Shuping v Nom & Magg Funeral Services (Pty) Ltd and Another (NW04D/18) [2018] ZACONAF 11 (2 July 2018)

Shuping v Nom & Magg Funeral Services (Pty) Ltd and Another (NW04D/18) [2018] ZACONAF 11 (2 July 2018)

The court found that the plaintiff had established the existence of a funeral policy with the defendants, that the insured event (death of the nominated person) occurred while the policy was active, and that all claim requirements were met. The defendants failed to pay the claim amount and did not contest the proceedings. In the absence of any defence, the court was satisfied that the plaintiff was entitled to the relief sought. Judgment was granted for the claim amount and costs of enforcement.

Citation
[2018] ZACONAF 11
Parties
Plaintiff: Ketimetse Kate Lydia Shuping; Defendant: Nom & Magg Funeral Services (Pty) Ltd; Defendant: Dovelink Funeral Services (Pty) Ltd
Court
Consumer Affairs Court
Jurisdiction
South Africa
Judgment Date
2 July 2018
Case Number
NW04D/18
Procedural Posture
Civil Claim / Final Judgment
Outcome
Judgment for the plaintiff. Defendants ordered to pay claim amount and costs.
Judges
J. Nkomo, P. Hlahane, K. Kgomongwe
Legal Topics
Insurance Contract, Funeral Policy Claim, Consumer Protection, Default Judgment
Commercial and Corporate Insurance Contract Funeral Policy Claim Consumer Protection Default Judgment

Case Brief

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Parties

Ketimetse Kate Lydia Shuping

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 funeral policy with the defendants, that the insured event (death of the nominated person) occurred while the policy was active, and that all claim requirements were met. The defendants failed to pay the claim amount and did not contest the proceedings. In the absence of any defence, the court was satisfied that the plaintiff was entitled to the relief sought. Judgment was granted for the claim amount and costs of enforcement.

Court Disposition

Judgment for the plaintiff. Defendants ordered to pay claim amount and costs.

Orders

  • The defendants are jointly and severally ordered to pay the amount of R 18,000.00, the one paying, the other to be absolved.
  • The defendants shall be jointly and severally liable to pay the plaintiff the costs incurred in enforcing the judgment in the competent court, on party and party scale B of the applicable tariff.