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Commercial And Corporate [2022] ZAGPPHC 437

Wyno Construction and Projects (Proprietary Limited v Miway Insurance Limited (48046/20)

Wyno Construction and Projects (Proprietary Limited v Miway Insurance Limited (48046/20) [2022] ZAGPPHC 437 (13 June 2022)

The court found that the exclusion clause in the insurance policy, which denies cover for theft or attempted theft by an employee, is reasonable and not contrary to public policy. The applicant voluntarily chose to exclude driver dishonesty cover to reduce the premium, exercising contractual autonomy. There was no evidence of coercion or uneven bargaining power. The clause does not attribute fault to the applicant but simply excludes claims under specified circumstances. The evidence established, on a balance of probabilities, that the applicant's employee stole the truck, thereby triggering…

  • Insurance Policy Exclusion
  • Public Policy
  • Contractual Freedom
  • Driver Dishonesty
  • Onus Of Proof
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