P.W.R v Discovery Life and Another (17/18098)
P.W.R v Discovery Life and Another (17/18098) [2023] ZAGPJHC 481 (15 May 2023)
The court held that the insured event under the policy was the onset of the plaintiff's permanent incapacity to act as a stockbroker, not the insurer's satisfaction thereof. The policy must be interpreted as a whole, and its text clearly provides that the benefit accrues 'in the event' of permanent incapacity. Discovery's refusal to consider information that could establish permanent incapacity before the policy lapsed was unreasonable and contrary to its obligations. The cause of action was complete upon Discovery's repudiation of the claim. The arguments advanced by Discovery for leave to a…
Source excerpt
- Insurance Policy Interpretation
- Wrongful Repudiation
- Capital Disability Benefit
- Reasonableness Of Insurer
- Costs Variation