Parents of woman killed by carbon monoxide at Sani Pass lodge fail in R4m life policy claim

The family of a woman who died from carbon monoxide poisoning in a shower in a Lesotho lodge have been dealt another blow.

2021-06-12 04:06:00 PM

The family of a woman who died from carbon monoxide poisoning in a shower in a Lesotho lodge have been dealt another blow.

The family of a woman who died from carbon monoxide poisoning in a shower in a Lesotho lodge have been dealt another blow.

The high court judgment said: “The fact that Discovery accepted the payment of the premium albeit from the executor or Susan’s broker and the fact that there was no indication or proof provided to either the [Church’s parents] or to the court that the final premium paid was held in a suspense account is an indication that the premium was accepted and that the policy was still in existence in line with the e-mails addressed to Susan informing her that the policy would be effective until September 30 2018.”

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But the SCA overturned the ruling and ordered the Hogans to pay Discovery's legal costs.“To sum up, Mrs Church’s policy was cancelled not for the non-payment of the premium per se but because Discovery elected to accept Mrs Church’s repudiation of the contract,” the SCA ruled.

“As correctly conceded by [the Hogans’] counsel during argument, the grace period provision cannot exclude reliance on repudiation or even a mutual agreement by the parties to cancel the policy.“It was submitted, during the course of the argument, that Discovery could not be said to have elected to accept the repudiation and cancel the policy as almost all the letters addressed to Mrs Church were automated responses generated by a computer. headtopics.com

“Discovery’s answering affidavit demystified this when it explained that the various letters were sent out by its credit department. Furthermore, each letter responded to a certain set of facts, and was under a signature by different personnel. It can therefore hardly be said that there was no human intervention in the various letters addressed to Mrs Church.”

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Parents of woman killed by carbon monoxide at Sani Pass lodge fail in R4m life policy claimThe family of a woman who died from carbon monoxide poisoning in a shower in a Lesotho lodge have been dealt another blow.

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