in Tag: Information After Point Of Sale (clear all)
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Zakhele G Buthelezi (Complainant) v Actebis 406 CC t/a Pro-Brokers and Louis Kempen (Respondent) (Case number: FAIS 07716/13-14/WC3)
Complainant’s complaint against the respondent was upheld as the insurer did not inform the complainant of the need to fit a tracking device to his motor vehicle
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Renier Reyneke Transport CC t/a Premium Trucking (Complainant) v Smit Garun Brokers (Pty) Ltd (Respondent) (case number: FOC 769/05/L/(3))
The respondent, Smit Garun Brokers (Pty) Ltd, acting on a mandate by the complainant, Renier Reyneke Transport CC t/a Premium Trucking, in 2004, prepared documentation to be submitted to new prospective insurers for new insurance cover as from 1 January…
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J P H Victor (Complainant) v Tectum Portfolio Services (Pty) Ltd (Respondent) (case number: FOC 3872/06-07/GP (3))
Complaint upheld in connection with short-term insurance contract where the authorised financial services provider had failed to comply with provisions of the GCC relating to explanations to clients of general nature and material terms of the relevant contract or transaction,…
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Marlon van Dorsen (Complainant) v P A Zervas Brokers CC t/a Bitline Brokers Pepina Zervas (Defendant) (case number: FOC 1953/07-08/GP 3)
Complaint upheld in a case whether the respondents failed to comply with FAIS Act duties to inform clients in proper language about how to make factually correct representations and to inform clients on information that is required.
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Fliptrans CC (Complainant) v S & P Insurance Advisors (Pty) Ltd t/a McCrystal and Partners (First Defendant) and E Solmes (Second Defendant) (case number: FAIS 07987/11-12/GP)
Complainant’s complaint pertains to lack of advice. He was not informed that he should fit a tracking device and when his motor cycle was stolen, his claim was repudiated.
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Johannes Cornellis Bothma Bester v Louise Lee T/A Louise Lee Finansiële Adviseurs (case number: FAIS 0091-13/14 G3)
The complainant’s claim was as a result of the repondent’s failure to in form him that his residence should have been protected by a fully operational, 24-hour controlled alarm that was linked to an armed response. The complaint was upheld…
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Rungatrans CC and Counterpoint Trading 328 CC T/A Policy Provider (Complainant) v Fusion Properties 268 CC T/A Brokers Choice (case number: FOC 2480/ 07-08/ KZN 3)
Complainant’s complaint was upheld as the respondent’s failure to disclose these key facts regarding the replacement policies constituted a contravention of sections 8(1)(d)(i) and 8(1)(d)(ii) of the GCC.
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Johan Adriaan Steenkamp (Complainant) v Old Mutual Life Assurance Company (South Africa) Limited (Respondent) (case number: FOC 1343/05 FS)
The complainant, Johan Adriaan Steenkamp, suffered a financial loss due to cancellation of health care benefits resulting from alleged non-disclosures regarding the health his dependent son who had been born prematurely. The finding was that the respondent’s official in rendering…
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Zuluiga Paulse (Complainant) v Roger Wilco Trading 117 CC/ trading as Augusta Motors (Respondent) (case number: FOC 3818/06-07 WC 3)
Complaint upheld in case where the complainant, Zuluiga Paulse, had been required to pay a certain amount for broker commissions despite that other amounts duly paid by her had already included those commissions.
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Lindo Johan Esterhuyse (Complainant) v Gavin Grobler (First Defendant) and Plum Portfolio Solutions (Pty) Ltd (Second Defendant) (case number: FOC 3481/06-07 PE (5))
Complaint upheld where entire investment lost due to the respondents’ flagrant violation of duties imposed by FAIS Act
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David Marthinus Adlen (Complainant) v Herman Coertzen Brokers CC and Herban Bernardus Coertzen (Respondent) (case number: FAIS 05054/12-14/GP2)
Complainant’s claim upheld where he was advised to replace one policy with another and cover was interrupted due to the change, resulting in the rejection of his claim.
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Beneficiaries
Article: Common-law principles
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Under-insurance and average
Article: Common-law principles
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Termination of rights and obligations
Article: Common-law principles
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The Registrar of Financial Services Providers (Applicant) and Talksure Trading (Pty) Ltd (Respondent) (case number EC20/2014)
When a call centre uses a script stating that they have compared insurance quotes from different insurance companies and they have in fact failed to do do, such behaviour constitutes a contravention of section 2 of the GCC as it…
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Masimdumise Gabriel Bhengu (Complainant) v Outsurance Insurance Company Limited (Respondent) (case number: FAIS 06001/14-15/ KZN 3)
Complainant’s complaint against the respondent was upheld as the direct insurer did not inform the complainant of the need to specify his laptop for purposes of the “out-and-about” clause in the contract.
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Saroja Naidoo v South African Home Loans (Pty) Ltd (case number: FOC 035/06/KZN/2)
Legal requirements flowing from FAIS Act Codes of Conduct in connection with rejection of insurance claims on the basis of policy exclusions relating to pre-existing conditions of clients fully discussed. The respondent, South African Home Loans (Pty) Ltd, was held…
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Mario Angelucci (Complainant) v Alexander Forbes Administration & Insurance Services (A Division of Alexander Forbes Management Services (Pty Ltd) (Repondent) (case number: FOC 666/06)
The complaint by Mario Angelucci in the case of a claim under a short-term insurance policy covering burglary losses was dismissed due to alleged ignorance on the part of the complainant of certain applicable clauses of the policy having been…
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Palmeros Hospitality C.C (Complainant) v Willie Du Plessis Financial Services (Respondent) (case number: FOC 2372/06-07/EC (3))
Complaint on refusal of insurance cover on a stolen vehicle dismissed due to non-compliance with policy condition relating to a specific security requirement, as full disclosures thereon had been made to the complainant, and legal authority indicates clearly that broker…
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Neil Venter (Complainant) v Daija Investments CC t/a AB Insurance Brokers and Ahmed Bayat (Respondent) (case number: FAIS 05470/13-14/GP3)
Complainant’s complaint pertains to lack of advice. He was not informed that his policy contained a warranty that stipulated that his tracking device should be tested every six months. When his motor vehicle was stolen, his claim was repudiated as…
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Nothing of interest of a third party
Article: Common-law principles
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Subrogation
Article: Common-law principles
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John Anthony Maciel v Bouvest 2340 CC t/a A. Nell Makelaars (case number: FOC 1127/06-07/MP 3)
Complaint dismissed due to the complainant’s misrepresentations about what the insured vehicle was to be used for.
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Kgabo Posch Molokomme (Complainant) v Wayne Duvall ( First Respondent) & Quanway Insurance Brokers CC (Second Respondent) (case number FAIS 5534/07-08GP 2)
Complainant's complaint in the case of a short-term insurance policy upheld as the respondent failed to transfer the complainant’s policy together with a number of others, resulting in the complainant being without insurance.
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Jacques du Toit (Complainant) v Barrington Insurance Brokers (Pty) Ltd (First Respondent) and John Frayne (Second Respondent) (case number: FAIS 01129/13-14/GP3)
Complainant’s complaint was upheld as the broker’s failure of broker to explain the meaning of an onerous clause in policy constituted a breach of sections 2, 3(1)(a) 7 (1)(a), (b) and (c) of the GCC.
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