Our extensive dispute resolution experience

covers the full range of insurance disputes where we apply our knowledge to resolve issues in their early stages where possible in an effort to avoid litigation and preserve valuable business relationships.

Clients cite the team’s strengths as “strong leadership, attention to detail, an exceptional level of professionalism, good planning and a high standard of execution.”

Chambers Global 2019

Insurers have shown their confidence in us by retaining us to represent them in arbitrated or litigated disputes.

Our clients include the top five life offices, a number of large short-term insurers, brokers and various financial services providers in South Africa and abroad.

Our Service

  • Drafting of arbitration clauses and agreements
  • Disputes over insurance and reinsurance cover
  • Claims handling, monitoring and coordination
  • Complex insurance-related litigation
  • Directors and Officers (D&O) insurance, fiduciary, professional liability, and fidelity cover
  • Product and general liability cover
  • Environmental liability cover
  • Claims related to insurance and reinsurance intermediaries
  • Class action proceedings
  • Cover and contribution litigation
  • D&O and professional liability cover and defence
  • Products liability defence
  • Environmental claims
  • Suits between health insurers and providers
  • Disability or regulatory issues arising out of personnel policies

We have been involved for the defendant in numerous actions in the full range of claims faced by short-term insurers and brokers including policy based:

  • Personal injury claims
  • Professional indemnity claims
  • Fraud claims
  • Motor claims
  • All other delictual claims

Assisting insurers and brokers in contractual disputes over:

  • Claims
  • Existence of cover
  • Limits of cover
  • We represent Allianz Global Corporate & Speciality South Africa Limited (Allianz Global) as underwriters for the South African Broadcasting Corporation. Our insurance team is defending a defamation action brought against our client and the member of the Executive Council for Agricultural & Rural Development in the Limpopo Provincial Government. The dispute results from media reports published by the insured on various radio news platforms relating to the suspension of the plaintiff from her position. This mandate confirms how our team is counsel of first choice to leading insurance providers on a wide range of high-profile claims throughout the year. Our firm is a market-leading to both the insurance and media & broadcasting sectors, so our team was logical counsel of first choice on this mandate.
  • The leading South Africa-based distributor of data, voice and power services, IRT Projects, has engaged our insurance team in a contractual payment claim which includes a claim against two of the company’s directors. Our team is able to offer expert guidance in both corporate and directors’ liability and our work here confirms how we offer thought leadership on new and emerging areas of insurance law for corporations across the country.
  • We represent Transnet Freight Rail, the largest division of Transnet, in a damages claim arising from injuries sustained by a minor on the client's premises and connected to the operation of one of our client’s trains. Our work on this matter demonstrates our status as advisers of first choice to leading South Africa-based companies, including state-owned entities, on their highest-profile and most sensitive insurance matters.
  • We regularly assist an underwriter of commercial indemnity policies with advice on the merits of marginal claims and in defending the subsequent litigation.
  • Our insurance team is advising Passenger Rail Agency of South Africa on its defence of a claim alleging negligence which led to a head injury suffered by the plaintiff as well as an amputation of a leg. The court found that the plaintiff's actions were the major contributor of his loss and accepted our client's assertion that it is only liable for 40 per cent of the plaintiff's damages. The quantification of the plaintiff's damages is still to be finalised.

Sector Rankings

  • Chambers Global 2018 - 2019 ranked our practice in Band 2: Insurance

Ranked Practitioners

  • Tim Fletcher is the National Practice Head for the Dispute Resolution team. Chambers Global 2019 ranked Tim in Band 3 for dispute resolution. Chambers Global 2015–2018 ranked Tim in Band 4 for dispute resolution. The Legal 500 EMEA 2016–2018 recommended him as a leading individual for dispute resolution and recommended him from 2013–2016. The International Who’s Who of Business Lawyers 2015 identified Tim as being among the world’s leading asset recovery lawyers. He was named as the exclusive South African winner of the ILO Client Choice Awards 2017–2018 in the litigation category. Who’s Who Legal 2018 identified Tim as one of the world’s leading Insurance & Reinsurance lawyers.

  • Chambers Global 2011–2018 ranked Johan Latsky in Band 3 for corporate/M&A. Chambers Global 2012–2019 ranked him in Band 1 for capital markets: equity. The Legal 500 EMEA 2012–2018 recommended Johan for commercial, corporate/M&A. Who’s Who Legal 2012–2013 identified Johan as a leading lawyer for corporate/M&A. ILO Client Choice Awards 2014 named him as the exclusive winner of the M&A category in South Africa.