Banele Ginindza banele.ginindza@inl.co.za THE FLOODGATE of business insurance claims will open after Santam yesterday lost its appeal at the Supreme Court of Appeal (SCA) to pay Ma-Afrika Hotels (MAH) and Stellenbosch Kitchen for the full 18-month period of its policies during the Covid-19 lockdown regulations, which devastated the tourism and hospitality industry.
The SCA dismissed the insurer’s appeal and upheld the Western Cape High Court’s finding that Santam was liable to indemnify its clients for the full period business was interrupted due to the lockdown, bringing relief for thousands of Santam’s Hospitality and Leisure division’s Business Interruption policyholders.
In a matter dating back to last year, Santam argued that Covid-19 is not a notifiable disease. It rejected lockdown claims from Stellenbosch Kitchen and Ma-Afrika because whether or not there were…