n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Remedies for misrepresentation inducing a long-term insurance contract : the Didcott principle : analyses
|Article Title||Remedies for misrepresentation inducing a long-term insurance contract : the Didcott principle : analyses|
|© Publisher:||Juta Law Publishing|
|Journal||SA Mercantile Law Journal = SA Tydskrif vir Handelsreg|
|Publication Date||Jan 2009|
|Pages||387 - 395|
In 1991 Didcott J (as he then was) recommended that the existing insurance legislation should be amended to provide that an insurer could cancel a policy on the grounds of misrepresentation or breach of warranty only if it would not have entered into the contract had it not been misled by the insured (see Pillay v South African Life Assurance Co Ltd 1991 (1) SA 363 (D)). He suggested that if the insurer would have contracted on different terms if it had not been misled, alternative remedies should be made available to the insurer. This is what is meant by the Didcott principle.
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