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UPDATE: COVID-19 CBI CLAIMS

01 July 2021  |  from Santam

Santam today issued an urgent request to policyholder with valid CBI claims registered to submit the large amount of supporting information where it remains outstanding. The deadline for submission is 31 August 2021, after which claims will be forfeited.

Santam also discusses other important matters, including the Supreme Court indemnity period appeal.  Read more here.

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Santam granted leave to appeal indemnity period ruling

26 February 2021  |  from Santam

On Monday, 22 February 2021, the Western Cape High Court granted Santam leave to appeal the indemnity period ruling in the case between our company and Ma-Afrika Hotels and The Stellenbosch Kitchen.

Read Santam's press release here. 

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Santam H&L agrees to 3-month interim payments for CBI claims  

10 February 2021  |  from Santam

Santam today announced that H&L policies with the same wording as Ma-Afrika will be offered a three-month interim payment as an alternative to the full and final settlement communicated earlier, in the ongoing matter of contingent business interruptions claims.

Santam also provided further updates about proof of disease in the radius.

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Santam responds to the various CBI issues raised in the media

25 January 2021  |  from Santam

Following Santam’s announcement on 4 January about the start of assessments of Contingent Business Interruptions (CBI) claims in the Hospitality & Leisure division, a number of CBI questions continue to be raised in the media.

See Santam's responses to commonly raised issues here. 

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SANTAM H&L CLAIMS ASSESSMENT Q&A AND EXPLAINER SERIES

14 January 2021

Santam issued a Q&A and Explainer Series following their CBI webinar, which provides information about the CBI claims assessment process. Their aim is to provide policyholders with as much information as possible. 

The Explainer Series addresses several questions which Santam have received or anticipated from policyholders.

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Bryte reassessment of qualifying CBI claims

13 January 2021 | by Bryte Insurance

Bryte today announced that they have begun revisiting the assessment of CBI claims, which fall under the notifiable disease clause and have a radius requirement, that were submitted last year. This is being done with a view to consider settlement of all qualifying claims under their Wine, Dine & Leisure; Boutique Stay; Tours & Transfers; and Takaful Cuisine Participation Agreement policies. 

This does not affect BnBSure policies which has different policy benefits and wordings. Bryte has been settling valid BnBSure Covid-19 related claims in accordance with the BnBSure policy terms and conditions since the start of the pandemic in South Africa.

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Santam H&L CBI claims Q & A

05 January 2021 | by Olive Insurance Brokers

Santam yesterday announced that it will commence the process for assessing claims for H&L policies with CBI extensions. Detailed here are anticipated questions and answers related to this process.

Despite Santam's promise and efforts to significantly increase CBI claims processing capacity, Olive Insurance Brokers is anticipating a claims handling bottleneck due to the volume and complexity of CBI claims. We therefore strongly recommend that our clients study the information provided carefully, prepare and collate the necessary information urgently, and submit it all as a well-collated information pack as soon as possible.  This will greatly assist in getting "front-of-cue" claims treatment and reduce delays as far as possible.

Santam H&L
CBI Claims Q&A

SANTAM COMMENCES PROCESS FOR SETTLEMENT OF H&L CBI CLAIMS IMPACTED BY RECENT JUDGMENTS

04 January 2021 | by Olive Insurance Brokers

Santam announced today that it will commence the process for assessing claims for H&L policies with Contingent Business Interruption (CBI) extensions.

Read the
Santam Release

Massive Covid-19 blow for insurers: Guardrisk loses Supreme Court appeal

From MoneyWeb | Suren Naidoo | 17 Dec 2020

Guardrisk Insurance has lost its appeal against a Western Cape High Court judgment on the Covid-19 business interruption insurance case involving Café Chameleon. The Supreme Court of Appeal (SCA) on Thursday morning, dismissed Guardrisk’s appeal case with costs, in the latest victory for the Cape Town restaurant.

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Tourism in ICU:  Covid-19 impact

Carte Blanche | MNet | 06-12-20: 
In late March, room service came to a sudden halt, leisurely night drives through the bush abruptly ended, tourists were turned away and the gates of every hotel and game reserve closed – indefinitely. The months wore on and the tourism industry began to shed thousands of jobs and billions of Rands in revenue. Now the borders have been re-opened, inviting international tourists to come back to South Africa, but as COVID-19 continues to wreak havoc, can the lifeblood of the economy be resuscitated? Carte Blanche investigates. 

Santam's Contingent Business Interruption (CBI) legal process explained.

26 November 2020

Santam has compiled some explainer documents to provide more information about the key issues that have emerged in the recent court process, and in relation to Contingent Business Interruption claims. Their aim is to provide you with as much information as possible.

Santam says that the decision to appeal the ruling in the case of Ma-Afrika was not taken lightly. They say that they know the situation faced by so many remains dire, and Santam will aim to ensure the appeal is heard as soon as possible.

What was the Court’s finding? Why is Santam appealing the
judgment? What is the impact of an
appeal on my claim? Why is the role of
reinsurers important? What process will I need
to follow to quantify a claim
when it becomes payable?

Santam further suspends the running of certain time periods in Covid-19 CBI claims

29 October 2020 - Olive Insurance Brokers

Santam has issued a communication extending the suspension of the running of certain time periods, including prescription periods to the end of February 2021.

Santam previously  communicated on 14 July 2020 and 23 July 2020 to the effect that the running of certain time periods is suspended up until the end of October, after which the running of those periods would have resumed. Considering that most of the contingent business interruptions legal cases are currently still pending in the courts, it would have meant that Santam clients with repudiated business interruption claims would have needed to institute legal action against the insurer to cause a suspension of the running of prescription periods.

Important to note is that this only applies to Santam.  Each insurer will have their own rules, and policyholders are well advised to ask their brokers about this, to make sure your interests in relation to contingent business interruprion claims remain protected.

Read the Santam
communication here
 Prescription Periods
Explained

Protecting yourself and your business against Cyber fraud

Business owners and individuals are well-advised to take proper precaution against Cyber criminals, and to buy insurance protection against this risk to avoid financial losses. Read more.

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OPUS4Business is the official Tourism and Hospitality COVID-19 compliance app

The app is the quick, easy and paperless way for tourism establishments to record compliance with industry protocols and seamlessly manage the required health screening of all persons entering an establishment.

Scam Alert: Vehicle Theft

We've been made aware of a scam to steal vehicles and we'd like to share some important information on how it works.

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Santam H&L announces R1 billion relief plan

Santam announced an urgent relief payment initiative of up to R1 billion for policyholders in the hospitality, leisure and non-essential retail services industries who have the Contingent Business Interruption (CBI) extension in their policy.

Santam
Letter
 FAQ

Bryte announces interim relief to selected hospitality clients with CBI cover

We provide the letter shared with us on Sunday, 26 July 2020, and a Frequently Asked Questions document. Bryte estimates that this latest relief effort could benefit more than 600 small businesses.

Bryte
Letter
 FAQ

The FSCA provides guidance instructions to insurers regarding CBI claim payments

The Financial Sector Conduct Authority issued instructions to insurance companies in South Africa in relation to the payment of claims for Covid-19 related Contingent Business Interruptions claims.

18/06/2020 09/07/2020 24/07/2020

Santam & H&L extends reporting deadlines of Covid-19 CBI claims

Santam announces the extention, and a final opportunity to notify a business interruption claim under the Contingent Business Interruptions extentions in relation to Covid-19 realted claims.

14/07/2020 15/07/2020 23/07/2020

Webinar - Tshwane Tourism Association - Business Interruptions Claims 

Contigent Business Interruption insurance, and the non-payment of Covid-19 related claims by major insurance companies in South Africa. 02 July 2020.

Watch 
Video

Court Judgement - Cafe Chameleon vs Guardrisk in regards to CBI claims payment

On 26 June 2020, the Western Cape High Court ruled in favour of the policyholder Cafe Chameleon against Guardrisk Insurance Company, in the matter of a Covid-19 related Contingent Business Interruption claim.  Read the full judgement here.

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Your insurance policy - what to look out for when your restaurant remains closed

If a business chooses not to open because it would not be financially viable under the new COVID-19 risk-adjusted lockdown restrictions, what would the implications be regarding insurance cover?

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Santam refunds 20% of vehicle premiums to assist clients

Santam today announced it will refund 20% of vehicle premiums paid in April for all its Personal Lines and Commercial Lines clients.

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Demystifying Business Interruptions insurance.

Owners and operators of establishments have been turning to their insurance companies for assistance, to claim compensation for the loss of income due to COVID-19 related travel restrictions and lockdown – often to their disappointment.  In this article, we will attempt to demystify Business Interruption insurance. 
.

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The media may be calling it an “act of God”, but what does the law say about force majeure and COVID-19?

The law attempts to make provision where a force majeure causes a contract to become impossible to perform. This article will look at whether COVID-19 triggers a force majeure clause. 

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Bryte's 3-month premium relief
for Hospitality clients

In response to the servere financial consequences of the COVID-19 pandemic, Bryte's hospitality clients now have the option of delaying their premiums, and paying back their premiums over a stipulated period of time. Read more. 

Bryte
Memo

COVID-19
Business interruptions insurance

The impact of COVID-19 on the hospitality industry is already visible. The Bryte BnBSure, Boutique Stay, Wine Dine & Leisure, and Tours & Transfer policies all provide some cover for loss of bookings, but only in very specific circumstances. Read More.

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COVID-19
General exclusion notice

Bryte Insurance Company's approach to new requests for cover: - The covers and extensions requested will be provided subject to a policy level general exclusion in regards to COVID-19. Read more.

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Liability insurance
a must for hospitality

A guest trips and falls in a toilet cubicle due to a step not being clearly
marked. She sustains severe injuries and sues.  What happens now...?

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It's finally official!
Here is the full travel advisory for travelling with minors to SA

International minors travelling to South Africa no longer require Unabridged Birth Certificates or consent letters when travelling with their parents. 

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more

Bryte Newsletter

Product/Policy Changes and All Things Hospitality

 August 2019
 December 2019