Data from the Ombudsman for Short-Term Insurance (OSTI) shows that an increasing number of motor vehicle accident insurance claims are being rejected and disputed on the basis of the ‘reasonable precautions’ clause in insurance policies.
In fact, the OSTI recently found in favour of an insurer, where an expert calculated that the insured drove above the regulated speed, said George Herbst, senior associate at Barnard Attorneys.
“The OSTI correctly remarks that the insured has a duty to not act in a reckless manner and that the test for recklessness is largely a subjective test. Thus, the onus remains on the insurer to prove that recklessness, and to acquit itself of this onus, it may rely on objective evidence.” “Firstly, the insurer must ensure that the person who downloads and interprets the data is a bona fide expert and that the data extraction and methodology of arriving at conclusions about the driving behaviour of the insured, is credible and verifiable.
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