Discovery client ordered to repay R1.64m
A Pretoria homeowner has been ordered by the SCA to refund Discovery the R1.64m, plus other costs it paid him for a genuine storm damage and household contents insurance claim, because part of the claim related to emergency accommodation was fraudulent.
Judge Xola Petse, the Deputy President of the SCA, and Acting SCA Judge Mokgere Masipa, with Judges Halima Saldulker, Nolwazi Mabindla-Boqwana and Sharise Weiner concurring, yesterday upheld with costs Discovery’s appeal against the Gauteng High Court (Pretoria) judgment handed down in September 2021.
The court ordered Tshamunwe Masindi to refund Discovery R1 594 980.
Moneyweb reports Discovery commenced the case against Masindi on 14 December 2017.
Masindi took out insurance with Discovery during May 2016 in terms of which he insured, among other things, his residential property in Pretoria and household contents.
The policy covered repairs to Masindi’s house and damage to household contents while also making provision for alternate emergency accommodation in the event the insured property was damaged, and as a result, became uninhabitable.
A storm in November 2016 damaged Masindi’s house and household contents and also made the residence uninhabitable.
Masindi claimed for the repairs to his insured residence, compensation for damages to the household contents and reimbursement for the emergency accommodation expenses.
Discovery paid the claim in full but subsequently discovered that part of the claim relating to emergency accommodation was fraudulent.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.