Articles

Why the need for TOP UP insurance?

For law firms and sole practitioners alike, it is critical that the limit of cover offered under your Professional Indemnity insurance policy is adequate for your business. We strongly recommend you review your limit to determine whether an increase in cover, beyond what may be offered by your professional indemnity fund. For attorneys this is…

Contemplating an application for the sequestration of a debtor’s estate in terms of the Insolvency Act?

An application may be launched in the High Court to sequestrate the estate of the insolvent if the creditor has a claim of R 1000 or more against the debtor. This figure hasn’t been increased for some time since the enactment of the Insolvency Act in 1936. However we can imagine only those persons with…

How Bond Claims Work

Should you suspect a loss has been suffered by an estate at the hands of a trustee / liquidator/ executor (the incumbent named on the bond of security), you should proceed to investigate it. Once your investigation is complete, you need to notify the Master of your investigations and be able to substantiate the loss…

What is Medical Negligence?

Medical means science, the practice of medicine or medical examination to assess a person’s state of physical health or fitness. Negligence means failure to take proper care or breach of a duty of care which results in damages When you put these terms together medical negligence – it is the act or omission by a medical professional that deviates from…

Why Obstetricians and Gynaecologists Need Medical Malpractice Insurance

Heavy workloads and frivolous claims, has changed what was once a rewarding career of helping women and saving babies. Many obstetricians and gynaecologists say litigation and the profession’s unprofitability when it comes to premiums is what is deterring them from practising. The current claims climate has unfortunate consequences for the society,  poor maternal outcomes and a shortage…

Why do I need professional indemnity insurance as a medical practitioner?

Regulations published on 30 August 2010 under the Health Professions Act require private health practitioners practising for their own account to obtain professional indemnity insurance. The insurance must be obtained from an insurer registered under the Short-term Insurance Act. SHACKLETON is a brokerage specialising in the arranging of medical malpractice professional indemnity cover for health…

Curators Appointed in Asset Forfeiture Matters Explained

The National Director of Public Prosecutions may in terms of the Organised Crime Act 121 of 1998 Act apply to court for an order: a) restraining any person from dealing with assets which are suspected to have been acquired in connection with a crime; and b) preserving the assets until the investigation has been finalised.…

When to Notify Your Insurer of a Claim Against Your Professional Indemnity Policy?

In almost all insurance policies, the policy will contain a clause that requires notice of an event which could give rise to a claim or an actual claim to be given ‘immediately’ or as soon as possible’, but not later than 30 days.  These clauses are usually inserted under the claims clause and /or in…

MOTF Insurance Claims Explained

What is MOTF? The abbreviation stands for Misappropriation Of Trust Funds. Who needs this cover? Attorneys who receive a client’s money into their trust account for a legal matter. All legal practitioners are obliged to operate a trust account.  In fact they must operate two separate accounts- one trust and one business. Monies held in…

What are Court Bonds & How to Get One

A court bond is a suretyship issued by an insurer in favour of the master of the high court for the due and proper performance of the appointee’s obligations and duties towards an estate which he/she is administering. The surety being the insurance company guarantees to pay the master, the obligee, a certain amount if the executor/curator/trustee (the…

The Risk of Doing Nothing!

There is only one big risk you should avoid at all costs, and that is the risk of doing nothing It is the master’s discretion in every estate/curatorship/trust to request security from the person handling the administration of the estate/curatorship/trust. As the guardian of all estates, the master’s job is to protect estate assets from unscrupulous…

What is Professional Liability Insurance and Who Needs It?

Professional liability insurance, also called professional indemnity insurance, also known as errors and omissions insurance, is a form of insurance which indemnifies professionals against claims arising out of actual or alleged negligence by the professional, instituted against them by third parties (the beneficiaries of the professional’s services). All professionals should have professional indemnity insurance. Provided the…