LML4805 Assignment 1 (DETAILED ANSWERS Semester 1 2026 - DISTINCTION GUARANTEED

LML4805 Assignment 1 (DETAILED ANSWERS Semester 1 2026 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references.. LML4805 INSURANCE LAW Assessment 01/2026 for the First Semester Available: 09/02/2026 at 08:00am Monday Submission due date: before 23:00 on 10/03/2026 (No extensions) *Compulsory submission* Follow ALL the following instructions when you attempt this Assessment: 1. Study learning unit 1 and 15 before you attempt this assignment. 2. Read Tutorial Letter with General information for all students in the school of law and follow the instructions and guidelines therein. You should also specifically follow the instructions on Ethical behaviour as a student. 3. Read Tutorial letter that contains the School of Law Referencing Guide and follow the instructions and guidelines therein. Your answers should contain references in footnotes as well as a bibliography in the prescribed and consistent style. Written answers may contain end notes instead of footnotes. (Oscola) 4. Your Assessment answer should not exceed the following page limitation: 2 (two) typed pages or 3 (three) written pages. This excludes the cover page and the bibliography. Answers in extent of the page limitation will not be marked. 5. Submit your Assessment answer online on the myUnisa module site before: 23:00 ON 10/03/2026. Ensure to submit in advance to avoid late submission and/or technical glitches. There is a distinct difference between an insurance contract, an insurance policy, a proposal form for insurance cover, and a cover note. Explain the difference between these insurance law concepts. Explain the usual application of the contra proferentem rule upon the interpretation of an insurance contract, as well as the exceptions thereto. An insured is under a duty to disclose material facts to the insurer prior to the conclusion of an insurance contract. However, this duty is not unlimited and there are several instances where, even if the facts in question are material, the insured need not disclose it. Discuss five such instances where an insured does not have a duty to disclose material facts. Good faith and insurable interest may be regarded as possible essential requirements of an insurance contract. Provide reasons why some commentators are of the view that good faith and insurable interest should not be regarded as essential requirements. Refer to relevant authority Simphiwe and her husband James are in business together as florists. Deliveries for the business are done by a vehicle owned by Simphiwe. James insured this vehicle in his own name. When the vehicle is damaged by a severe hailstorm and James lodges a claim against the insurer, the insurer refuses to pay. It contends that James had no insurable interest in the vehicle. Advise James on his legal position. What is the difference between the contra proferentem rule and the rule of interpretation favouring the insured “English law of insurance remains an important authoritative source of South African insurance law”. Comment on the correctness of this statement and support your answer with reference to relevant case law. What is the difference between the contra proferentem rule and the rule of interpretation favouring the insured Briefly set out the legal principles established or confirmed in Littlejohn v Norwich Union Fire Insurance Society 1905 TH 374 (2) in relation to insurable interest over property belonging to a spouse. Also provide a brief summary of the facts of the case Write a short note on the decision in Rand Mutual Assurance Co Ltd v Road Accident Fund 2008 (6) SA 511 (SCA) by briefly stating the decision of the Court; and critically evaluating the correctness and influence, if any, of the decision on the South African insurance law. Insurance contracts may be classified according to various criteria and these classifications are not always mutually exclusive.’ Explain whether this statement is correct, with specific reference to the classifications of ‘life insurance’, ‘long-term insurance’ and ‘non-indemnity insurance’. Also provide relevant examples to support your explanation. Sam is a renowned soccer player. As part of an advertising campaign, On Point Insurance Company provides Sam and his fellow team members with free life insurance cover, including accident insurance cover, in the amount of R500 000 for the duration of their national tour in South Africa. Sam is tragically hit by a tourist bus in Cape Town and dies as a result of his injuries. Advise Sam’s heirs on the following two issues. Firstly, whether a true contract of insurance existed between Sam and On Point Insurance Company. Secondly, whether there is any legal obligation on the On Point Insurance Company to pay the R500 000 to Sam’s deceased estate. (A reminder: Answer problem-type questions with reference to insurance law and other related legal principles, and not merely based on what you perceive to be correct/incorrect or fair/unfair.) ( here is a distinct difference between an insurance contract, an insurance policy, a proposal form for insurance cover, and a cover note. Explain the difference between these insurance law concepts. Explain the usual application of the contra proferentem rule upon the interpretation of an insurance contract, as well as the exceptions thereto. An insured is under a duty to disclose material facts to the insurer prior to the conclusion of an insurance contract. However, this duty is not unlimited and there are several instances where, even if the facts in question are material, the insured need not disclose it. Discuss five such instances where an insured does not have a duty to disclose material facts. Good faith and insurable interest may be regarded as possible essential requirements of an insurance contract. Provide reasons why some commentators are of the view that good faith and insurable interest should not be regarded as essential requirements. Refer to relevant authority Simphiwe and her husband James are in business together as florists. Deliveries for the business are done by a vehicle owned by Simphiwe. James insured this vehicle in his own name. When the vehicle is damaged by a severe hailstorm and James lodges a claim against the insurer, the insurer refuses to pay. It contends that James had no insurable interest in the vehicle. Advise James on his legal position. What is the difference between the contra proferentem rule and the rule of interpretation favouring the insured “English law of insurance remains an important authoritative source of South African insurance law”. Comment on the correctness of this statement and support your answer with reference to relevant case law. What is the difference between the contra proferentem rule and the rule of interpretation favouring the insured Briefly set out the legal principles established or confirmed in Littlejohn v Norwich Union Fire Insurance Society 1905 TH 374 (2) in relation to insurable interest over property belonging to a spouse. Also provide a brief summary of the facts of the case Write a short note on the decision in Rand Mutual Assurance Co Ltd v Road Accident Fund 2008 (6) SA 511 (SCA) by briefly stating the decision of the Court; and critically evaluating the correctness and influence, if any, of the decision on the South African insurance law. Insurance contracts may be classified according to various criteria and these classifications are not always mutually exclusive.’ Explain whether this statement is correct, with specific reference to the classifications of ‘life insurance’, ‘long-term insurance’ and ‘non-indemnity insurance’. Also provide relevant examples to support your explanation. Sam is a renowned soccer player. As part of an advertising campaign, On Point Insurance Company provides Sam and his fellow team members with free life insurance cover, including accident insurance cover, in the amount of R500 000 for the duration of their national tour in South Africa. Sam is tragically hit by a tourist bus in Cape Town and dies as a result of his injuries. Advise Sam’s heirs on the following two issues. Firstly, whether a true contract of insurance existed between Sam and On Point Insurance Company. Secondly, whether there is any legal obligation on the On Point Insurance Company to pay the R500 000 to Sam’s deceased estate. (A reminder: Answer problem-type questions with reference to insurance law and other related legal principles, and not merely based on what you perceive to be correct/incorrect or fair/unfair.) ( ( ( Read less