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RMB Structured Insurance Ltd v Danresa Boeedery (Pty) Ltd (72663/2012) [2015] ZAGPPHC 1088 (20 August 2015)
The court held that non-disclosure of cancellation of prior cover and financial distress was material, allowing the insurer to avoid the policy and recover an interim payment.
Certain Underwriters of Lloyds of London v Harrison (24/2003) [2003] ZASCA 83; 2004 (2) SA 446 (SCA) (18 September 2003)
The Supreme Court of Appeal held that non-disclosure of an unlawfully imported insured vehicle was material and allowed the insurer to avoid liability.
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…
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