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

Policyholder Protection Rules

Part III : Details of Disclosure

8. Consequences of non-compliance

 

8.1) Where a policyholder considers that a provision of this Part has been contravened or not complied with by any insurance party involved in a policy held by him or her, such policyholder may lodge a written complaint to the insurance party involved and, if such complaint is not resolved to the satisfaction of the policyholder, to the Authority: Provided that the aforegoing provisions of this rule shall with the necessary changes also apply to any insurer, independent intermediary, representative or any other interested member of the public who or which considers that any provision of this Part has in connection with any policy and in any particular case been contravened or not complied with.

 

8.2) The Authority shall, on receipt of any such complaint, require the insurance party involved by written notice to provide the Authority within a period determined by the Authority with a full reply to the complaint.

 

8.3)
a) The Authority may, whether an inspection has been carried out or not, and where a breach of these Rules has been established to the Authority's satisfaction, after informing the insurance party or parties involved of the intention so to act and affording them a reasonable opportunity to respond thereto, by written notice require any insurance party involved to take particular corrective steps in accordance with a specified timetable, and the Authority may take any other step in connection with the breach which is available to the Authority in law.
b) An insurance party involved to which a notice contemplated in rule 8.2 or paragraph (a) of rule 8.3 has been directed, shall within the period determined by the Authority in the notice, or within any extended period determined by the Authority on written application by the party, comply with the requirements stated in the relevant notice.

 

 


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