Maseng v Nom & Magg Funeral Services (Pty) Ltd and Another (NW04B/18) [2018] ZACONAF 6 (15 June 2018)

Maseng v Nom & Magg Funeral Services (Pty) Ltd and Another (NW04B/18) [2018] ZACONAF 6 (15 June 2018)

The court found that the plaintiff had established the existence of a valid funeral policy, that the insured event occurred while the policy was active, and that all claim procedures were followed. The defendants failed to pay the claim amount and did not appear to contest the claim. The court was satisfied that the requirements for a successful claim had been met and, in the absence of any defence, granted judgment in favour of the plaintiff for the full claim amount and costs.

Citation
[2018] ZACONAF 6
Parties
Plaintiff: Mavis Bogadibotsile Maseng; Defendant: Nom & Magg Funeral Services (Pty) Ltd; Defendant: Dovelink Funeral Services (Pty) Ltd
Court
Consumer Affairs Court
Jurisdiction
South Africa
Judgment Date
15 June 2018
Case Number
NW04B/18
Procedural Posture
Civil Claim / Final Judgment
Outcome
Judgment granted in favour of the plaintiff for the claim amount and costs.
Judges
J. Nkomo, P. Hlahane, K. Kgomongwe
Legal Topics
Insurance Contract, Funeral Policy Claim, Non Payment of Benefits
Commercial and Corporate Insurance Contract Funeral Policy Claim Non Payment of Benefits

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mavis Bogadibotsile Maseng

Plaintiff

Nom & Magg Funeral Services (Pty) Ltd

Defendant

Dovelink Funeral Services (Pty) Ltd

Defendant

Procedural Posture

Civil Claim / Final Judgment

Legal Issues

  1. 1 Whether a valid funeral policy existed between the plaintiff and the defendants.
  2. 2 Whether the insured event occurred while the policy was active.
  3. 3 Whether the plaintiff complied with all requirements for lodging a claim.

Ratio Decidendi

The court found that the plaintiff had established the existence of a valid funeral policy, that the insured event occurred while the policy was active, and that all claim procedures were followed. The defendants failed to pay the claim amount and did not appear to contest the claim. The court was satisfied that the requirements for a successful claim had been met and, in the absence of any defence, granted judgment in favour of the plaintiff for the full claim amount and costs.

Court Disposition

Judgment granted in favour of the plaintiff for the claim amount and costs.

Orders

  • The defendants are jointly and severally ordered to pay the amount of R 10,000.00, the one paying, the other to be absolved.
  • The defendants are jointly and severally liable for costs incurred in enforcing the judgment in the competent court, on the party and party scale 'A', the one paying, the other to be absolved.