Non-disclosure

The disclosure test is in the insurance act

By Nadia Gamieldien on February 16, 2015

Section 59 of the Long-term Insurance Act and section 53 of the Short-term Insurance Act deal with misrepresentation and non-disclosure. The supreme court of appeal’s judgment in Visser v 1 Life Direct Insurance Limited correctly founded the entitlement of an insurer to reject a claim on statute.

The insurance acts say that a policy cannot…

Obligation to make full and proper disclosure reaffirmed and an interesting, but misguided estoppel argument rejected

By Jay Page on December 10, 2014

In Regent Insurance v King’s Property Development the appeal court confirmed that when dealing with avoidance of a policy for material non-disclosure:

The test for materiality is objective taken from the view of the reasonable person in the insurer’s position.
The test for inducement is subjective taken from the view of the particular insurer.
The

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Financial Institutions Legal Snapshot

Non-disclosure

The disclosure test is in the insurance act

Obligation to make full and proper disclosure reaffirmed and an interesting, but misguided estoppel argument rejected

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