Insurance Law in South Africa

Daleen Millard · Birgit Kuschke

2018년 4월 · Kluwer Law International B.V.

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides valuable practical insight into both public supervisory legislation concerning insurance and private insurance contract law in South Africa. An informative general introduction surveying the legal, political, financial, and commercial background and surroundings of insurance provides a sound foundation for the specific detail that follows.

The book covers all essential aspects of the law and regulation governing insurance policies and instruments. Its detailed exposition includes examination of the form of the insurance company and its reserves and investments; the insurance contract; the legal aspects of the various branches of property and liability insurance; motor vehicle insurance schemes; life insurance, health insurance, and workmen’s compensation schemes; reinsurance, co-insurance, and pooling; taxation of insurance; and risk management and prevention.

Succinct yet eminently practical, the book will be a valuable resource for lawyers handling cases affecting South Africa. It will be of practical utility to those both in public service and private practice called on to develop and to apply the laws of insurance, and of special interest as a contribution to the much-needed harmonization of insurance law.

저자 정보

Prof. Daleen Millard obtained the LLD degree from the University of Johannesburg in 2005/06. She also obtained the degrees B Iuris (1994), LLB (1997) and LLM (1999) from the University of Pretoria, Pretoria and a Diploma in Insolvency Law from the Association of Insolvency Law Practitioners.After starting her career as an administrative clerk in the Department of Justice in 1991, she proceeded to work as a claims handler at the Multilateral Motor Vehicle Accident Fund (as it then was). She started her academic career with Vista University, Mamelodi and was then appointed as a senior lecturer in the Department of Mercantile Law, University of Pretoria. She is currently employed as a Professor of Law in the Department of Private Law, University of Johannesburg and is vice dean. She specializes in Law of Delict, Law of Damages and Insurance Law, and she lectures Law of Delict to LLB students and Interpretation of Contracts to LLM students. She had practised as an advocate and had been a full member of the Pretoria Society of Advocates and when time permits, she drafts legal opinions. She has presented papers at several national and international conferences. She is the author and co-author of various national and international articles in accredited journals. She is a member of the International Insurance Law Association and is a member of the Association's editorial board of the AIDA Europe Research Series on Insurance Law and Regulation. She is the author of the student text Modern Insurance Law in South Africa (Juta, Cape Town) and the co-author of The FAIS Act Explained (LexisNexis Butterworths, Durban) with Wendy Hattingh. Prof. Birgit Kuschke is an Associate Professor in the Department of Private Law, University of Pretoria. She holds the degrees BLC (cum laude) (1986) and LLB (cum laude) (1988) from the University of Pretoria, and completed her LLD degree in 2009 at the University of South Africa. She completed her articles at VDT Attorneys in Pretoria and was admitted as an attorney, notary and advocate of the High Court of South Africa in 1994 and practises for her own account, specializing in insurance, construction and engineering contracts. She has been a member of the International Insurance Law Association since 1998 and has held memberships in its Consumer Protection and Dispute Resolution Working party, the Climate and Catastrophic Events Working Party and the Working Party on New Technologies, Prevention and Insurance. She currently serves as a councillor on the Presidential Council of the Association. She is a principal member of the Drafting Committee for the drafting of Transnational Insurance Law: Principles of Reinsurance Contract Law(PRICL), a project under the auspices of the Universities of Zürich, Vienna and Frankfurt and in official cooperation with UNIDROIT and is a corresponding member of the Project Group responsible for the Restatement of European Insurance Contract Law: Principles of European Insurance Contract Law(PEICL). She serves on the Editorial Board of the AIDA Europe Research Series on Insurance Law and Regulation. She has published widely in accredited journals, contributed to various textbooks, acted as a national rapporteur and has chaired and presented papers at national and international conferences.