Repudiation (noun): ‘When an Insurer rejects a claim or refuses to honour the contract / policy’

Repudiation (noun): 'When an Insurer rejects a claim or refuses to honour the contract / policy'

Trusted Outcomes

With over R100 Million secured for clients so far, Repudiation SA stands as your unwavering ally in taking on the challenge against insurance companies or brokers on your behalf when your claim has been rejected.

How can we help?

Click on any number below to view our process

Claim Arises

The date your claim arises is called the “date of loss” or “date of illness/injury” in the insurance world.

This date is important because you have a specific time frame to notify your insurer.

It’s recommended you let your insurer know about the pending claim as soon as possible, even if it takes time to gather all the information. Preferably, do this in writing by email.

Claim Submission

You would need to complete claim forms and submit any supporting documents required as specified by your insurer. Once submitted, the insurer will register your claim and provide a claim number.

Your claim will then be reviewed and potentially assessed. An investigator may be appointed in this process. Once all steps are complete, a report with a recommendation will be submitted to the technician/underwriter.

If the recommendation isn’t in your favour, the insurer will notify you of the claim rejection in writing.

Claim Rejection

Should your claim be rejected, the insurer’s communication will include the following:

  • Formal Notification of Rejection
  • The Reasons for Rejections
  • The process you can follow if you are dissatisfied with the outcome.

Claim Mediation - Where Expertise Meets Fairness

In the realm of conflict and disputes, sometimes, the voice of reason can make all the difference. Our team of seasoned legal and insurance experts step in to enhance the strength and credibility of your claim against the Insurer.

Through skilled negotiation, we strive to achieve fair, just and equitable resolutions, sparing you the frustration of prolonged courtroom battles. In this process, an impartial Third Party will hear both sides of the dispute and offer advice, suggestions and guidance so as to allow the parties to reach a mutual agreement, if possible.

Claims Arbitration - Elevating Resolution to a Higher Standard

When mediation reaches an impasse, we escalate the proceedings to a more structured approach: arbitration.

Here, under the guidance of an impartial adjudicator, both parties present their arguments, and the adjudicator makes their final ruling on the matter. This ruling is binding on the parties, however, may be subsequently challenged or reviewed.

Leveraging our extensive expertise in both the legal and insurance industry, we lead this process to achieve a favourable outcome, fostering closure and reconciliation.

Litigation: Your Shield in the Legal Arena

As a last resort, we stand unwaveringly by your side, ready to champion your cause in the courtroom.

With a team of top-tier legal professionals, we navigate the complexities of litigation, tirelessly advocating for your rights until justice prevails. Rest assured; your case is in capable hands as we pursue a decisive resolution.

Depending on the complexity of the matter, this may take anything between 18 to 36 months, before final ruling on the matter.

How can we help?

Tell us about your claim.

Big insurance companies make their policies deliberately vague and confusing, to speed up their claims process. However, with our expertise, we will be able to find a way to dispute the rejection of your insurance claim.

If you believe your claim was wrongfully rejected, kindly fill in this form and one of our expert insurance claims consultants will get back to you as soon as possible.

If you believe your claim was wrongfully rejected, kindly fill in this form and one of our expert insurance claims consultants will get back to you as soon as possible.

1 Personal Details
2 Claim Details
3 Policy Details
What statement describes your situation best
Policy Schedule, Policy Wording, Corrospondence with the Broker / Insurer, Letter from insurer rejecting claim
keyboard_arrow_leftPrevious
Nextkeyboard_arrow_right
FormCraft - WordPress form builder

Success stories

Life Insurance Claim Dispute

R23.5 million

Claim Value

+/- 4 months

Duration

Senior Advocate

Legal Representation

20 page

Legal letter

Our client faced a significant challenge when a large Insurer claimed their father’s life insurance policy had lapsed due to missed payments, despite the insurer previously accepting late premiums.

Repudiation SA intervened, drafting a comprehensive 20-page letter with the advice of a Senior Advocate, and successfully secured a full payout of 23.5 million Rand in just 4 months.

Property insurance claim

R500k - R1m

Claim Value

Full claim settled out of court

Settlement

Senior Advocate

Legal Representation

Unspecified

Resolution Timeframe

The client operated a successful sporting goods store, with stock values fluctuating between R500,000 to R1,000,000. Understanding the importance of protecting their assets, they ensured regular updates to their insurance policy to reflect changes in stock value.

After suffering significant losses due to an unforeseen incident, the client filed a claim through their broker, expecting to leverage their diligently maintained insurance coverage. However, they encountered resistance from the insurer, who was reluctant to recognize the full extent of the claim.

Vehicle Insurance Claim Due to Alleged Road Unworthiness

High mileage, depreciation

Deductions Applied

Retail vs. market value

Valuation Types Contested

R200 000

Claim Value

Full value claim at market value adjusted for deductions

Outcome

A vehicle owner’s claim was fully repudiated due to alleged tire issues.

Repudiation SA successfully challenged this, demonstrating the vehicle’s proper servicing and tire condition.

Ultimately, they secured a full payout of R200 000 for the client, adjusted for mileage and depreciation.

Property Insurance Claim

Storm damage, alleged poor construction

Damage Causes

Direct communication with Insurer

Resolution Method

Durban North

Location

Full wall repair

Outcome

Homeowners in Durban North faced repudiation from their insurance company, citing poor workmanship for storm damage.

Repudiation SA countered this by providing expert reports and evidence, successfully convincing the insurer to fully repair the damaged wall without issuing summons.

Vehicle Damage Claim Involving a Golf GTI

Summons issued and defended

Legal Stages

Full payment and engine replacement

Outcome

Second-hand, prior repair

Vehicle Condition

1.5 years

Duration

The owner of a second-hand Golf GTI faced a repudiation claim after the vehicle suffered undercarriage damage.

The insurer alleged intentional damage.

Repudiation SA fought this claim in the Magistrates Court, eventually leading to a full payment and engine replacement before trial.

Ongoing Case: Personal Injury Claim

R75 million

Coverage Amount

Back injury with alleged non-disclosure

Claim Issue

Material non-disclosure

Insurance Stance

Doctor admitted error

Medical Report

The client in this case faces a challenging situation with a R75 million cover at stake.

The insurance company repudiated her claim for a back injury, citing material non-disclosure, despite a doctor admitting an error in the report.

Repudiation SA is actively working to resolve this complex matter, advocating for the client’s lack of knowledge regarding the non-disclosure.

Success stories

Let us be your voice.

Rejected insurance and medical aid claims don’t have to be a one-sided process. 

Although insurance companies keep repudiation rates private, it is estimated that there are over R1,2 billion worth of rejected claims each year. Many of those claims could be won by an insurance claims expert.

Let us go to bat for you, and we’ll ensure the best possible outcome when your insurance refuses to pay out. 

Resources

You have the right to inform yourself. 

WHAT IS REPUDIATION OF CLAIM?

Repudiation in insurance claims refers to the rejection by insurers to pay a claim. The rejection is related to a specific reason such as non-adherence to a warranty or condition in your contract of insurance or non-disclosure. Essentially, repudiation occurs when one party refuses to honour a contract with another party.

Most insurance policies require the insured to report/submit an insurance claim within a certain number of days. Failure to adhere to these requirements may result in a rejection of a valid claim. It is crucial to understand and adhere to the requirements of the policy.

If an insurance claim is rejected by an insurer or if the claim amount awarded is lower than the expense being sought to be covered under the policy, the aggrieved policyholder is required to first file a complaint with the insurer concerned before approaching an ombudsman or seeking legal advice in the matter.

While the reasons for insurers rejecting claims vary from insurance policy to insurance policy and the types of cover, there are basic insurance terms and conditions that apply across the board: 

  1. The duty to provide sufficient and accurate information;
  2. The duty to adhere to any warranties on the policy; 
  3. The duty to keep up with premiums; 
  4. The duty to submit a claim timeously and 
  5. The duty to adhere to the correct claim procedure

Your failure to meet the aforementioned terms and conditions will no doubt lead to your claims being rejected.

When submitting a claim, the claims consultant will guide you on what information and documentation is needed to process the claim, depending on the event which led to the claim. However, the typical requirements include: 

  • The original policy documents, claim forms and the policy number;
  • You are to provide full details of the incident, this includes the date and time of the incident, names, addresses, telephone numbers, driver’s licence and licence plate numbers of all people involved;
  • Damage reports, photographs, videos (if any), statements, proof of ownership, quotations; 
  • Certificates of death issued by home affairs, hospital certificates and records, comprehensive medical reports, and assessments. 

If you have provided inaccurate information to your insurer or you have failed to disclose material information and facts at the inception of your policy, it may result in an unsuccessful claim later on. An insurer uses the information provided by the insured to determine the risk profile and the subsequent rate based on the profile as well as additional premiums, exclusions, or warranties of the policy.  If the insurer discovers that inaccurate or incomplete information was provided about you, or anyone insured on your plan or that you have failed to disclose material information and facts they may reduce your claim or decline your claim entirely.

You need to have had cover at the time of the claim event. If you are without cover, it could be a result of not having paid your premiums on time, or your benefit having ended. When you miss a premium payment, a grace period may usually apply (depending on the terms of your policy), which can give you a bit more time to pay your premium before your cover lapses. It is imperative that you check when each benefit’s end date is, after which it will no longer provide cover.

If you claim for something from your insurance that is indicated to be excluded in your policy documents, your claim will be declined, as an exclusion means that you do not have cover for that condition or event. An example is a medical exclusion on death, disability or dreaded disease benefits that were placed on your policy.

When taking out an insurance, it is important for the insurance company to establish that you have an insurable interest in the property. In other words, you would have to provide sufficient evidence to show that you would stand to suffer a direct financial loss if there is a claim. An insurance company may not cover the property if you are not directly responsible for it. For example, if your house is damaged by a fire, the value of your house will be reduced, and whether you pay to rebuild the house or sell it at a reduced price, you will suffer a financial loss resulting from the fire. The insured bears the responsibility of proving that an insurable interest exists.