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

Safire Crop Protection Co-Operative Ltd v Normandien Farms (Pty) Ltd (AR246/2023)

Safire Crop Protection Co-Operative Ltd v Normandien Farms (Pty) Ltd (AR246/2023) [2024] ZAKZPHC 115 (29 November 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR246/2023

Judges

Olsen, Mossop, Nicholson

Appeal partly succeeded on a procedural quantum error, but failed on misrepresentation and non-disclosure issues in a fire insurance dispute.

• Insurance Contracts
• Material Non Disclosure
• Misrepresentation
• Quantum Separation
• Short Term Insurance Act
• Burden Of Proof

Jacobs v King Price Insurance Co Ltd (A153/2024)

Jacobs v King Price Insurance Co Ltd (A153/2024) [2024] ZAGPPHC 1296 (28 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

A153/2024

Judges

G Botha, MMD Lenyai

The High Court dismissed an appeal against absolution from the instance in an insurance dispute, holding that the appellant failed to prove retail value and repair costs.

• Absolution From The Instance
• Insurance Contracts
• Burden Of Proof
• Expert Evidence
• Absolution-from-the-instance
• Insurance-contracts

CCN Boerdery BK v ABSA Versekeringsmaatskappy BPK (2622/2015)

CCN Boerdery BK v ABSA Versekeringsmaatskappy BPK (2622/2015) [2024] ZANCHC 98 (4 October 2024)

Court

Northern Cape High Court, Kimberley

Case number

2622/2015

Judge

Lever

The High Court upheld an insurer’s special plea that a claim was time barred under the policy, and dismissed the insured’s claim with costs.

• Insurance Contracts
• Contractual Time Bar
• Agency Principles
• Repudiation Of Claim
• Costs Award
• Insurance-contracts

King Price Insurance Company Limited v Muambadzi (A236/2023)

King Price Insurance Company Limited v Muambadzi (A236/2023) [2024] ZAGPPHC 336 (9 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

A236/2023

Judges

BAQWA, NKOSI

The High Court upheld an insurer’s appeal because the respondent failed to prove reasonable repair quantum for a motor claim, with no expert evidence.

• Quantum Of Damages
• Burden Of Proof
• Hearsay Evidence
• Insurance Contracts
• Burden-of-proof
• Quantum-of-damages

Taxpayer Boerdery v Commissioner for the South African Revenue Service (IT 45979)

Taxpayer Boerdery v Commissioner for the South African Revenue Service (IT 45979) [2024] ZATC 5 (20 March 2024)

Court

Tax Court

Case number

IT 45979

Judges

Windell, Prof. P. van der Zwan, Adv. A.K. Sithole

The court found that the so-called 'premiums' paid by Taxpayer Boerdery to Company XYZ were not genuine insurance expenses but rather deposits that created a capital asset in the form of the experience account. The taxpayer retained the right to a refund of the balance, which accrued interest and was accessible on notice. The payments were not permanently outlaid in exchange for insurance cover but were refundable and generated a return, making them of a capital nature. As such, the payments did not qualify for deduction under section 11(a) of the Income Tax Act. The taxpayer failed to discha…

Source excerpt

• Income Tax Deductions
• Capital Vs Revenue Expenditure
• Understatement Penalty
• Insurance Contracts
• Interest On Underpayment

Mokgoke v Momentum Insure Company Limited (NCT/279251/75(1)(b) - Rule 34)

Mokgoke v Momentum Insure Company Limited (NCT/279251/75(1)(b) - Rule 34) [2023] ZANCT 35 (20 September 2023)

Court

National Consumer Tribunal

Case number

NCT/279251/75(1)(b) - Rule 34

Judge

MC Peenze

The Tribunal refused condonation for a late direct referral, finding the dispute fell outside the CPA because it concerned a short-term insurance contract.

• Condonation
• Jurisdiction
• Insurance Contracts
• Consumer Protection Act
• Short Term Insurance
• Insurance-contracts

Navigare Securities (Pty) Limited and Another v Vickers and Peters Financial Planning (Pty) Limited and Another (29108/2022)

Navigare Securities (Pty) Limited and Another v Vickers and Peters Financial Planning (Pty) Limited and Another (29108/2022) [2023] ZAGPPHC 727 (21 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

29108/2022

Judge

Yende

The High Court upheld an exception to a claim for life cover and income continuation benefits, holding that the particulars of claim were vague and failed to plead conditions precedent.

• Insurance Contracts
• Exception Procedure
• Conditions Precedent
• Specific Performance
• Locus Standi
• Vague And Embarrassing Pleading

White Oak Trade & Specialty Finance Cayman LLC v Santam Structured Insurance Limited and Others (13311/2020)

White Oak Trade & Specialty Finance Cayman LLC v Santam Structured Insurance Limited and Others (13311/2020) [2023] ZAGPJHC 148 (22 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

13311/2020

Judge

L R Adams

The court held that the insurance documents sought by the plaintiff are relevant to the pleaded issues, particularly regarding the authority of the third defendant and the relationships between the defendants. The defendants failed to establish that these documents are privileged, as they were not created in contemplation of litigation nor for submission to legal advisers. The FAIS compliance documents are also relevant, given the statutory duties pleaded, and the requests were not overly broad. Attorney instruction letters predating any mandate or litigation are not privileged and must be di…

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• Discovery Of Documents
• Legal Professional Privilege
• Insurance Contracts
• Fais Act Compliance
• Authority Of Agents
• Estoppel

Maharaj N.O v Discovery Life Limited (8713/2015)

Maharaj N.O v Discovery Life Limited (8713/2015) [2022] ZAKZDHC 52 (2 December 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

8713/2015

Judge

Olsen

The court found that the second plaintiff was diagnosed and treated for major depression in 2010 and 2012 and failed to disclose this material information when submitting service alteration requests for amendments to insurance policies 312 and 160. Applying section 59(1) of the Long Term Insurance Act and the objective test for materiality, the court held that a reasonable, prudent person would have disclosed such diagnoses, as they were likely to materially affect the assessment of risk. The defendant was therefore entitled to repudiate the amendments to the policies, rendering all amending…

Source excerpt

• Insurance Contracts
• Material Non Disclosure
• Misrepresentation
• Long Term Insurance Act
• Fraudulent Claims
• Quantification Of Claims