The Citizen (KZN)

Guardrisk to appeal ruling

REASON: INSURANCE COMPANY’S MOVE IS TO GET ‘CERTAINTY FOR INDUSTRY, POLICYHOLD­ERS’

- Suren Naidoo

Café Chameleon lawyer confident of being successful in case.

Guardrisk – the shortterm insurance subsidiary of JSE-listed financial services giant Momentum Metropolit­an – has confirmed it will be appealing the Western Cape High Court ruling that it must pay out a business interrupti­on insurance claim to local restaurant Café Chameleon.

This follows the Cape Town establishm­ent successful­ly securing at declarator­y order against Guardrisk in a landmark victory in late June for non-payment of a claim linked to the Covid-19 pandemic.

“After careful considerat­ion, we have decided to approach the court for leave to appeal the judgment. It is important that we do so in order to obtain certainty for the industry, our business and for our policyhold­ers going forward,”

Guardrisk said in a statement.

“The issues we are grappling with, as highlighte­d by the court proceeding­s, are not confined to Guardrisk, or even to South Africa, as is evident by the extent of litigation around the same issues currently occurring in the USA, UK, Europe, and Australia.”

“We are in continuous consultati­on with the relevant authoritie­s to ensure that we deal with claimants and all policyhold­ers fairly.

This appeal process is likely to be lengthy and as stated, Guardrisk is committed, via HIC, our appointed underwriti­ng manager and its brokers, to implement relief measures that will enable policyhold­ers to weather this challengin­g time,” it added.

Guardrisk’s move and statement comes despite the Financial Sector Conduct Authority (FSCA) last week issuing a strongly worded statement saying that the national lockdown (to initially curb the spread of Covid-19) cannot be used by any insurer as grounds to reject a claim related to business interrupti­on insurance policies that have infectious disease cover.

“The devastatio­n that the Covid-19 pandemic and the lockdown regulation­s have and continue to wreak on us as a society is unpreceden­ted,” Guardrisk noted in its latest statement.

“The extraordin­ary scale of the economic fallout in SA resulting from this, has reaffirmed that we, as Guardrisk, have an important role to play in helping people to navigate through this difficult time,” the group added.

“As such, we have been exploring avenues to provide support to businesses in the tourism and hospitalit­y sector to help keep their doors open.

“We are continuing this process to implement measures of support and we will communicat­e these to our policyhold­ers as soon as possible,” it said.

Responding to Guardrisk’s decision to appeal the judgment, Café Chameleon’s lawyer Ren Dunster of Dunster Attorneys said: “I think everyone is presuming that leave to appeal will be granted because of its [the case’s] significan­ce, but the reality is that this is a solid judgment.”

 ?? Picture: Supplied ?? DECLARATOR­Y ORDER. Café Chameleon restaurant in Cape Town.
Picture: Supplied DECLARATOR­Y ORDER. Café Chameleon restaurant in Cape Town.

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