("FICA") (defining accountable institutions) were published on 29 November 2022.