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South Africa Case Law

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Commercial And Corporate [2016] ZAGPJHC 197

Barker v Altrisk, A Division of Hollard Life Assurance Company Limited (23841/2014)

Barker v Altrisk, A Division of Hollard Life Assurance Company Limited (23841/2014) [2016] ZAGPJHC 197 (22 July 2016)

Court
South Gauteng High Court, Johannesburg
Case number
23841/2014
Judge
Crutchfield

The court found that the respondent failed to comply with both the policy and section 52 of the Long-Term Insurance Act by not notifying the applicant timeously of the non-payment of the November 2012 premium. The respondent delayed notification until both the November and December 2012 premiums were in arrears, which was contrary to the statutory and contractual requirements that notice be given for each missed payment within a reasonable time. This failure deprived the applicant of a reasonable opportunity to pay the arrears and prevent the lapse. The respondent's insistence on strict compl…

Source excerpt

  • Insurance Contracts
  • Policy Lapse
  • Notice Requirements
  • Long Term Insurance Act
  • Contractual Fairness
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Commercial And Corporate [1984] ZASCA 128

A J Shepherd (Edms) Bpk v Santam Versekeringsmaatskappy (126/84)

A J Shepherd (Edms) Bpk v Santam Versekeringsmaatskappy (126/84) [1984] ZASCA 128 (15 November 1984)

Court
Supreme Court of Appeal
Case number
126/84
Judges
Rabie, Miller, Viljoen, Botha, Galgut

The court held that the insurance policy in question was structured to provide coverage only for discrete periods, contingent upon the payment of premiums. The appellant failed to ensure payment of the premium for the period after 12 March 1981, resulting in the automatic lapse of the policy as per its terms. The subsequent endorsement issued by the respondent's clerk did not revive the lapsed policy nor create a new contract, as the clerk lacked the requisite authority. Furthermore, the respondent's conduct did not amount to a representation capable of founding an estoppel, since the appella…

Source excerpt

  • Insurance Contract
  • Policy Lapse
  • Estoppel
  • Premium Non Payment
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.