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South Africa decisions
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Nannen and Others v Momentum and Others (6769/05) [2017] ZAGPPHC 146 (18 April 2017)
The court dismissed a claim for insurance death benefits, finding the deceased materially failed to disclose medical consultations and tests when applying for cover.
Mashele v Momentum Insurance and Another (15304/2016) [2017] ZAGPJHC 33 (2 March 2017)
The High Court ordered specific performance under a short-term insurance policy, finding the insurer failed to justify repudiation of a motor collision claim.
Regent Insurance Company Ltd v King (5/2014) [2014] ZASCA 176; 2015 (3) SA 85 (SCA); [2015] 2 All SA 137 (SCA) (21 November 2014)
The SCA held that King’s Property materially failed to disclose a tenant’s flammable manufacturing use, allowing Regent to avoid the policy.
Mahadeo v Dial Direct Insurance Limited (06/3536) [2007] ZAGPHC 305; 2008 (4) SA 80 (W); [2008] 2 All SA 352 (W) (1 February 2007)
The court held that the plaintiff was not required to disclose the previous pothole incident and insurance claim because the questions posed by the defendant's consultant during the telephonic proposal were ambiguous and limited to accidents or stolen car claims, particularly within the last two years. The plaintiff's interpretation of 'accident' was reasonable, and the defendant failed to prove that the previous claim occurred within the relevant period. The reasonable person in the plaintiff's position would not have considered the incident material or disclosable based on the nature of the…
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Ngqono v Auto & General Insurance Company (441/2004) [2006] ZAECHC 135 (7 September 2006)
The court found that the plaintiff made a material misrepresentation to the insurer by providing inaccurate information regarding her insurance history, specifically claiming uninterrupted comprehensive insurance for five years. This misrepresentation was material to the assessment of risk and induced the insurer to grant a four-year no claims bonus and a lower premium. The objective test of materiality under section 53 of the Short-term Insurance Act applies to both misrepresentation and non-disclosure, and the plaintiff's conduct met this threshold. The insurer was therefore entitled to rep…
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Clifford v Commercial Union Insurance Company of South Africa Ltd. (302/96) [1998] ZASCA 37; 1998 (4) SA 150 (SCA); (22 May 1998)
The Supreme Court of Appeal held that material misstatements in an insurance proposal justified repudiation, and dismissed Clifford’s appeal with costs.
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