Tribunal draws a hard line on undisclosed client benefits
The decision turned on the adviser’s acceptance of personal benefits from a client, the lack of proper compliance disclosure, and the higher standard expected of a KI.
Disclosure
Clearer communication can prevent many motor insurance disputes
The NFO says proactive disclosure, better underwriting conversations, and stronger intermediary oversight will benefit customers and insurers alike.
JSE flags ‘recurrent non-compliance’ in KOBWA censure
The JSE issues a public censure and suspended fine after the Komati Basin Water Authority again failed to publish a required SENS announcement on time.
FSCA to sharpen ESG disclosure rules as scrutiny shifts to conduct
Guidance under development signals stricter application of existing rules to sustainability claims and disclosures.
Gig workers risk claim rejections by choosing the wrong cover
Opting for personal cover to save on premiums can backfire. Insurers may reject claims if income-generating use was not disclosed.
SCA clarifies when liability disclaimers fail to exclude delictual claims
Exclusion clauses will not operate where indemnities are not properly concluded with each participant and brought to their attention.
FAIS Ombud highlights need for follow-up when a policy changes materially
Determination says a ‘reasonable broker’ would supplement a bulk email with an email or phone call to ensure the client is aware of new conditions.
Lack of full and frank disclosure sinks FSP’s licence application
The Tribunal agrees with the FSCA that the entity’s key individual did not ‘come clean’ about her past misconduct.
Full disclosure is essential as farming operations evolve
Changes such as joint ventures, investing in infrastructure, and switching to higher-value crops can introduce risks that may not be covered.
Don’t let non-disclosure sink your business: insurance insights for owners
Business owners who neglect to inform their insurers of changes risk denied claims, policy voidance, and even lawsuits.
High Court reinforces key principles of disclosure in insurance
Applicants must fully disclose all relevant information during underwriting, even if it was divulged in past applications.
FAIS Ombud’s report highlights pitfalls in client communication
From misrepresented investment products to overlooked policy details, the cases show how advisers can better serve clients by providing clear, timely, and relevant information.
ConCourt clarifies when medical schemes can cancel membership for non-disclosure
Medical schemes cannot cancel membership based solely on the non-disclosure of a diagnostic procedure that does not lead to the diagnosis of a serious medical condition.
Banks defend lending criteria amid accusations of discrimination
The government takes banks to task over what it sees as unfair lending practices, proposing mandatory disclosures of declined home loans.
What private companies should know about beneficial ownership disclosure
To make sense of the new disclosure regime, it is necessary to distinguish the novel concept of a beneficial owner from the pre-existing notion of “beneficial interest”.
Ombud considers what adequate disclosure is in terms of the General Code
Two complaints where the FAIS Ombud held that the FSPs had not drawn the clients’ attention to the material terms.
FSCA publishes amendments to the General Code of Conduct
The requirements for advice fees in the context of insurance policies will be dealt with by amending the insurance regulations.
