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South Africa decisions
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Octofin (Pty) Ltd v Hugenote College (17084/2010) [2019] ZAWCHC 162 (27 June 2019)
High Court insurance-broker appeal partly succeeded: the main underinsurance claim failed, but the college recovered R389,314 on an alternative claim.
Nell v Franzall Insurance Brokers CC (821/11) [2015] ZANWHC 61 (17 September 2015)
The High Court held an insurance broker liable for failing to arrange cover and to warn of a tracker requirement, with quantum left for later determination.
Autopack Distributors CC v Compendium Insurance Group (Pty) Ltd (9935/2014) [2015] ZAKZDHC 60 (7 August 2015)
The High Court dismissed an exception to particulars of claim in an insurance-broker negligence matter, finding the pleading sufficiently clear to disclose a cause of action.
African Environmental Drilling CC v Almega Finansiele Dienste (47753/08) [2014] ZAGPPHC 473 (10 July 2014)
The High Court dismissed a claim against an insurance broker, finding no proved mandate breach and holding that average did not apply to a total loss.
PFC Food CC v Three Peaks Management (Pty) Ltd (5573/2009) [2012] ZAKZDHC 57 (10 September 2012)
The court found that the defendant, as insurance broker, failed to act with reasonable care and skill in advising the plaintiff on business interruption insurance. The defendant did not obtain sufficient financial information, did not explain the calculation of business interruption losses, and failed to warn the plaintiff about the risk of under-insurance and the application of average. The evidence showed that the plaintiff relied on the broker for advice and would have increased cover if properly advised. The defendant's reliance on the plaintiff's instructions was insufficient, as the bro…
Source excerpt
Delphisure Group Insurance Brokers Cape (Pty) Ltd v Kotze and Others (437/2009) [2010] ZASCA 85; 2010 (5) SA 499 (SCA) ; [2011] 1 All SA 109 (SCA) (31 May 2010)
The SCA held that an insurance broker negligently misrepresented that a crop insurance product was underwritten, making it liable to one farmer but not another.
A M Transport (Edms) Bpk v Pleroma (Edms) Bpk en Anders (1731/06) [2010] ZAWCHC 409 (27 May 2010)
High Court claim against two insurance brokers succeeded after the court found they failed to secure goods-in-transit cover for spirits.
Wessels h/a VR Vervoer v Makelaars (1295/2005) [2007] ZAFSHC 89 (30 August 2007)
The High Court held that the insurance broker failed to prove he informed the plaintiff of a tracking-device exclusion, making him liable for breach of contract.
Primier Milling Company (Pty) Ltd v Van Der Merwe and Others (126/1988) [1988] ZASCA 154; [1989] 4 All SA 396 (AD) (29 November 1988)
The court held that a broker who received a short-term insurance premium on behalf of an insurer had a statutory duty to pay it over, despite contrary instructions from the insured.
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