Nannen and Others v Momentum and Others (6769/05) [2017] ZAGPPHC 146 (18 April 2017)

Nannen and Others v Momentum and Others (6769/05) [2017] ZAGPPHC 146 (18 April 2017)

The court found that the deceased failed to disclose consultations with Dr Luke and related blood tests when applying for the insurance policy. The evidence established that the hand-written and typed notes from Dr Luke pertained to the deceased, corroborated by cross-references with other medical records. The underwriter testified that knowledge of these consultations would have materially affected the risk assessment, resulting in either further medical investigations, a loaded premium, or refusal to issue the policy. Both medical experts agreed that the blood test results were a 'red flag' requiring further investigation. The court held that the test for materiality is objective, and...

Citation
[2017] ZAGPPHC 146
Parties
Plaintiff: Ashim Kumar Nannen; Plaintiff: Yuneel Nannen; Plaintiff: Chintamoney Nannen; Plaintiff: Ashim Kumar Nannen N.O; Defendant: Momentum; Defendant: Momentum Group Limited; Defendant: Firstrand Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 April 2017
Case Number
6769/05
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiffs' claim dismissed with costs.
Judges
Hughes
Legal Topics
Insurance Contracts, Material Non Disclosure, Misrepresentation, Long Term Insurance Act, Onus of Proof, Assessment of Risk
Commercial and Corporate Civil Procedure Insurance Contracts Material Non Disclosure Misrepresentation Long Term Insurance Act Onus of Proof Assessment of Risk

Case Brief

Summary, issues, holding and outcome

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Parties

Ashim Kumar Nannen

Plaintiff

Yuneel Nannen

Plaintiff

Chintamoney Nannen

Plaintiff

Ashim Kumar Nannen N.O

Plaintiff

Momentum

Defendant

Momentum Group Limited

Defendant

Firstrand Limited

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the deceased materially misrepresented or failed to disclose relevant medical information in his insurance application.
  2. 2 Whether such misrepresentation or non-disclosure materially affected the assessment of risk under the policy.
  3. 3 Whether the defendants discharged the onus of proving materiality and causation under section 59 of the Long-Term Insurance Act.

Ratio Decidendi

The court found that the deceased failed to disclose consultations with Dr Luke and related blood tests when applying for the insurance policy. The evidence established that the hand-written and typed notes from Dr Luke pertained to the deceased, corroborated by cross-references with other medical records. The underwriter testified that knowledge of these consultations would have materially affected the risk assessment, resulting in either further medical investigations, a loaded premium, or refusal to issue the policy. Both medical experts agreed that the blood test results were a 'red flag' requiring further investigation. The court held that the test for materiality is objective, and...

Court Disposition

Plaintiffs' claim dismissed with costs.

Orders

  • The plaintiffs' claim is dismissed with costs.