DURBAN – specialist in public claims settlement Insurance Claims Africa (ICA) has endorsed the decision of the Supreme Court of Appeal of the policyholder CafÃ © Chameleon, citing the grounds of legal certainty.
Ryan Woolley, CEO of ICA, said CafÃ © Chameleon’s verdict against Guardrisk was a significant win for an industry that has suffered tremendous losses.
???? With South Africa facing a second wave of the Covid-19 pandemic, hopes of survival are dwindling for many of these companies that relied on the summer vacation to push it through by 2021. The latest statistics show that hotel occupancy in Cape Town is a staggering 18 percent. The rest of the country is in a similar position.
???? Without urgent payouts from insurers, many doors will close and many more thousands of jobs will be decimated. It’s time insurers stopped hiding behind their legal teams and honoring their customers. Expectations. We demand the immediate solution of all valid claims. said Woolley.
The Supreme Court today dismissed the appeal and ordered Guardrisk to pay CafÃ © Chameleon’s full claim and legal costs.
The ruling categorically stated that the government has imposed a lockdown in response to multiple Covid-19 outbreaks across the country and predominantly in Cape Town, where the Chameleon cafe is conducting its business that was through the infectious disease clause covered.
The ruling was also found to be strengthened by much of the reasoning in the UK Financial Conduct Authority’s test case and two recent Western Cape Supreme Court rulings: Ma-Afrika Hotels and Another v Santam and Interfax and Another v Old Mutual.
The SCA ruling was seen as a precedent for all other business interruption insurance cases that have been tried in courts across the country, as well as in the Ma-Afrika appeal against Santam.
The ICA said it again applauds the South African Financial Services Conduct Authority (FSCA) for its approach to these claims and urges them to once again assist them in requesting an immediate settlement of these claims.
CafÃ © Chameleon’s attorney, Ren Dunster, commented on the SCA’s decision and said he and his client Nico Schoeman were delighted with the verdict.
â ???? We welcome the urgency and clarity with which the judges have dealt with the matter. We are privileged to have such a strong judiciary in South Africa. said Dunster.
André Pieterse, Chairman and General Manager of Ma-Afrika Hotels, urged Santam Insurance to waive its attempt to further delay payment of claims and withdraw its appeal against the Cape High Court’s Full Bench decision, in the Santam Insurance has lost its case against Ma-Afrika Hotels.
The ICA said the tourism and hospitality sector has more than 740,000 direct and 1. 5 million indirect jobs and contributes 8. 6 percent for the South African economy.
Guardrisk Insurance Company Limited, appeal, insurance, Santam, court of appeal, insurer
World news – CA – ICA calls the decision of the SCA Café Chameleon a precedent
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