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South Africa decisions
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Ngobeni v PSG Insure and Others (14433/2022) [2024] ZAGPPHC 1158 (5 October 2024)
The High Court dismissed an application to set aside an insurance repudiation and an ombudsman ruling, finding misjoinder, no CPA basis, and no PAJA review.
CCN Boerdery BK v ABSA Versekeringsmaatskappy BPK (2622/2015) [2024] ZANCHC 98 (4 October 2024)
The High Court upheld an insurer’s special plea that a claim was time barred under the policy, and dismissed the insured’s claim with costs.
Seepi v King Price Insurance Company Ltd (72341/2018) [2023] ZAGPPHC 2044 (21 December 2023)
The High Court dismissed an insured plaintiff’s claim after finding he failed to disclose prior incidents material to risk assessment and premium calculation.
Delpaul v Hollard Life Assurance Co Ltd (18301/2018) [2023] ZAGPJHC 745 (30 June 2023)
The High Court held that the insurance policy paid per event, not per group, and awarded the plaintiff the unpaid balance of the benefit amount plus interest and costs.
Molefe v Miway Insurance Company Ltd [2023] ZAGPPHC 489; A189/2022 (20 June 2023)
Appeal upheld where the insurer failed to prove material prejudice from alleged dishonesty in a stolen-vehicle claim. The insured’s claim was reinstated on the merits.
P.W.R v Discovery Life Limited and Another (17/18098) [2023] ZAGPJHC 282 (31 March 2023)
The High Court held that the plaintiff was permanently incapacitated by the policy expiry date and that the insurer unreasonably repudated the life insurance claim.
Musa v King Price Insurance CO (33559/2020) [2022] ZAGPJHC 295 (9 May 2022)
The applicant breached material terms of the insurance contract by refusing to provide information reasonably requested by the respondent to validate the claim. The respondent was entitled to cancel the contract following this breach. As the contract was lawfully cancelled and the applicant did not challenge the cancellation, specific performance cannot be granted. The respondent has conclusively demonstrated its entitlement to reject the claim and cancel the policy. The application is dismissed with costs.
Source excerpt
King Price Insurance Company Ltd v Concise Consulting Services (Pty) Ltd (1067/2019) [2021] ZASCA 42 (13 April 2021)
The Supreme Court of Appeal held that false statements by an insured’s employee during claims validation were not attributable to the insured, so repudiation failed.
Concise Consulting Services (Pty) Limited v King Price Insurance Company Limited (A88/2018) [2019] ZAGPPHC 275 (9 May 2019)
High Court appeal in an insurance repudiation dispute; the court held the insurer failed to prove material misrepresentation and upheld indemnity.
Mashele v Momentum Insurance and Another (15304/2016) [2017] ZAGPJHC 33 (2 March 2017)
The High Court ordered specific performance under a short-term insurance policy, finding the insurer failed to justify repudiation of a motor collision claim.
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