South Africa Case Law

Ncube v Liberty Group Limited (2021-23807)

Ncube v Liberty Group Limited (2021-23807) [2024] ZAGPJHC 298; [2024] 2 All SA 861 (GJ) (25 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/23807

Judge

F Southwood

The court found that the defendant admitted all material allegations necessary for the plaintiff's claim under the life insurance policy and failed to plead any contractual or common law defence. The defendant's application for a stay was not supported by any pleaded facts or policy provisions, and the reliance on ongoing investigations or inquest did not constitute a valid defence. The exclusion clause in the policy did not apply in the absence of pleaded facts showing wilful and material violation of criminal law by the plaintiff. The court held that it retained jurisdiction to determine th…

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• Specific Performance
• Life Insurance Policy
• Stay Of Proceedings
• Summary Judgment
• Mora Interest
• Attorney And Client Costs

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

P.W.R v Discovery Life Limited and Another (17/18098) [2023] ZAGPJHC 282 (31 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

17/18098

Judge

S D J Wilson

The High Court held that the plaintiff was permanently incapacitated by the policy expiry date and that the insurer unreasonably repudated the life insurance claim.

• Life Insurance Policy
• Repudiation Of Claim
• Permanent Incapacity
• Psychiatric Disability
• Contractual Interpretation
• Life-insurance

Rossouw v Momentum (A division of MMI Group Limited) and Others (5430/20)

Rossouw v Momentum (A division of MMI Group Limited) and Others (5430/20) [2020] ZAGPPHC 657 (26 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

5430/20

Judge

E van der Schyff

The High Court held that a trustee lacked authority to nominate a life-policy beneficiary outside the trust deed’s beneficiary class, and ordered payment to the trust.

• Trust Deed Interpretation
• Beneficiary Nomination
• Ultra Vires Trustee Action
• Life Insurance Policy
• Motion Proceedings
• Costs Order

Wentzel v Discovery Life Limited and Others: In Re Botha and Others NNO v Wentzel (1001/19)

Wentzel v Discovery Life Limited and Others: In Re Botha and Others NNO v Wentzel (1001/19) [2020] ZASCA 121; 2021 (6) SA 437 (SCA) (2 October 2020)

Court

Supreme Court of Appeal

Case number

1001/19

Judges

Navsa, Mbha, Molemela, Eksteen, Unterhalter

The Supreme Court of Appeal held that an unrehabilitated insolvent, even if nominated as a beneficiary in a life insurance policy, is not personally entitled to the proceeds of that policy if rehabilitation has not occurred. The court found that the Insolvency Act vests all property acquired during sequestration, including insurance proceeds, in the trustees of the insolvent estate unless specifically excluded by statute. The dissolution of the marriage in community of property does not alter the consequences of insolvency, and the debts incurred remain extant. The appellant's argument that t…

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• Insolvency Act
• Unrehabilitated Insolvent
• Life Insurance Policy
• Sequestration
• Distribution Account

Altrisk v Barker (2014/23841)

Altrisk v Barker (2014/23841) [2018] ZAGPJHC 458 (15 June 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2014/23841

Judges

Sutherland, Matojane, Siwendu

The High Court held that Altrisk wrongly let Barker’s life policy lapse, found breaches in handling premium payments and notice, and confirmed reinstatement.

• Life Insurance Policy
• Payment Of Premiums
• Specific Performance
• Notice Of Default
• Contractual Breach
• Life-insurance

Visser v 1 Life Direct Insurance Limited (1005/13)

Visser v 1 Life Direct Insurance Limited (1005/13) [2014] ZASCA 193; 2015 (3) SA 69 (SCA) (28 November 2014)

Court

Supreme Court of Appeal

Case number

1005/13

Judges

Cachalia, Willis, Swain, Fourie

The Supreme Court of Appeal held that the insurer, 1 Life Direct Insurance Limited, failed to discharge the onus of proving that the deceased made any material misrepresentation or non-disclosure regarding her medical history. The hospital records relied upon by the insurer were incomplete, unreliable, and not admitted as evidence of their truth, and no application was made to admit them as hearsay under the Law of Evidence Amendment Act. The telephonic transcript was admissible as a record of the conversation but did not establish that the deceased's answers were untrue or knowingly false. T…

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• Life Insurance Policy
• Misrepresentation
• Non Disclosure
• Burden Of Proof
• Admissibility Of Evidence

Liberty Group Ltd v Jordaan (A289/11)

Liberty Group Ltd v Jordaan (A289/11) [2012] ZAFSHC 168 (13 September 2012)

Court

Free State High Court, Bloemfontein

Case number

A289/11

Judges

Kruger, Mocumie, Daffue

The appeal succeeded. The court held the policy was a buy-and-sell life policy, the respondent had ceded his rights, and his claim to the proceeds failed.

• Life Insurance Policy
• Cession Of Rights
• Suretyship Liability
• Expert Evidence
• Buy And Sell Agreement
• Life-insurance

PPS Insurance Company Ltd and Others v Mkhabela (159/11)

PPS Insurance Company Ltd and Others v Mkhabela (159/11) [2011] ZASCA 191; 2012 (3) SA 292 (SCA) (14 November 2011)

Court

Supreme Court of Appeal

Case number

159/11

Judges

Harms, Lewis, Van Heerden, Cachalia, Seriti

A predeceased life-insurance beneficiary’s estate cannot claim policy proceeds; the nomination created only a spes, which expired before the insured died.

• Life Insurance Policy
• Third Party Beneficiary
• Nomination And Revocation
• Contractual Rights
• Executor Claims
• Life-insurance