The Citizen (Gauteng)

Lockdown ‘no excuse’

INSURERS: REGULATOR LAMBASTS INDUSTRY FOR AVOIDING PAYING CLAIMS

- Suren Naidoo Moneyweb

FSCA’s comments come in the wake of Café Chameleon landmark victory.

The Financial Sector Conduct Authority (FSCA) has clarified its position on the hot-button issue of business interrupti­on insurance policies that have infectious disease cover, saying the lockdown aimed at curbing the spread of Covid-19 cannot be used by any insurer as grounds to reject a claim.

In a strongly-worded statement, the financial regulator added that it “is concerned about the behaviour of some insurers who are deliberate­ly avoiding paying business interrupti­on claims where no grounds exist to do so.”

The FSCA’s comments come in the wake of a recent landmark victory in the Western Cape High Court. Cape Town restaurant Café Chameleon successful­ly secured a declarator­y order against Guardrisk Insurance, part of JSE-listed Momentum Metropolit­an, for non-payment of a claim linked to the Covid-19 pandemic.

Noting the case, the regulator said: “This judgment is in line with our communicat­ion and with what the FSCA has been communicat­ing to the insurance industry subsequent to the issuance of its communicat­ion. Based on this judgment and in an attempt to avoid protracted litigation on further aspects of business interrupti­on insurance cover such as quantum, the FSCA is engaging with the insurance industry in the interests of all affected policyhold­ers.”

Café Chameleon is one of hundreds of smaller tourism and hospitalit­y establishm­ents countrywid­e that have cried foul over short-term insurers refusing to pay or delaying payments on policies that have extensions covering diseases.

“Such conduct [by insurers] goes against the principles of treating customers fairly and breaks down confidence and trust in the insurance sector,” the FSCA declared.

The watchdog said it has communicat­ed this to insurers and “will take action against those that do not treat customers fairly”.

“One of the key principles underlying the Twin Peaks reforms is that of treating customers fairly, where products are designed to meet customers’ needs; are sold in such a way that customers understand what they are buying; and unfair barriers such as fine print or unfair proof of claims are not put in the way of customers exercising their rights in terms of those policies,” it noted.

“The FSCA expressed its concern to the short-term insurance industry when this matter first arose and engaged with the sector to resolve it. The FSCA formalised its concern in the form of a [industry] communicat­ion that focused on specific aspects of business interrupti­on insurance cover [communicat­ion 34 of 2020],” it said.

“This communicat­ion followed complaints relating to delays experience­d by policyhold­ers in the processing of business interrupti­on insurance claims.”

As part of this process, the regulator assessed different wordings of such policies of the various insurers and issued guidelines [communicat­ion 34 of 2020] for insurers.

“While the FSCA acknowledg­es that business interrupti­on claims are complex, insurers that have policy wordings which fall under the (1) radius and notificati­on, (2) radius; and (3) notifiable diseases categories must, when they have received all relevant documentat­ion from a policyhold­er, not delay the payment of any claim provided policyhold­ers are able to prove the requiremen­ts highlighte­d,” the FSCA noted.

It also pointed out that the Covid-19 lockdown could not be regarded as a trigger event for such claims.

“Based on the informatio­n analysed to date, the FSCA found that although it could not find evidence that the lockdown could be a trigger for a valid business interrupti­on insurance cover claim, policyhold­ers are able to claim in instances where they can show they have satisfied the requiremen­ts of their specific policy, whether it was before, during or after the national lockdown.”

The FSCA added: “In other words, the national lockdown cannot be used by any insurer as a ground to reject a claim.”

 ?? Picture: Moneyweb ?? WARNED. The financial sector watchdog says it will take action against insurers that don’t treat customers fairly.
Picture: Moneyweb WARNED. The financial sector watchdog says it will take action against insurers that don’t treat customers fairly.

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