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South Africa decisions
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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.
Commercial Union Insurance Company of SA Ltd v Wallace NO; Santam Insurance Ltd v Afric Addressing (Pty) Ltd (249/2002) [2003] ZASCA 84; 2004 (1) SA 326 (SCA) (19 September 2003)
The court held that AMA’s insurance claim was fraudulent and that Press Supplies failed to disclose material facts when extending cover.
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.
Qilingele v South African Mutual Life Assurance Society (117/91) [1992] ZASCA 189; 1993 (1) SA 69 (AD); (28 September 1992)
The Supreme Court of Appeal held that the materiality test for misrepresentation in insurance contracts is governed by section 63(3) of the Insurance Act, not by the common law reasonable man standard. The statutory test requires the insurer to prove, on a balance of probabilities, that the misrepresentation was likely to have materially affected its assessment of risk at the time the policy was issued. The respondent's expert evidence established that the insured's failure to disclose contemporaneous applications for life insurance with other insurers was material to the risk assessment, as…
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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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