Discovery Life Limited v Hogan and Another (389/2020)
Discovery Life Limited v Hogan and Another (389/2020) [2021] ZASCA 79; 2021 (5) SA 466 (SCA) (11 June 2021)
The Supreme Court of Appeal held that Mrs Church's conduct, including her explicit communications to cancel the policy and her instruction to her bank to stop payment of the September premium, constituted a clear and deliberate repudiation of the insurance contract. Discovery Life Limited was entitled to accept this repudiation and cancel the policy immediately, without affording a grace period for payment of the premium. The grace period provision in the policy was intended to protect the insured in cases of inadvertent non-payment, not in cases of deliberate repudiation. The policy was ther…
Source excerpt
- Insurance Policy Interpretation
- Repudiation Of Contract
- Grace Period For Premium Payment
- Contract Cancellation
- Long Term Insurance Act