South Africa Case Law

Discovery Insure Limited v Masindi (85613/2017)

Discovery Insure Limited v Masindi (85613/2017) [2021] ZAGPPHC 145 (8 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

85613/2017

Judge

N.V. Khumalo

The court held that the insurance policy contained an express forfeiture clause, but its application must be interpreted in light of established principles and the intention of the parties. The fraudulent claim related to emergency accommodation arose from a single insured incident, and the right to claim valid benefits had accrued prior to the breach. Applying the authorities, the court found that forfeiture of valid claims would constitute a disproportionate penalty and was not justified by the policy wording or the prejudice suffered by the insurer. Only the amounts paid on the fraudulent…

Source excerpt

• Insurance Contracts
• Fraudulent Claims
• Forfeiture Clauses
• Penalty Clauses
• Quantification Of Damages

Rein NO v Fleischer NO and Others (472/83)

Rein NO v Fleischer NO and Others (472/83) [1984] ZASCA 102; 1984 (4) SA 863 (18 September 1984)

Court

Supreme Court of Appeal

Case number

472/83

Judges

Kotzé, Miller, Joubert, Hoexter, Hefer

The court held that a divorce consent paper promising future inheritance funds did not amount to anticipation or encumbrance under the will’s forfeiture clause.

• Testamentary Trusts
• Forfeiture Clauses
• Anticipation Of Inheritance
• Encumbrance Of Inheritance
• Interpretation Of Wills
• Testamentary-trusts