South Africa Case Law

M.D.L v Liberty Group Limited (3387/2023)

M.D.L v Liberty Group Limited (3387/2023) [2024] ZAECQBHC 70 (19 November 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

3387/2023

Judge

Beshe

The court found that the respondent complied with Rule 17.6.3(a) of the Policyholder Protection Rules by providing the applicant with a detailed repudiation letter that set out the reasons for the decision in plain language. The applicant did not dispute the contents of the letter but rather questioned why the respondent did not access information from previous applications. The court held that the applicant was required to disclose all material facts during the new application process and that the respondent was under no obligation to search its records for prior disclosures unless specifica…

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• Long Term Insurance Act
• Policyholder Protection Rules
• Non Disclosure
• Repudiation Of Insurance Claim
• Contractual Obligations

Ntlokwana v Sanlam Life Insurance Limited (2023-053497)

Ntlokwana v Sanlam Life Insurance Limited (2023-053497) [2024] ZAGPPHC 1092 (22 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023-053497

Judge

Coertzen

The High Court dismissed an application to cancel retirement-linked insurance policies, finding the non-surrender clauses were lawful and the notice of termination ineffective.

• Non Surrender Clauses
• Policyholder Protection Rules
• Long Term Insurance Act
• Pension Funds Act
• Declaratory Relief
• Contract Cancellation

Slabbert v Liberty Group Limited (3281/2019)

Slabbert v Liberty Group Limited (3281/2019) [2022] ZAECQBHC 40 (31 October 2022)

Court

Eastern Cape High Court, Gqeberha

Case number

3281/2019

Judge

Potgieter

The court dismissed a claim for a permanent impairment benefit, holding that the insurer’s request for further specialist evidence was not unfair and the policy claim was not proven.

• Insurance Contracts
• Policyholder Protection Rules
• Repudiation Of Claims
• Fair Treatment Of Policyholders
• Insurance-law
• Claim-repudiation

Multisure Corporation (Pty) Ltd v KGA Life Limited and Others (2780/2021)

Multisure Corporation (Pty) Ltd v KGA Life Limited and Others (2780/2021) [2022] ZAECQBHC 24 (30 August 2022)

Court

Eastern Cape High Court, Gqeberha

Case number

2780/2021

Judge

Govindjee

High Court granted urgent enforcement of an order pending appeal, finding exceptional circumstances and irreparable harm under section 18 of the Superior Courts Act.

• Insurance Intermediary Agreement
• Funeral Policy Transfer
• Policyholder Protection Rules
• Superior Courts Act Section 18
• Urgent Application
• Non Joinder

Multisure Corporation (Pty) Ltd v KGA Life Limited and Others (2780/2021)

Multisure Corporation (Pty) Ltd v KGA Life Limited and Others (2780/2021) [2022] ZAECQBHC 49 (15 March 2022)

Court

Eastern Cape High Court, Gqeberha

Case number

2780/2021

Judge

Schoeman

The court found that the intermediary agreement and Master Policy between the applicant and KGA Life Limited were validly terminated by the applicant's written notice, which complied with both contractual and statutory requirements. The applicant provided sufficient written notice to all policyholders via SMS, website, and posted letters, meeting the obligations under the agreement and the Policyholder Protection Rules. The court rejected KGA's argument that individual cancellations by policyholders were required, holding that the group scheme and intermediary agreement were terminated as of…

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• Intermediary Agreement Termination
• Funeral Insurance
• Group Scheme Cancellation
• Policyholder Protection Rules
• Electronic Communications And Transactions
• Declaratory Relief

Maree v C Booysen t/a NVM Beleggings & Versekeringsadviseurs (307/09)

Maree v C Booysen t/a NVM Beleggings & Versekeringsadviseurs (307/09) [2010] ZASCA 44; 2010 (5) SA 179 (SCA) ; [2010] 4 All SA 15 (SCA) (31 March 2010)

Court

Supreme Court of Appeal

Case number

307/09

Judges

Navsa, Mlambo, Bosielo

The Supreme Court of Appeal held that an agreement making an insured liable for an intermediary’s commission after cooling-off cancellation was unenforceable.

• Long Term Insurance Act
• Commission Entitlement
• Policyholder Protection Rules
• Unenforceable Agreement
• Long-term-insurance-act
• Insurance-commission

Booysen h/a NVM Beleggings en Versekeringsadviseur v Maree (A134/2008)

Booysen h/a NVM Beleggings en Versekeringsadviseur v Maree (A134/2008) [2009] ZAFSHC 100 (5 February 2009)

Court

Free State High Court, Bloemfontein

Case number

A134/2008

Judges

Kruger, Mocumie

The court held that the agreement in Section 5 of the Advice Record, which purported to make the respondent liable for the appellant's forfeited commission upon cancellation of the policy, was not rendered void by the statutory framework. The legislation and regulations do not expressly prohibit an intermediary from contracting directly with a client for a fee equivalent to forfeited commission, provided such arrangement does not contravene the regulated commission structure. The statutory cooling-off period protects the policyholder from liability to the insurer, but does not extend to bar c…

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• Insurance Intermediary Commission
• Policyholder Protection Rules
• Contract Enforceability
• Cooling Off Period
• Statutory Rights
• Accounting Claims