Medical evidence defeats insurer’s non-disclosure defence
The Appeal Tribunal found that the skin cancer had been completely treated, while evidence showed that the insured did not have lung disease.
#nondisclosure
Insurer cannot diagnose non-disclosure with hindsight
The doctor’s medical knowledge did not allow Discovery Life to rely on developments he could not reasonably have known about when applying for cover.
Not every medical non-disclosure justifies claim rejection
The Appeal Tribunal found that an undisclosed diagnostic test was not material to the insurer’s assessment of the risk and ordered the claim to be paid.
Claim dismissed after decade-long delay in Discovery Life dispute
A disability claim was paid, then disputed on non-disclosure grounds. Years of stalled litigation meant the court dealt with the case on procedure, not substance.
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.
High Court upholds Discovery Life’s decision to void policy
The policyholder inflated her earnings and failed to disclose a simultaneous application with another insurer, materially affecting the risk assessment.
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.
Rising fire risks prompt urgent focus on insurance in the agri sector
A dispute over a R14 million claim underscores the importance of clear communication and thorough risk assessment in fire insurance agreements.
