The problematic regulations of 30 August 2010 relating to
indemnity cover for registered health practitioners have now been
repealed by the Minister of Health.
That will allow time for consultation and debate with all the
roleplayers affected by the proposed regulation.
Among the issues which need to be resolved are:
Who will be able to provide the indemnity cover? There is no
reason to limit the indemnity provider to South African insurers
where entities such as the Medical Protection Society and Lloyds,
who are authorised to provide insurance in South Africa, already do
so efficiently and reliably.
What minimum level of indemnity is required?
What period is the cover required for?
Why the obligation to obtain insurance should be limited to
persons registered with the Health Professions Council in a
profession registered in terms of the Health Professions Act.
Presumably the intention of obliging indemnity cover is to protect
patients. There are many other health service providers in one form
or another to whom patients are exposed and who should have similar
The repeal of the regulation does mean that for now, no health
practitioner is required to have any form of indemnity cover.
The prudent health practitioner would ensure that they hold
appropriate indemnity cover with a suitable limit of indemnity, for
their benefit and that of their patients.
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Directors & Officers Insurance (D&O) is a relatively new
branch of insurance in the United Arab Emirates (UAE) market.
Accordingly, issues such as allocation of costs have not yet been
considered by UAE or Dubai International Financial Centre (DIFC)
It is a fundamental principle of insurance law that the utmost good faith must be observed by each party. This rule was stated clearly by Lord Mansfield since 1766, when he said1that: "Insurance is a contract upon speculation..."
Subrogation is the insurance law term used to refer to an insurer's right, after having paid a claim and having indemnified the insured, to take the place of the insured to recover the insured's loss from the responsible third party.
The Short-term Insurance Act is exempt from the provisions of
the CPA for a period of 18 months until 1 October 2012. Those
insurance sector lows must be aligned with the consumer protection
measures in the CPA or the provisions of the CPA will apply to
The amended Policyholder Protection Rules promulgated under section 55(5) of the Short-term Insurance Act, 1998 and section 62(5) of the Long-term Insurance Act, 1998 published on 17 December 2010 come into operation on 1 January 2011.
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