South Africa Case Law

Navigare Securities (Pty) Limited and Another v Vickers and Peters Financial Planning (Pty) Ltd and Another (29108/22)

Navigare Securities (Pty) Limited and Another v Vickers and Peters Financial Planning (Pty) Ltd and Another (29108/22) [2024] ZAGPPHC 1344 (13 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

29108/22

Judge

Kubushi

The High Court dismissed an exception to amended particulars of claim in a group life insurance dispute, finding the pleaded case sufficiently disclosed issues for trial.

• Insurance Contracts
• Group Life Policy
• Exception Procedure
• Locus Standi
• Condition Precedent
• Fictional Fulfilment

C.M.M v Discovery Life (2023-013519)

C.M.M v Discovery Life (2023-013519) [2024] ZAGPPHC 989 (26 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023-013519

Judge

Williams

The applicant lacks locus standi to claim benefits under the Group Life Policy, as there is no privity of contract between her (or the deceased employee) and the respondent insurer. The policy was concluded between the respondent and the employer, with benefits payable to the employer according to its instructions. The doctrine of stipulatio alteri does not apply, as there was no acceptance of benefit by the applicant or her daughter that would make them contracting parties. The respondent's requirement for an Unabridged Birth Certificate as proof of paternity is a valid contractual precondit…

Source excerpt

• Group Life Policy
• Locus Standi
• Stipulatio Alteri
• Contractual Privity
• Specific Performance

Xaba and Others v Xaba N.O. and Others (A279/2013)

Xaba and Others v Xaba N.O. and Others (A279/2013) [2014] ZAGPPHC 812 (15 October 2014)

Court

North Gauteng High Court, Pretoria

Case number

A279/2013

Judges

Tuchten, W Hughes, MW Msimeki

The High Court held that a beneficiary nomination under an old insurance policy did not carry over to a replacement Sanlam policy without a fresh nomination.

• Insurance Beneficiary Nomination
• Stipulatio Alteri
• Group Life Policy
• Contractual Rights Of Beneficiaries
• Insurance-beneficiary-nomination
• Stipulatio-alteri