Excess "other insurance" clauses : to contribute or subrogate? [Discussion of Samancor Ltd v Mutual & Federal Insurance Co Ltd 2005 4 SA 40 (SCA)]

Cupido, Durand M (2009)


Insurers typically insert "other insurance" clauses in order to specify how their policies should interact with other policies covering the same risk. This enables insurers to avoid situations of double insurance and, consequently, claims for contribution by co-insurers. Although it is standard practice in the South African insurance industry to insert "other insurance" clauses into contracts, their functioning has been neglected in the legal literature. This article aims at increasing the understanding of these clauses through evaluating the decision of the Supreme Court of Appeal in Samancor v Mutual and Federal Insurance Co Ltd 2005 4 SA 40 (SCA).

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