South Africa Case Law

Parsons Transport (Pty) Ltd v Global Insurance Ltd (345/2004)

Parsons Transport (Pty) Ltd v Global Insurance Ltd (345/2004) [2005] ZASCA 95; 2006 (1) SA 488 (SCA) (29 September 2005)

Court

Supreme Court of Appeal

Case number

345/2004

Judges

MPATI, MTHIYANE, NKABINDE, MAYA, CACHALIA

The Supreme Court of Appeal held that the insurance contract between the parties was valid and binding from 1 December 2002, and that payment of the premium by 15 January 2003 was not a suspensive condition or condition precedent to the operation of the contract. The warranties cited by the appellant were material terms, not suspensive conditions, and did not render the contract inoperative upon non-payment. The introductory clause and the warranties did not suspend the insurer's obligations, but merely recited the appellant's obligation to pay the premium. The appellant enjoyed insurance cov…

Source excerpt

• Insurance Contracts
• Premium Payment
• Suspensive Conditions
• Warranties In Insurance
• Specific Performance

Primier Milling Company (Pty) Ltd v Van Der Merwe and Others (126/1988)

Primier Milling Company (Pty) Ltd v Van Der Merwe and Others (126/1988) [1988] ZASCA 154; [1989] 4 All SA 396 (AD) (29 November 1988)

Court

Supreme Court of Appeal

Case number

126/1988

Judges

Botha, Hefer, Grosskopf, Kumleben, Eksteen

The court held that a broker who received a short-term insurance premium on behalf of an insurer had a statutory duty to pay it over, despite contrary instructions from the insured.

• Insurance Broker Liability
• Premium Payment
• Liquidation
• Agency
• Statutory Obligation
• Insurance-law