ABSTRACT

In most insurance policies it is a standard clause that an insured shall take all reasonable steps and precautions to prevent loss or damage to the insured object. In South Africa, the default position is that loss caused by an insured's negligent conduct is a risk that assumed by an insurer when issuing an insurance policy. An insurer therefore, in including such a clause in a policy, tries to exclude liability for an insured's negligence. However it is common practice for insurers to include such clauses in their policies, it remains unsettled in our law exactly when an insurer is entitled to repudiate a claim based solely on the negligence of an insured in the context of such clause. Thisresearchcriticallyexamines the meaning , scope, and impact of the insured's duty to take reasonable precautions,differentiating it from other legal ideas. It also provides examples and a detailed analysis of common law, case law and relevant legislations. In this research, it is vital to increase the light of growing the focus on consumer protection and amended Policy Holder Rules of 2017.