Thursday, 20 June, 2024
HomeMedico-LegalDiscovery now takes fight against R25m payout to SCA

Discovery now takes fight against R25m payout to SCA

Discovery Life is not giving up in its fight against forking out R25m to a former policy-holder deemed unable to work as a stockbroker, and has now escalated the matter to the Supreme Court of Appeal.

The company told New24 it was taking the matter to the SCA after the Gauteng High Court dismissed its application to appeal its payout judgment.

The former policy-holder is challenging Discovery'’s failure to pay out his claim for his “capital disability benefit” policy, which covered him in the event of permanent disability. Since the 2014 death of his girlfriend while they were holidaying in Mauritius, and his subsequent arrest for her murder, before being tried and acquitted, he has suffered from health issues, including “a combination of post-traumatic stress disorder and bipolar mood disorder”.

He returned to South Africa in March 2016, receiving medical attention in Pietermaritzburg.

But Discovery Life rejected his claim, saying his policy had expired in November 2015.

However, the High Court said it was satisfied that the man had been disabled by this date, adding that Discovery Life had no right to reject his claim for a payout without investigating his condition at the time.

Discovery Life previously argued that the High Court ruling would negatively affect the insurance industry.

On Thursday, it said it maintained its position:

Marc Martini, the lawyer representing the man, told News24 he had issued Discovery Life with a letter of demand for payment. He had given them until Friday to settle the payment, to which they responded by saying they would approach the SCA.


Discovery Life heads to SCA for leave to appeal High Court order to pay man R25 million (Open access)


See more from MedicalBrief archives:


Court dismisses Discovery’s application to appeal R25m ‘disability’ ruling


Discovery Life to appeal R25m payment for ‘disability’


Discovery issues rebuttal of inquiry finding of racial discrimination






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