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CR289 Mistake Mistake excluding consensus – insurer mistakenly imposing exclusion wording which did not conform to its intention – on the particular facts complainant could not reasonably rely on impression that insurer had not made a mistake – contract void ab initio and premiums refundable Background 1. The complainant had a policy covering him for […]Read More
CR151 Mistake – snatching at the bargain – bona fide error by insurer Feite Die klaer het in 1971 en 1973 onderskeidelik twee polisse by die versekeraar uitgeneem. Gedurende die tydperk wat hy die polisse besit het, het die versekeraar hom gereeld ingelig oor bonusverklarings en die stand van die polisse. Sedert 2001 het hy […]Read More
CR131 Conclusion of contract – cancellation and replacement of – “snatching at the bargain”. Background Upon being widowed Mrs A took “life cover” as well as “dread disease cover” through a consultant/franchise employee of the insurer, who acted as her financial adviser. Some years later when her circumstances changed, Mrs A decided to replace these […]Read More
CR114 Snatching at a bargain Background At regular intervals, but also on request, the insurance company provided the policyholder with detailed policy information schedules which featured, inter alia, estimated maturity values. These were values that were not guaranteed but were forecasts of future growth. For a short period of time, just a few weeks, incorrect […]Read More