Question
Cj and bj have been married out of community of property for 15 years.they lawfully conduct registered business together and jointly manage other several financial
Cj and bj have been married out of community of property for 15 years.they lawfully conduct registered business together and jointly manage other several financial project together.they however had several problems in how cu eat too much and is getting unhealthy and for this reason they decide to live separately while reconsidering whether to continue with marriage or to divorce .in January 2020 cu is hospitalized and diagnosed with heart pulmonary disease for which specialize in diets and physiotherapy are assigned on the other hand bj approaches cola brokers in February 2020 to get a life cover for cm contingent to him upon death of cj .during conclusion of agreement bj inform brokers of xola that cu had been diagnosed and was suffering from terminal condition .bj successfully manages to get a life cover of R5million payable to him with discovery insurance obtained through xola brokers while paying premium of R500 Evey months .in the wake of covid 19 cj gets infected and because of her Predisposed health condition she succumb to virus and passes on .bj approaches discovery insurance to claim for amount payable upon cj death in terms of their agreement .discovery insurance denies to pay out claim on basis that cj was suffering from a terminally known and diagnosed condition which contributed to her inability to fight the virus.discovery insurance alleges terminal condition of cu had not been disclosed to them in terms of correct notes they received from xola brokers made during conclusion of agreement .furthermore discovery insurance alleges that bj does not meet criteria of insurable interest in order to successfully claim this. Refer to case law and relevant authority to help bj
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