n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - More on insurance misrepresentation, materiality, inducement and no-claim bonuses : : case comments




On general principles, it is true that an insured bears a duty correctly to represent and disclose information to the insurer prior to the conclusion of the insurance contract (see further Reinecke, Van der Merwe, Van Niekerk & Havenga op cit in par 196). It is a pre-contractual duty. Facts incorrectly represented or not disclosed may be corrected or disclosed by the insured with impunity at any stage prior to contracting.


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