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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.
KGA Life Limited v Multisure Corporation (Pty) Ltd and Others (304/2022) [2023] ZASCA 122; [2023] 4 All SA 613 (SCA); 2024 (3) SA 51 (SCA) (20 September 2023)
The Supreme Court of Appeal held that the group funeral insurance scheme between KGA and Multisure became unlawful and unenforceable upon the coming into effect of the Insurance Act 18 of 2017 and KGA's conversion to a licensed insurer. The scheme did not comply with the statutory definition of a group and policyholder under the new Act, and its continued operation constituted a contravention of section 5(1), rendering the contracts void due to supervening illegality. Multisure's purported cancellation of the intermediary agreement and appointment of a new underwriter had no legal effect, as…
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Dealernet (Pty) Ltd v Mamahlodi (A3/2007) [2009] ZAGPPHC 177 (12 March 2009)
The court held that an insurer’s rejection notice did not comply with policyholder-protection rules, so the time-barring defence failed.
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