Motorist wins #insurance #nondisclosure #judgment

Motorist wins #insurance #nondisclosure #judgment from Thomson Wilks Inc Attorneys (Rondebosch)

By: Thomson Wilks Inc Attorneys (Rondebosch)  07-13-2015
Keywords: Attorneys, Law Firm, Legal Advice

Motorist wins #insurance #nondisclosure #judgment In a judgment keenly-awaited by motorists and the insurance industry, a Durban engineer has won a battle against his insurance company which refused to pay him out for a car accident because he had not disclosed two previous accidents for which he had never claimed, says a report in The Mercury. Two years ago KZN High Court (Pietermaritzburg ) Judge Piet Koen ruled that Outsurance’s repudiation of Sherwin Jerrier’s claim for R600 000 for the damage to his Audi R8 Quattro after an accident in 2010 was correct. But in a ruling yesterday three appeal judges disagreed. Koen referred in his judgment to Jerrier’s policy which read: ‘You need to … inform us immediately of any changes to your circumstances that may influence whether we give you cover, the conditions of cover or the premium we charge … this includes incidents for which you do not want to claim but which may result in a claim in the future.’ It was common cause that Jerrier had struck a pothole in 2008 and had been involved in an accident with a bakkie the following year. He had not claimed for either, but he told the claims handler of both incidents after he put in his R600 000 claim for the third incident in 2010. Koen said Jerrier had a duty to report both within the 30-day period stipulated on the policy. The report notes appeal Judge Mahendra Chetty, with Judges Rashid Vahed and Thoba Poyo-Dlwati concurring, said the policy in question did not stipulate any ongoing duty to report ‘incidents’ which, because of their triviality, an insured person had sorted out himself. And even if it did, this obligation was not set out in any particularity and would result in a ‘flood of information on entirely irrelevant events’ creating general confusion and uncertainty among clients.

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