Abstract
This minor dissertation explores the duty of insurers to conduct reasonable searches
on prospective policyholders and its implications under the Protection of Personal
Information Act 4 of 2013. The insurance industry has long grappled with issues
surrounding pre-contractual disclosure, with the duty of disclosure traditionally resting
on policyholders. However, in light of technological advancements and access to large
amounts of data, this dissertation investigates whether the onus should shift to
insurers to elicit pertinent information and conduct reasonable searches on
prospective policyholders in the context of disclosures, taking into consideration the
requirements of the Protection of Personal Information Act. The dissertation argues in
favour of rebalancing the scales, placing a greater obligation on insurers to elicit
material information. A comparative analysis is conducted between South Africa and
the United Kingdom, with the focus being on recommending legal reform for South
Africa. The approach in the United Kingdom, which introduced proportionate remedies
and amended the standard of care in respect of misrepresentation and non-disclosure
cases, is examined as a potential model for reform. The research is also aimed at
contributing to the ongoing discussion on the transformation of the insurance industry
particularly in the context of misrepresentation and non-disclosures, technological
advancements and the role of the insurer.