QUESTION 1 (Maximum word limit: 2000 words [40 marks] Mr. Max Farmington, married to Marta Farmington with two children, had two Insurance policies, one a "life policy" with OMS Mutual (valued at N$ 850 000) and the other a "work accident insurance" with Barney Insurance Co (valued at N$ 350 000). As an employee at RTS Constructions for 15 years Max Farmington was required to have his Accident Insurance with Barney Insurance Co through his company RTS Constructions that paid the premiums through deduction from his salary. RTS Construction had the habit of applying for insurance for all its workers. After 15 years in existence, RTS Construction merged with BFT Construction in 2019 to form a new company called WINDUK Constructions. The merger had to be concluded by November 2020. In the merger process, RTS and BFT Constructions who had two different Insurance habits, promised to streamline their Insurance policies after the merger and all workers of WINDUK Constructions (Pty) Ltd would be required to renew or transfer their Insurance with a new insurer called ZTX Insurance Corporation. This renewal or transfer would be helped by the company (WINDUK Constructions). On 28 December 2020 Mr. Max Farmington, alongside other workers, applied through the company for his new Insurance with ZTX Insurance Corporation. ZTX Insurance Corporation was being represented by an agent. Max Farmington received on the 28 December 2020 a cover note from the Insurer's agent and later on 10 January 2017, he received the policy. The cover note received on 28 December 2020 contained no reference to any conditions. On 5 January 2017, Max Farmington as WINDUK worker was injured and at that time the injuries were not considered to be serious and no notice was given to the Insurer until 14 March 2021. On 15 March Max Farmington died. On 27 March 2021, the employer received notice of the claim from Max Farmington's widow. This information was sent to the Insurer (ZTX Insurance) on 29 March 2021. But ZTX refused the claim on the ground that clause 2 of the policy, which required "immediate notification of any accident" had been breached by the employer. You are your companies' manager representing Max Farmington's widow. Advise Marta Farmington on the Insurance with ZTX and how likely the court might deal with such a case. Also consider the OMS Insurance policy under section 46 of The Namibian Long Term Insurance Act 5 of 1998, considering that Max Farmington's liabilities at his death exceeded his assets by N$ 200 000, and Max Farmington is survived by a spouse and two children. In your advice you may refer to decided Namibian cases and comparative law (you can use American and English or Australian/South African authorities) or other countries' laws you wish to use