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South Africa Case Law

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Commercial And Corporate [2017] ZAGPPHC 601

Absa Idirect Limited v Valoyi (A703/14)

Absa Idirect Limited v Valoyi (A703/14) [2017] ZAGPPHC 601 (22 August 2017)

The High Court dismissed an insurer’s appeal, finding no material non-disclosure or misrepresentation by the insured when applying for cover.

  • Insurance Contract
  • Material Non Disclosure
  • Misrepresentation
  • Risk Assessment
  • Policy Cancellation
  • Insurance-contract
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Commercial And Corporate [2014] ZAECGHC 101

Birch trading as L F Birch & Son v Santam Ltd (CA105/2012)

Birch trading as L F Birch & Son v Santam Ltd (CA105/2012) [2014] ZAECGHC 101 (2 May 2014)

The High Court held that Santam had not validly cancelled the policy and that it was in force when the insured property was damaged by fire.

  • Insurance Contracts
  • Declaratory Relief
  • Policy Cancellation
  • Motion Proceedings
  • Judicial Discretion
  • Insurance-contracts
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Commercial And Corporate [2011] ZAECPEHC 60

Birch, Sidney Bonnen t/a LF Birch & Son v Santam Ltd (712/2011)

Birch, Sidney Bonnen t/a LF Birch & Son v Santam Ltd (712/2011) [2011] ZAECPEHC 60 (30 September 2011)

The High Court held that the insured’s stop-payment instruction amounted to repudiation, so the short-term policy was not in force when the fire loss occurred.

  • Insurance Contracts
  • Repudiation
  • Declaratory Relief
  • Policy Cancellation
  • Short Term Insurance
  • Application Vs Action Proceedings
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.