Insurance Law

Opinion
1. Background
1.1 We represent the family of the deceased Samantha Kruger. Ms Kruger was killed in a gondola car accident early morning on 15 January 2011.
1.2 Samantha Kruger has a life insurance policy policy with Reality Check policy Company for R500 000 and her family now seeks the payout of this policy.
1.3 The insurance company in enquiry refuses to pay the family out citing the fact that Samantha did not disclose her social function quantify employment as a sex histrion to them and claiming its materiality establish on the fact that it posed a risk to her life.
1.4 The main issue under question is magic trick and more specifically whether or not Samantha Kruger`s non divine revelation amounts to a material misrepresentation.
1.5 Once this has been established the issue moves to whether or not the period for disclosure had elapsed by the time Samantha entered into or during her time in the sex worker trade.
2. philosophical system of Good combine
2.1 Contracts in South Africa are contracts of good faith and are thus said to be bona fidei (P Havenga, General Principles of policy Law 1 ed (2002)).



This means that they should be based on the considerations of public policy and the community`s aesthesis of justice fairness and good morals and must be in light of the Constitution of the Republic of South Africa figure 108 of 1996.
2.2 The case of Mutual and Federal Insurance Co extra v Oudtshoorn Municipality 1985 (1) SA 419 (A) however challenged this notion within the legality of insurance and the majority held that the notion of good faith was alien, vague, and a null expression without any particular meaning in law and the time had come to jettison it. It has further been denied to be an independent, distinctive principle of contract law (Brisley v Drotsky 2002 (4) SA 1 SCA) and a distinguishing feature of our insurance law (Havenga op cit 110).
2.3 It is thus said that the vocation of good faith relates to an insurer`s right to take on complete and accurate...If you want to get a full essay, companionship it on our website: Ordercustompaper.com



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