Anderson Shipping (Pty) Ltd v Guardian National Insurance Company Ltd; In re: McCarthy Rental Ltd.; Anderson Shipping (Pty) Ltd.; Guardian National Insurance Company Ltd. (244/86)
Anderson Shipping (Pty) Ltd v Guardian National Insurance Company Ltd; In re: McCarthy Rental Ltd.; Anderson Shipping (Pty) Ltd.; Guardian National Insurance Company Ltd. (244/86) [1987] ZASCA 57; [1987] 2 All SA 307 (A) (27 May 1987)
The Supreme Court of Appeal held that Guardian National Insurance Company failed to establish that Anderson Shipping had actual or constructive knowledge of the material facts relied upon for the defence of non-disclosure. The evidence showed that Anderson’s manager responsible for hiring drivers did not know of the prior conviction or endorsement, and there was no duty to conduct further investigations absent suspicion. The knowledge of subordinates was not automatically imputed to the company, and the insurer did not prove that Anderson ought to have known the facts through reasonable busin…
Source excerpt
- Insurance Non Disclosure
- Materiality Of Risk
- Imputed Knowledge
- Corporate Liability