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South Africa decisions
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Safire Crop Protection Co-Operative Ltd v Normandien Farms (Pty) Ltd (AR246/2023) [2024] ZAKZPHC 115 (29 November 2024)
Appeal partly succeeded on a procedural quantum error, but failed on misrepresentation and non-disclosure issues in a fire insurance dispute.
Fern Finance (Pty) Ltd and Another v Financial Services Tribunal and Others (13261/2021) [2022] ZAGPPHC 746 (13 October 2022)
The court found that Fern Finance was engaged in issuing guarantee policies as defined under the Short Term Insurance Act and was required to be registered accordingly, regardless of its registration under the National Credit Act. The Tribunal's decision to impose penalties, including licence withdrawal, debarment, and a R3.5 million fine, was rational, reasonable, and lawful. The Tribunal considered all relevant statutory factors, did not act capriciously, and focused appropriately on deterrence. The applicants' arguments regarding procedural unfairness and the calculation of penalties were…
Source excerpt
Motshwane v iWyze Valuables Insurance (87941/2016) [2021] ZAGPPHC 111 (26 January 2021)
The High Court held that the insurer failed to prove material non-disclosure. A prior refusal to quote based on loss ratio was not shown to be material to the risk.
Becker and Another v Registrar of Financial Services Providers and Others (61274/2015) [2017] ZAGPPHC 926 (30 November 2017)
The High Court granted condonation for a late PAJA review, but dismissed the challenge to findings that Fusion Guarantees issued unauthorised guarantee policies.
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.
RMB Structured Insurance Ltd v Danresa Boeedery (Pty) Ltd (72663/2012) [2015] ZAGPPHC 1088 (20 August 2015)
The court held that non-disclosure of cancellation of prior cover and financial distress was material, allowing the insurer to avoid the policy and recover an interim payment.
Alfagranite (Pty) Ltd v Alexander Forbes Insurance Company Ltd (38037/2014) [2015] ZAGPPHC 343 (22 May 2015)
High Court dismissed an insurer’s exception to a replication in a short-term insurance dispute about alleged material non-disclosure and estoppel.
Regent Insurance Company Ltd v King (5/2014) [2014] ZASCA 176; 2015 (3) SA 85 (SCA); [2015] 2 All SA 137 (SCA) (21 November 2014)
The SCA held that King’s Property materially failed to disclose a tenant’s flammable manufacturing use, allowing Regent to avoid the policy.
Bruwer v Nova Risk Partners Limited (A5030/2010) [2010] ZAGPJHC 96; 2011 (1) SA 234 (GSJ) (25 October 2010)
High Court appeal in an insurance dispute: the insurer’s repudiation was set aside, the insured’s pending prosecution disclosure was held sufficient, and indemnity was ordered.
Cellular Insurance Managers (Pty) Ltd v Foshini Retail Group (Pty) Ltd (12262/07) [2010] ZAWCHC 159 (14 June 2010)
The High Court granted leave to appeal to the Supreme Court of Appeal on the contractual claim, but not on the statutory defence under the Short Term Insurance Act.
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