Insurance ombud stands by ruling in Denise Ganas claim

The ombud had ruled in Momentum's favour when Ganas first reported the matter after the insurer initially declined her claim after her husband was shot dead in a hijacking in Durban last year.

Denise Ganas. Picture: Facebook

JOHANNESBURG - The ombudsman for long-term insurance says that laws around non-disclosure need be relooked and fairness must be applied as a policy.

The ombudsman is standing by its ruling in the matter between Denise Ganas and insurance company Momentum.

Momentum had initially declined Ganas' claim after her husband was shot dead in a hijacking in Durban last year, saying he had failed to disclose his high blood sugar condition.

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The insurer later retracted its decision and agreed to pay the R2.4 million claim.

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The ombud had ruled in Momentum's favour when Ganas first reported the matter.

Deputy ombudsman Jennifer Preis said: "The law itself simply says that if you have not disclosed, what could happen is that the insurer could repudiate the policy. We go further than that and say you should reconstruct the policy. If you would have issued a policy, but on different grounds, you need to do that."

(Edited by Mihlali Ntsabo)