n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Two recent Supreme Court of Appeal decisions on the common-law and contractual consequences of fraudulent insurance claims : case comments

Volume 18, Issue 4
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



Extracted from text ... Two Recent Supreme Court of Appeal Decisions on the Common-Law and Contractual Consequences of Fraudulent Insurance Claims WENETTE JACOBS University of South Africa 1 Introduction This note concerns the different types of fraudulent insurance claim, namely fabricated claims, exaggerated claims and valid insurance claims enforced by fraudulent means; the divergent approaches by English and Roman-Dutch law; and the continued legal uncertainty in South African law as regards the common-law and contractual consequences of fraudulent insurance claims. This uncertainty culminated in two recent decisions by the Supreme Court Appeal. They provide the necessary framework for further analysis: fi rstly, SA Eagle ..

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