THE SUPREME COURT OF APPEAL
REPUBLIC OF SOUTH AFRICA
| Van Immerzeel v Santam Ltd | |
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| Supreme Court of Appeal -646/04 | Hearing date: 21 November 2005 |
| Judgment date: 5 December 2005 | |
Professional negligence insurance – meaning of ‘claim first made’ – notification of possibility of claim not ‘claim made’. |
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Media Summary
of Judgment |
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PIET VAN IMMERZEEL AND ANOTHER v SANTAM LIMITED Please note that the media summary is intended for the benefit of the media and does not form part of the judgment of the Supreme Court of Appeal The Supreme Court of Appeal (Judges Zulman, Streicher, Navsa, Mthiyane and Acting Judge Cachalia) today allowed an appeal by a partnership of consulting engineers, Van Immerzeel & Pohl, against a judgment given in the Transvaal High Court dismissing a claim that they had brought against Santam on a professional indemnity insurance policy. The claim was for R1 million, interest and costs. In allowing the appeal the court considered the proper meaning to be given to the phrase ‘claim first made’. It concluded that it did not include notification of a potential claim being made in the future.
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