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South Africa Case Law

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Commercial And Corporate [2025] ZAFSHC 95

Mavela v Outsurance Insurance Company Limited (2887/2021)

Mavela v Outsurance Insurance Company Limited (2887/2021) [2025] ZAFSHC 95 (28 March 2025)

Court
Free State High Court, Bloemfontein
Case number
2887/2021
Judge
JP Daffue

The court found that the defendant proved both defences relied upon: first, that the plaintiff provided false and misleading information material to the assessment of the claim, and second, that the plaintiff drove his vehicle whilst under the influence of alcohol at the time of the collision. The evidence of the defendant's witnesses was credible, corroborative, and withstood cross-examination, while the plaintiff's version was illogical, improbable, and contradicted by both physical evidence and witness testimony. The insurance policy expressly excluded cover in cases of dishonesty or drivi…

Source excerpt

  • Insurance Contract
  • Material Misrepresentation
  • Driving Under Influence
  • Policy Repudiation
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Commercial And Corporate [2014] ZAGPJHC 191

Klencovljevic v Discovery Life Limited (46154/2013 , 46155/2013)

Klencovljevic v Discovery Life Limited (46154/2013 , 46155/2013) [2014] ZAGPJHC 191 (18 August 2014)

Court
South Gauteng High Court, Johannesburg
Case number
46154/2013 , 46155/2013
Judge
FJ Becker

The court found that the respondent insurer failed to assess the applicant's claims within a reasonable time and did not establish any legal basis for indefinite deferral pending third party investigations. The respondent did not conduct its own investigation or make any election to repudiate or honour the policies during the six month period following claim submission. The court held that the insurer's right to a reasonable time to assess claims does not entitle it to postpone assessment indefinitely in the hope that external investigations might yield relevant information. Furthermore, the…

Source excerpt

  • Insurance Claims
  • Material Non Disclosure
  • Reasonable Time To Assess
  • Policy Repudiation
  • Duty Of Disclosure
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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.