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CR354 Credit insurance / Retrenchment

CR354 Credit insurance / Retrenchment Credit insurance – complainant dismissed from employment for alleged misconduct – insurer’s liability excluded in case of “fair dismissal” – complainant proving his dismissal was unfair – exclusion only came into play if policyholder retrenched, or lost income while self-employed or engaged in protected strike Background 1. The complainant was […]

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CR353 Credit insurance / Retrenchment / Equity

CR353 Credit insurance / Retrenchment / Equity Credit insurance – claim under credit life policy for retrenchment benefit – insurer repudiating on grounds that termination for misconduct excluded – reason appeared to be incapacity rather than misconduct – whether termination in these circumstances amounted to retrenchment – equity Background 1. The complainant took out a […]

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CR350 Credit insurance / Retrenchment Credit insurance

CR350 Credit insurance / Retrenchment Credit insurance – claim under credit life policy for retrenchment benefit – insurer repudiating on grounds of exclusion for voluntary retrenchment – dispute of fact as to whether retrenchment was voluntary – insurer eventually accepting complainant’s version Background 1. The complainant claimed against his credit protection policy when his employment […]

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CR332 Credit insurance Credit insurance – claim under credit life policy for retrenchment benefit

CR332 Credit insurance Credit insurance – claim under credit life policy for retrenchment benefit – exclusion if insured not in full time employment for 6 months before notification date of retrenchment – not applicable on the facts of this case Background 1. The complainant had an account protection plan policy, commencing on 23 September 2008, […]

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CR331 Credit insurance Claim under credit life policy for retrenchment benefit

CR331 Credit insurance Claim under credit life policy for retrenchment benefit – insurer invoking exclusion in case of acceptance of voluntary retrenchment – circumstances of case not constituting voluntary retrenchment Background 1. The complainant was employed by a hair and beauty salon. On 28 February 2012 her employer gave her a letter advising that she […]

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CR330 Credit insurance – claim under credit life policy for retrenchment benefit

CR330 Credit insurance Credit insurance – claim under credit life policy for retrenchment benefit – expiry of a renewable contract not grounds for excluding liability Background 1. The complainant had a “credit card debt protection” policy affording him life, disability and retrenchment cover in respect of his credit card agreement. 2. The complainant was employed […]

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CR323 Credit Insurance Retrenchment benefit – extent of cover.

CR323 Credit Insurance Retrenchment benefit – extent of cover. The complaint concerned the extent of the retrenchment benefit payable in terms of a credit life policy. When taking out the policy the complainant had been under the impression that in the event of her retrenchment the balance owing on her vehicle would be settled. The […]

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CR314 Pre- existing condition – Death Claim under credit life policy

Pre- existing condition CR314 Death Claim under credit life policy – policy containing a pre-existing condition exclusion clause– was there any need for the proposer to undergo medical examination notwithstanding the aforesaid exclusion clause? Background On 9 February 2007 the deceased took out a credit life policy covering his death, disability, retrenchment and dread disease. […]

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CR302 Conclusion of Contract-Reliance theory – credit life policy covering bond

Conclusion of Contract CR302 Reliance theory – credit life policy covering bond – insured relying on information provided by insurer to bank that cover in place – such information in turn furnished by bank to insured – no cover in fact granted. Mr and Mrs G applied for a bond at a bank, and at […]

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CR239 Credit insurance Claim under credit life policy for redundancy benefit

CR239 Credit insurance Claim under credit life policy for redundancy benefit – meaning of redundancy in policy. Background The complainant had a credit life insurance policy, which provided cover in the event inter alia of redundancy. The complainant was dismissed, but maintained that the dismissal had been without valid reason. He averred that when dismissing […]

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