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South Africa Case Law

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Civil Procedure [2014] ZAGPJHC 249

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

Klencovljevic v Discovery Life Limited (46154/2013, 46155/2013) [2014] ZAGPJHC 249 (3 October 2014)

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

The respondent failed to establish any reasonable prospect of success on appeal. The grounds advanced were either not argued, speculative, or unsupported by evidence. The respondent did not formally repudiate liability nor provide any substantive defence to payment under the policies. Its indefinite deferral of assessment, based on possible future investigations, was not justified by the policy terms or law. The insurer had a duty to assess the claims within a reasonable time and either pay or repudiate based on available evidence. The respondent's conduct amounted to a constructive repudiati…

Source excerpt

  • Insurance Contracts
  • Specific Performance
  • Onus Of Proof
  • Repudiation Of Claim
  • Reasonable Time To Assess
  • Leave To Appeal Test
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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.