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South Africa decisions
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Eugene Prinsloo v Donovan Theodore Majiedt N.O and Another (257/2024) [2025] ZASCA 74 (30 May 2025)
The SCA held that the surviving spouse had to be joined in litigation over whether life insurance proceeds were protected under section 63 of the Long-term Insurance Act.
Machipi and Another v Palabora Mining Company Board of Trustees of Palabora and Others (2023-062156) [2025] ZAGPPHC 84 (6 February 2025)
The court found that section 37C of the Pension Fund Act does not apply to the group life insurance policy administered by Sanlam. The nomination form signed by the deceased is binding regarding the allocation of benefits under the group life insurance policy. The Fund trustees have no jurisdiction to allocate these benefits, and any attempt to do so would be ultra vires. The applicants, as nominated beneficiaries, are entitled to payment of the group life insurance benefits in accordance with the nomination form. The respondents are jointly and severally liable for the costs of the applicati…
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M.D.L v Liberty Group Limited (3387/2023) [2024] ZAECQBHC 70 (19 November 2024)
The court found that the respondent complied with Rule 17.6.3(a) of the Policyholder Protection Rules by providing the applicant with a detailed repudiation letter that set out the reasons for the decision in plain language. The applicant did not dispute the contents of the letter but rather questioned why the respondent did not access information from previous applications. The court held that the applicant was required to disclose all material facts during the new application process and that the respondent was under no obligation to search its records for prior disclosures unless specifica…
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Ntlokwana v Sanlam Life Insurance Limited (2023-053497) [2024] ZAGPPHC 1092 (22 October 2024)
The High Court dismissed an application to cancel retirement-linked insurance policies, finding the non-surrender clauses were lawful and the notice of termination ineffective.
Sanlam Life Insurance Limited v Chigombo (A14/2024) [2024] ZAMPMBHC 71 (30 September 2024)
The respondent was bound by the terms of the insurance contract and the legislative provisions incorporated therein. After making a partial withdrawal, she was precluded by both contract and law from cancelling the contract or making further withdrawals until the maturity date. The court a quo erred in relying on the Consumer Protection Act, which does not apply to contracts regulated by the Long Term Insurance Act. The respondent's reliance on section 62(2)(c) of the Long Term Insurance Act was misplaced, as it merely empowers the Authority to make rules and does not override the statutory r…
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Prinsloo v Majiedt N.O and Another (641/2021) [2024] ZAFSHC 49 (20 February 2024)
The court found that its interpretation of section 63 of the Long-Term Insurance Act was not fully aligned with either party's contentions. The word 'person' in section 63 refers to the policyholder, and the section only applies where the policyholder or their spouse is both the life insured and the beneficiary. Where a third party is appointed as beneficiary and accepts the appointment upon the death of the policyholder, section 63 does not apply. The court acknowledged that its conclusion was not entirely in accordance with the parties' arguments and that the matter involves an important qu…
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Majiedt N.O and Another v Prinsloo (641/2021) [2023] ZAFSHC 201 (19 May 2023)
The court held that section 63 of the Long-Term Insurance Act did not protect life insurance proceeds paid directly to a nominated beneficiary.
Maharaj N.O v Discovery Life Limited (8713/2015) [2022] ZAKZDHC 52 (2 December 2022)
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…
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Discovery Life Limited v Hogan and Another (389/2020) [2021] ZASCA 79; 2021 (5) SA 466 (SCA) (11 June 2021)
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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Nannen and Others v Momentum and Others (6769/05) [2017] ZAGPPHC 146 (18 April 2017)
The court dismissed a claim for insurance death benefits, finding the deceased materially failed to disclose medical consultations and tests when applying for cover.
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