Compliments of the New Year!
Looking back at 2018, undoubtedly the highlight for the firm was moving into our new offices in the Central Business District, after being in the Main Mall for over 30 years. While moving into new offices comes with its challenges, including dealing with snags associated with any newly constructed building, we have settled in well and are happy with our new location. Read more “A brief look at 2018”
Treaty reinsurance is where an insurer enters into an agreement with a reinsurer to cover a “book” of risks. The book of risks is generally quite broad in that it will stipulate the various risks it will cover, i.e. motor, aviation, business, immovable property, etc. Treaty insurance is a long term contract that covers the primary insurer for various types of risk.
Facultative reinsurance is where an insurer wants to cover a specific type of risk or a block of risks with a reinsurer/s. It is generally a one-off specific type of insurance. Read more “Treaty V Facultative Reinsurance”
Upon obtaining final judgment sounding in money, there is no guarantee that the money owed will be repaid. Winning does not signal the end of the judicial process. Garnishee proceedings, amongst other court processes may be instituted against a judgement debtor who despite numerous requests refuses to satisfy the judgement debt.
The Judgement creditor may approach court for a garnishee order. The Black Law Dictionary (Eighth Edition), simply defined Garnishee Proceedings or garnishment as a “judicial proceeding in which a creditor (or potential creditor) asks the court to order a third party who is indebted to or is bailee for the debtor to turn over to the creditor any of the debtor’s property (such as wages or bank accounts) held by that third party”. Read more “Garnishee Proceedings”
It is trite law that an employer attracts vicarious liability for the delicts of an employee committed in the course and scope of the latter’s employment.
In light of the above principle of law the question is, can the owner of a motor vehicle be held liable for the damage caused by the driver of his/her vehicle where no contract of employment exists between them? The short answer to the above question is a resounding ‘yes’! However, it all depends on the circumstances of the case. For example, the owner of a motor vehicle may lend their motor vehicle to a friend or a family member for their own purposes or they may send their friends or family member on an errand using their motor vehicle. (i.e., picking the owner from the airport or driving them to a hospital). Read more “Vicarious liability of motor vehicle owners”