Jerrier v Outsurance Insurance Company Limited [2015] 3 All SA 701 (KZP)

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Peer-Reviewed Research

Abstract:

As shown by the author in an earlier case note, (Church ‘Jerrier v Outsurance Insurance Company Ltd The duty to disclose: An ongoing problem?’ 2013 De Jure 859), the case of Jerrier v Outsurance Insurance Company Ltd (2013 JDR 0562 (KZP) (Jerrier a quo)) highlights the fact that the duty to disclose is still problematic. A concern highlighted in the note, was the fact, as a result of this decision, that short term insurers believed the judgment to mean that consumers are obliged to report to their insurers every minor incident, such as driving through a pothole or a scratch on their car, even where they elect not to lodge a claim for the resultant damage – failing which, their insurance claims might be rejected. This interpretation, in the opinion of the author was incorrect (an opinion now vindicated by the court of appeal).