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Short-Term Insurance Act, 1998 (Act No. 53 of 1998)

Part VII : Business practice, policies and policyholder protection

Policies

51. Voidness of certain provisions of agreements relating to short-term policies

 

A provision of an agreement, the purport of which is that—

(a) a short-term insurer is exempted from liability for the actions, omissions or representations of a person acting on its behalf in relation to a short-term policy;
(b) the person who has entered into the short-term policy declares or admits that a person who acted on behalf of the short-term 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;
(c) the obligation of a short-term insurer under a short-term policy which constitutes personal lines business, or in relation to any other short-term policy, other than with the written consent or instruction of the insured, is dependent upon the discharging of an obligation of another person under a short-term reinsurance policy; or
(d) a person who has entered into a short-term policy, or the insured under a short-term policy, waives a right to which he or she is, by or under this Act, entitled,

shall be void.

 

 


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