
CDH flags compliance risks in replacement policy advice
The law firm says recent FAIS Ombud and Tribunal decisions highlight disclosure, suitability, and record-keeping failures in replacement policy cases.

The law firm says recent FAIS Ombud and Tribunal decisions highlight disclosure, suitability, and record-keeping failures in replacement policy cases.

A settlement facilitated by the FAIS Ombud highlights that full disclosure of product terms does not, on its own, satisfy suitability obligations under the Code of Conduct.

Consumers must understand product terms and ensure documentation accurately reflects agreed guarantees and beneficiaries.

A drone listed on a policy wasn’t insured for its main purpose. This case is a reminder that exclusions can cancel out the protection you think you’ve bought.

Many trading platforms are FSCA-licensed but expressly do not provide advice. This typically blocks successful complaints unless advice can be proved.

Moonstone’s levy calculator enables FSPs to find out quickly how much they will pay to the FSCA, FAIS Ombud, and Tribunal.

I-FSCA yarhoxisa ilayisenisi ye-Luvuyo’ kwinyanga yeThupha emva kokuba uthotho lwezigqibo lufumanise ukuba le nkampani ayiphumelelanga ukuhlawula amabango kwaye yasebenza ngaphandle kombhali ongaphantsi.

New enquiries soared in 2024/25, signalling higher public awareness; yet the number of cases opened fell as many matters were settled without the Ombud’s involvement.

The FSCA revoked Luvuyo’s licence in August after a string of determinations found the firm failed to pay claims and operated without an underwriter.

The proposed amendments will also see increases in the Tribunal levy and the FAIS Ombud’s charge per KI/representative.

Advocate John Simpson publishes his Office’s draft budget for public comment.

The funeral provider has faced repeated determinations this year after failing to settle valid claims.

After the High Court remitted the matter, a new Tribunal panel deemed the challenge ‘frivolous and vexatious’.

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.

Luvuyo Burial and Consulting did not pay the claims in full even after the Ombud’s Office intervened.

The beneficiaries waited months to be paid their funeral policy benefits, but they received only partial pay-outs despite undertakings to the contrary.

The material change from a co-policyholder to a sole policyholder should have alerted the FSP of the need to review the policy.