n Tydskrif vir die Suid-Afrikaanse Reg - When is a contract one of insurance? Or, is an insurance contract without a premium possible? : regspraak

Volume 2005, Issue 3
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



Say a bond agreement provides that "[the mortgagor] hereby declares that the advantages of life insurance that in terms of this loan covers the amount owed, have been fully explained to [him], and that [he has] chosen to accept this cover". Does such a provision make the lender (mortgagee) the life insurer of the borrower (mortgagor)? Secondly, and let us assume for the moment that such a provision does indeed constitute a life insurance contract between the mortgagor and the mortgagee, what happens if they fail to agree on a premium payable in terms of the contract? These were the crisp questions in 2004 6 SA 178 (SCA).

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