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Santam says that while there are similarities between his case and the Guardrisk case that was dismissed by the Supreme Court of Appeals, there are also material differences. Photo: Gallo Images / Jacques Stander
Santam says he will consider the SCA Supreme Court of Appeals ruling against Guardrisk and assess its potential impact on the insurer’s own appeal case.
On Thursday, the SCA dismissed Guardrisk’s appeal against the Western Cape Superior Court, which had ordered the insurer to pay Café Chameleon’s business interruption claim in July.
The court had also ordered Santam to pay his clients, Ma-Afrika Hotels and Stellenbosch Kitchen. But he announced that he would take the same route as Guardrisk and appeal the matter to the SCA.
On Friday, the nation’s largest short-term insurer said that because business interruption insurance issues are complex, there were differences between its case and Guardrisk’s to consider and it also wanted to discuss the implications of the ruling of Guardrisk with its reinsurers.
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“While there are similarities between the Café Chameleon and Guardrisk Insurance case and the Santam case in court, there are also material differences in the initial judgments handed down by the Western Cape Superior Court,” Santam said in a statement.
But for now, the fact that the insurer has requested permission to appeal its case means that the Western Cape Superior Court ruling, which said it must pay 18 months for the Ma-Afrika and Stellenbosch Kitchen losses, remains suspended, he said the insurer. .
Santam said his request for permission to appeal Ma-Afrika’s judgment was to be heard by the Western Cape Superior Court on December 8, but this did not happen because the legal team for Ma-Afrika and Stellenbosch Kitchen was not available.
Compiled by Londiwe Buthelezi
