n Without Prejudice - Interrupting statutory prescription : the law

Volume 10, Issue 11
  • ISSN : 1681-178X



While it seems clear that referring an insurance complaint to the Ombuds for Short-term Insurance or for Long-term Insurance interrupts a contractual time barring provision, there seems to be some uncertainty as to whether statutory prescription (prescription in terms of the Prescription Act, 1969) is suspended while a complaint against an insurer is with the Ombuds. From a careful reading of the applicable legislation, statutory prescription clearly is interrupted for the period the dispute is in the hands of the Ombuds.

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