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South Africa Case Law

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Commercial And Corporate [2007] ZAGPHC 178

Matlala v Mutual & Federal Insurance Company Ltd (31369/2005)

Matlala v Mutual & Federal Insurance Company Ltd (31369/2005) [2007] ZAGPHC 178 (5 September 2007)

The court held that non-payment of the May 2005 premium ended cover under the policy, so the plaintiff had no insurance when the collision occurred.

  • Insurance Policy Interpretation
  • Premium Non Payment
  • Automatic Cancellation
  • Resolutive Condition
  • Estoppel
  • Short Term Insurance Act
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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)

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…

  • Insurance Contract
  • Policy Lapse
  • Estoppel
  • Premium Non Payment
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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.