| 7.1 |
A provision of a policy is void to the extent that it provides expressly or by implication— |
| (a) |
that in connection with any claim made under the policy, the policyholder or claimant may be obliged to undergo a polygraph, lie detector or truth verification test, or any other similar test or procedure which is furnished or made available by the insurer or any other person in terms of an arrangement with the insurer and which is conducted under the control of the insurer or such other person; |
| (b) |
for an inducement of any nature for a policyholder or claimant to voluntarily agree to undergo a test or procedure envisaged in paragraph (a); |
| (c) |
that where a policyholder or claimant under other circumstances than those contemplated in paragraph (b) voluntarily agrees to undergo a test or procedure envisaged in paragraph (a) of this rule, and the policyholder or claimant fails to pass such a test, the claim will be repudiated or the policy will become void merely as a result of such failure to pass the test or procedure; |
| (d) |
that in the event of any dispute arising under the policy, the dispute can only be resolved by means of arbitration; |
| (e) |
that an insurer may repudiate a claim because a premium was not paid on the due date, if payment was made during a period referred to in rule 15A.1, whether or not the payment was made prior to the event giving rise to the claim. |
| (f) |
that an insurer is exempted from liability for the actions, omissions or representations of a person acting on its behalf in relation to a policy; |
| (g) |
that the person who has entered into the policy declares or admits that a person who acted on behalf of the insurer in connection with an offer of that person to do so, or with the negotiations preceding the entering into it, was in fact appointed to act on behalf of the first-mentioned person; |
| (h) |
that the obligation of an insurer under a policy is dependent upon the discharging of an obligation of another person under a reinsurance policy; or |
| (i) |
that a person who has entered into a policy, or the life insured under a policy, waives a right to which such person is entitled, by or under the Act. |
[Rule 7.1 substituted by rule 6(e) of Notice No. 997, GG 41928, dated 28 September 2018]
| 7.2 |
Rule 7.1(d) shall not be construed as rendering void a provision of a policy that the parties may, after a dispute under the policy has arisen, voluntarily agree to submit the dispute to arbitration or, in the absence of such a provision, as voiding any agreement between the parties to that effect. |
7.3 Validity of contracts
| 7.3.1 |
A policy is not void merely because a provision of a law, including a provision of the Act or the Insurance Act, has been contravened or not complied with in connection with that policy. |
| 7.3.2 |
If a person has entered into a policy with an insurer who was, in terms of the Act or the Insurance Act, prohibited from entering or not authorised to enter into the policy, or with another person who is not an insurer but who has in terms of a policy undertaken an obligation as insurer, that person, by notice in writing to such insurer or other person, or the Authority by notice to such insurer or other person and on the official web site, may cancel the policy, whereupon that person shall be deemed to be in the same legal position in respect of such insurer or other person as if the policy had been cancelled by that person on account of a breach of contract by such insurer or other person |
[Rule 7.3 inserted by rule 6(f) of Notice No. 997, GG 41928, dated 28 September 2018]
Statistics Act, 1999
