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

Part VIII : Provisions relating to Lloyd’s

59. Claims against Lloyd's underwriters

 

(1) Any claim against any Lloyd’s underwriter under a South African short-term insurance policy shall be cognisable by any competent court in the Republic.

 

(2) In any action or other proceedings instituted under subsection (1), the Lloyd’s representative may be cited, in the name of his or her office, as nominal defendant or respondent, and the summons or application commencing the proceedings may be served on him or her.

 

(3) The Lloyd’s representative may institute and conduct any proceedings in a competent court in the Republic as nominal plaintiff or applicant on behalf of Lloyd’s underwriters in relation to South African short-term insurance policies.

 

(4) Where the Lloyd’s representative is cited as a nominal party, the true party may, at any time before or after judgement, be substituted—
(a) with the leave of the Court; or
(b) on production to the Authority of the High Court or clerk of the magistrate’s court, as the case may be, of an affidavit setting out the true parties and their normal citation, if a copy has previously been furnished to the other party.

 

 


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