Unnoticed changes to documents crucial to BI dispute between mall owners and insurers

The contract went through 10 iterations between July 2019 and March 2020, with the term ‘infectious and contagious diseases’ variously in or out.

Farewell Caroline – Da Silva’s resignation will leave big boots to fill

All in a manner of speaking, of course. This delicate and gracious lady made a huge impact during her seven years at the FSB and later FSCA. One always felt, in dealing with […]

Farewell Caroline – Da Silva’s resignation will leave big boots to fill

All in a manner of speaking, of course. This delicate and gracious lady made a huge impact during her seven years at the FSB and later FSCA. One always felt, in dealing with […]

United Kingdom Test case on Business Interruption Claims – SA High Court ruling cited

The Without Prejudice website recently published an article, written by Christine Rodrigues and Keryn Layton-Mccann of Bowmans, on the UK’s Financial Conduct Authority (FCA) efforts to obtain legal clarity on whether insurers are […]

United Kingdom Test case on Business Interruption Claims – SA High Court ruling cited

Factors impacting on Administrative Penalties imposed by FSCA

We have in the past raised concerns about how the quantum of such fines were determined. A recent ruling by the Financial Services Tribunal provides legal clarity on the matter. Section 167(1) of […]

Contingent Business Interruption – FSCA seeks declaratory order

Further to previous publications by the Financial Sector Conduct Authority (FSCA) on the problematic issue of Contingent Business Interruption (CBI), the Authority has now published details of its letter to non-life insurers on […]

Contingent Business Interruption – FSCA seeks declaratory order

Business Interruption Claims Update – Old Mutual to offer settlement option

A Fin24 report notes that Old Mutual has joined the other major insurers who opted to either provide interim financial relief or come to a settlement agreement with their business interruption customers. The […]

Interim relief for Business Interruption claims – Insurers provide details after FSCA intervention

Decisive action by the Twin Peaks Authorities saw the hard-nosed stance by non-life insurers make way for a more practical approach to the issue of business interruption claims in the hospitality industry. On […]

UK Court case started on Monday – Outcome could influence SA insurers

A court case to decide whether many businesses receive insurance pay-outs for damage caused to them by the pandemic began on Monday, reports BBC news. Following the lockdown, a host of businesses in […]

UK Court case started on Monday – Outcome could influence SA insurers

Business Interruption Insurance update – Time barring suspended

Guardrisk to appeal judgment In the recent judgment released by the Western Cape Division of the High Court on 6 July 2020, the court found in favour of Café Chameleon CC relating to the interpretation […]

Business Interruption Insurance update – Time barring suspended

Santam publishes answering affidavit – High Court case set for 1 September

Legalbrief commented on the short-term insurer’s response to the business interruption claims case due to be heard in the Western Cape High Court on 1 September. “Santam says its clients’ assertion that Covid-19, […]

Responses to Chameleon judgement

Guardrisk and HIC reacted to the judgement by saying that it recognised the plight of business owners in the hospitality industry and the need to get clarity on Covid-19 related business interruption insurance […]

Court finds against Insurer – Lockdown did cause business interruption

The stand-off between short-term insurers and clients who had claims denied for business interruption due to Covid-19 took an interesting turn after the Cape High Court found against one insurer. The Applicant, Café […]