South Africa Case Law

Lewis Group Limited v Emerald Risk Transfer Proprietary Limited and Others (085183/23)

Lewis Group Limited v Emerald Risk Transfer Proprietary Limited and Others (085183/23) [2025] ZAGPJHC 486 (20 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

085183/23

Judge

N P Mali

The High Court stayed a business interruption insurance dispute and sent the amount-in-dispute question to arbitration, dismissing the insured’s request to avoid arbitration.

• Arbitration Agreement
• Stay Of Proceedings
• Insurance Policy Interpretation
• Business Interruption Claims
• Prescription Of Debt
• Arbitration-agreement

Drakenstein Municipality v Guardrisk Allied Products and Services (Pty) Ltd and Another (2020/12145)

Drakenstein Municipality v Guardrisk Allied Products and Services (Pty) Ltd and Another (2020/12145) [2025] ZAGPJHC 234 (11 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2020/12145

Judge

D J Wilson

The court allowed Drakenstein Municipality to amend its replication to argue that a partially repudiated insurance claim was not ‘rejected’ for the policy time bar.

• Insurance Policy Interpretation
• Time Bar Clauses
• Leave To Amend
• Repudiation Of Claims
• Insurance-policy-interpretation
• Time-bar-clauses

Ngqeleni v Outsurance Insurance Company Limited (EL933/2022)

Ngqeleni v Outsurance Insurance Company Limited (EL933/2022) [2024] ZAECELLC 44 (14 November 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL933/2022

Judge

B B Brody

The court found that the insurance policy's exclusion for defective workmanship must be read in the context of the plaintiff's knowledge. The expert evidence established that the plaintiff could not have known about the defective workmanship prior to purchasing the property. Therefore, the exclusion did not apply, and the incident was an insured peril under the policy. The defendant's argument that the plaintiff should have foreseen the defect was unsupported by the facts and expert opinion. The court held that both issues for determination must be answered in favour of the plaintiff, resulti…

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• Insurance Policy Interpretation
• Exclusion Clauses
• Foreseeability
• Burden Of Proof

Delpaul v Hollard Life Assurance Co Ltd (18301/2018)

Delpaul v Hollard Life Assurance Co Ltd (18301/2018) [2023] ZAGPJHC 745 (30 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

18301/2018

Judge

I Opperman

The High Court held that the insurance policy paid per event, not per group, and awarded the plaintiff the unpaid balance of the benefit amount plus interest and costs.

• Insurance Policy Interpretation
• Benefit Amount Entitlement
• Repudiation Of Claim
• Contra Proferentem
• Contractual Intention
• Insurance-policy-interpretation

P.W.R v Discovery Life and Another (17/18098)

P.W.R v Discovery Life and Another (17/18098) [2023] ZAGPJHC 481 (15 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

17/18098

Judge

S D J Wilson

The court held that the insured event under the policy was the onset of the plaintiff's permanent incapacity to act as a stockbroker, not the insurer's satisfaction thereof. The policy must be interpreted as a whole, and its text clearly provides that the benefit accrues 'in the event' of permanent incapacity. Discovery's refusal to consider information that could establish permanent incapacity before the policy lapsed was unreasonable and contrary to its obligations. The cause of action was complete upon Discovery's repudiation of the claim. The arguments advanced by Discovery for leave to a…

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• Insurance Policy Interpretation
• Wrongful Repudiation
• Capital Disability Benefit
• Reasonableness Of Insurer
• Costs Variation

Chartis South Africa Limited v Super Group Trading (PTY) Ltd (2010/36709)

Chartis South Africa Limited v Super Group Trading (PTY) Ltd (2010/36709) [2022] ZAGPJHC 525 (12 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2010/36709

Judge

L. Windell

The High Court dismissed Chartis’s Rule 33(4) application to separate issues in an insurance dispute, finding liability and quantum were inextricably linked.

• Separation Of Issues
• Insurance Policy Interpretation
• Employee Dishonesty
• Quantum And Liability Linkage
• Separation-of-issues
• Insurance-policy-interpretation

Discovery Life Limited v Hogan and Another (389/2020)

Discovery Life Limited v Hogan and Another (389/2020) [2021] ZASCA 79; 2021 (5) SA 466 (SCA) (11 June 2021)

Court

Supreme Court of Appeal

Case number

389/2020

Judges

Petse, Wallis, Potterill, Rogers, Poyo-Dlwati

The Supreme Court of Appeal held that Mrs Church's conduct, including her explicit communications to cancel the policy and her instruction to her bank to stop payment of the September premium, constituted a clear and deliberate repudiation of the insurance contract. Discovery Life Limited was entitled to accept this repudiation and cancel the policy immediately, without affording a grace period for payment of the premium. The grace period provision in the policy was intended to protect the insured in cases of inadvertent non-payment, not in cases of deliberate repudiation. The policy was ther…

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• Insurance Policy Interpretation
• Repudiation Of Contract
• Grace Period For Premium Payment
• Contract Cancellation
• Long Term Insurance Act

Ma-Afrika Hotels (Pty) Ltd and Another v Santam Limited (6499/2020)

Ma-Afrika Hotels (Pty) Ltd and Another v Santam Limited (6499/2020) [2021] ZAWCHC 32 (22 February 2021)

Court

Western Cape High Court, Cape Town

Case number

6499/2020

Judges

Goliath, Cloete, Mantame

The High Court granted leave to appeal on a policy-interpretation dispute over whether business interruption indemnity was limited to 3 months or 18 months.

• Insurance Policy Interpretation
• Business Interruption Cover
• Indemnity Period
• Contra Preferentem Rule
• Insurance-policy-interpretation
• Business-interruption-cover

Grassy Knoll Trading 78 CC t/a Fat Cactus and Another v Guardrisk Insurance Company Limited (10035/2020)

Grassy Knoll Trading 78 CC t/a Fat Cactus and Another v Guardrisk Insurance Company Limited (10035/2020) [2020] ZAWCHC 168; [2021] 1 All SA 503 (WCC) (20 November 2020)

Court

Western Cape High Court, Cape Town

Case number

10035/2020

Judge

Norton

High Court declarator on COVID-19 business interruption cover under a restaurant insurance policy disease clause linked to notifiable disease within 50 km.

• Insurance Policy Interpretation
• Business Interruption
• Causation
• Covid 19 Regulations
• Insurance-policy-interpretation
• Business-interruption-insurance

Ossie Pretorius Landgoed CC v Heavy Commercial Vehicle Underwriting Managers (Pty) and Another (47468/2012)

Ossie Pretorius Landgoed CC v Heavy Commercial Vehicle Underwriting Managers (Pty) and Another (47468/2012) [2017] ZAGPJHC 363 (5 December 2017)

Court

South Gauteng High Court, Johannesburg

Case number

47468/2012

Judge

S C Mia

The court found that the plaintiff, a close corporation, had an insurable interest in both the vehicles and the goods conveyed, as evidenced by documentation, witness testimony, and the conduct of business. The vehicles had valid roadworthy certificates and were regularly maintained, and the driver’s actions and the physical evidence at the scene supported the conclusion that the vehicles were roadworthy at the time of the collision. The expert evidence provided by the defendants was based on post-collision inspection and did not outweigh the direct evidence from witnesses present at the scen…

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• Insurance Policy Interpretation
• Roadworthiness Exclusion
• Insurable Interest
• Burden Of Proof
• Contra Proferentem Rule