South Africa Case Law

Mavela v Outsurance Insurance Company Limited (2887/2021)

Mavela v Outsurance Insurance Company Limited (2887/2021) [2025] ZAFSHC 95 (28 March 2025)

Court

Free State High Court, Bloemfontein

Case number

2887/2021

Judge

JP Daffue

The court found that the defendant proved both defences relied upon: first, that the plaintiff provided false and misleading information material to the assessment of the claim, and second, that the plaintiff drove his vehicle whilst under the influence of alcohol at the time of the collision. The evidence of the defendant's witnesses was credible, corroborative, and withstood cross-examination, while the plaintiff's version was illogical, improbable, and contradicted by both physical evidence and witness testimony. The insurance policy expressly excluded cover in cases of dishonesty or drivi…

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• Insurance Contract
• Material Misrepresentation
• Driving Under Influence
• Policy Repudiation

King Price Insurance CO v Joubert (4083/2023)

King Price Insurance CO v Joubert (4083/2023) [2024] ZAFSHC 147 (24 May 2024)

Court

Free State High Court, Bloemfontein

Case number

4083/2023

Judge

M.T. Jordaan

The High Court granted summary judgment for unpaid insurance premiums, rejecting a Rule 32 objection that there was no nexus between the plaintiff and the deponent.

• Summary Judgment
• Insurance Contract
• Liquidated Claim
• Rule 32 Procedure
• Contract Repudiation
• Summary-judgment

Shezi v Santam Limited (1109/2023)

Shezi v Santam Limited (1109/2023) [2024] ZAFSHC 43 (16 February 2024)

Court

Free State High Court, Bloemfontein

Case number

1109/2023

Judge

Mhlambi

The High Court upheld an exception to an insured plaintiff’s particulars of claim because they did not plead compliance with clear contractual time limits.

• Exception To Pleadings
• Insurance Contract
• Cause Of Action
• Time Bar Clauses
• Exception-to-pleadings
• Insurance-contract

Seepi v King Price Insurance Company Ltd (72341/2018)

Seepi v King Price Insurance Company Ltd (72341/2018) [2023] ZAGPPHC 2044 (21 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

72341/2018

Judge

Lenyai

The High Court dismissed an insured plaintiff’s claim after finding he failed to disclose prior incidents material to risk assessment and premium calculation.

• Insurance Contract
• Material Non Disclosure
• Specific Performance
• Repudiation Of Claim
• Insurance-law
• Material-non-disclosure

Molefe v Miway Insurance Company Ltd

Molefe v Miway Insurance Company Ltd [2023] ZAGPPHC 489; A189/2022 (20 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

A189/2022

Judges

C K Matshitse, Neukircher

Appeal upheld where the insurer failed to prove material prejudice from alleged dishonesty in a stolen-vehicle claim. The insured’s claim was reinstated on the merits.

• Insurance Contract
• Material Misrepresentation
• Repudiation Of Claim
• Contra Proferentem
• Burden Of Proof
• Insurance-contract

King Price Insurance Company Ltd v Mhlongo (A159/2021)

King Price Insurance Company Ltd v Mhlongo (A159/2021) [2022] ZAGPPHC 463 (27 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

A159/2021

Judges

M R Phooko, N Khumalo

The court found no material misdirection by the court a quo and held that the insurance contract clearly obliged the Appellant to pay the outstanding settlement amount to the financial institution up to the maximum insured value. The Appellant failed to challenge the quantum or lead evidence regarding the value of the vehicle or the wreck. The alleged non-disclosure and excessive speed were not material to the risk or assessment of the claim, and there was no express exclusion in the contract for such conduct. The Respondent complied with the terms of the insurance contract, and the Appellant…

Source excerpt

• Insurance Contract
• Quantum Of Damages
• Burden Of Proof
• Pleadings
• Specific Performance

Outsurance Insurance Company Limited v Mpapama (62371/2019)

Outsurance Insurance Company Limited v Mpapama (62371/2019) [2022] ZAGPPHC 358 (30 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

62371/2019

Judge

Collis

The High Court rescinded a default judgment against an insurer, finding its failure to defend was not wilful and that it had a bona fide defence.

• Rescission Of Judgment
• Wilful Default
• Bona Fide Defence
• Insurance Contract
• Fraud Defence
• Rescission-of-judgment

Musa v King Price Insurance CO (33559/2020)

Musa v King Price Insurance CO (33559/2020) [2022] ZAGPJHC 295 (9 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

33559/2020

Judge

M A Makume

The applicant breached material terms of the insurance contract by refusing to provide information reasonably requested by the respondent to validate the claim. The respondent was entitled to cancel the contract following this breach. As the contract was lawfully cancelled and the applicant did not challenge the cancellation, specific performance cannot be granted. The respondent has conclusively demonstrated its entitlement to reject the claim and cancel the policy. The application is dismissed with costs.

Source excerpt

• Insurance Contract
• Specific Performance
• Breach Of Contract
• Repudiation Of Claim

Discovery Insure Limited v Masindi (85613/2017)

Discovery Insure Limited v Masindi (85613/2017) [2022] ZAGPPHC 198 (14 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

85613/2017

Judge

N V Khumalo

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The forfeiture clause in the insurance contract, while explicit, could not operate to retrospectively forfeit valid claims that had already accrued and been settled prior to the fraudulent breach. Such retrospective forfeiture is punitive and constitutes a penalty, thereby invoking the Conventional Penalties Act. The court considered the relevant authorities and principles, concluding that only the fraudulent portion of the claim was subject to forfeiture. The applicant's arguments regarding th…

Source excerpt

• Insurance Contract
• Fraudulent Claims
• Forfeiture Clause
• Penalty Clause
• Leave To Appeal
• Costs Award

Monametsi v Miway Insurance (83091/2019)

Monametsi v Miway Insurance (83091/2019) [2021] ZAGPPHC 478 (22 July 2021)

Court

North Gauteng High Court, Pretoria

Case number

83091/2019

Judge

K J Mogale

The High Court dismissed a claim for specific performance against Miway Insurance, finding the insured drove above a 60km/h limit and failed to take reasonable care.

• Insurance Contract
• Specific Performance
• Repudiation
• Reasonable Care
• Contractual Obligation
• Insurance-contract