n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - A confusion of third parties in insurance law :

Volume 24, Issue 4
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



Apart from the insurer and the insured, third persons are often involved with the insurance contract. Sometimes their involvement is such that, strictly speaking, they are third parties to the contract. This involvement may be the result either of some contractual arrangement or other, or of a particular statutory measure. Examples of third persons include, on either side, an intermediary, cessionary or assignee; on the insurer's side, a reinsurer; or on the insured's side, a beneficiary or a third-party insured. When more than one third party is involved, in different capacities, things may become tricky and confusion likely. This is nicely illustrated by the decision in ((A5052/2010) 2012 ZAGPJHC 87 (8 May 2012)).

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