This blog was co-authored by Anika de Kock, Associate and Lara Thom, Candidate Attorney.
In the case of Discovery Insure Limited v Masindi, the court had to consider whether a claim “tainted with fraud” lodged by a policyholder had the effect of rendering the whole claim voidable, even the parts not tainted by fraud
South African insurers can take heart from the Hong Kong High Court’s judgment to uphold an insurers’ reliance both on a time limit clause and a forfeiture clause in a commercial insurance policy.
The time limit clause provided that the insurer was not liable for any loss or damage after the expiration of twelve months