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Bonitas Medical Fund v Louis Pasteur Hospital Holdings (Pty) Ltd (50820/2008) [2016] ZAGPPHC 723 (18 August 2016)
The court held that insurance policies ceded for hospital funding remained Bonitas’s beneficial property and ordered payment of the proceeds, interest, and punitive costs.
Hlela and Others v SA Taxi Securitisation (Pty) Ltd and Others (515/2013) [2014] ZASCA 112 (17 September 2014)
The Supreme Court of Appeal held that the cession of the insurance policy to the lender was intended to secure the lender's interest in the vehicle and did not include the right to appoint or substitute the insurance broker. The right to appoint a broker remained with the appellants, subject to the lender's approval. The court found that the relevant statutory framework, including the National Credit Act and the FAIS Act, guaranteed the appellants' freedom of choice in insurance matters and prohibited the waiver of such rights. The respondents' refusal to accept the appellants' choice of brok…
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