Equity

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  • pdf CR352 - Equity [NEW]
    Insurer relying on two year suicide exclusion clause on replacement policy; replaced policies in place with same insurer for 13-21 years; no interruption in cover (CR352)
  • pdf CR349 - Dread Disease / Equity [NEW]
    Claim for impairment and/or dread disease benefit on grounds of dysfunctional colon disease – claim not meeting policy criteria – claim settled for 50% of sum assured on basis of equity (CR349)
  • pdf CR343 - Equity
    Disability claim declined; complaint lodged eight years later; insurer defending on basis of prescription; whether our office could come to complainant’s assistance on grounds of equity. (CR343)
  • pdf CR336 - Equity
    Funeral benefit claim rejected on grounds of late submission – equity - over much of this period at issue policyholder hospitalised and receiving medical attention. (CR336)
  • pdf CR307 - Group scheme
    Group scheme - Claim under group disability scheme repudiated on grounds of late submission - late submission policy provision in principle enforceable, unless considerations of equity demand otherwise - equity ruling not fair to insurer in the particular circumstances (CR307)
  • pdf CR306 - Non-disclosure
    Non-disclosure - New policy issued as replacement - old policy cancelled - non-disclosure in application for new policy, and new policy cancelled - can claim be entertained on the replaced policy? (CR306)
  • pdf CR305 - Definition in relevant clause out of date
    Definition in relevant clause out of date - Strict application of it unfair and wasteful - application of equity - insurer's obligation to obtain necessary medical evidence (CR305)
  • pdf CR286 - Disability claim rejected on grounds of late submission
    Disability claim rejected on grounds of late submission - Interpretation of contract - how to determine date of disability - claim subsequently repudiated on grounds that claimant no longer a member of scheme at date of disability - application of equity (CR286)
  • pdf CR278 - Failure to apply for paid-up policy upon retirement
    Failure to apply for paid-up policy upon retirement - Insured unaware of the policy provision that he should make such application (CR278)
  • pdf CR242 - Equity
    Equity - Exception in policy covering disability - clause excluding intentionally or self induced illness or injury - insured donated one of her kidneys to save life of her brother - role of equity (CR242)
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