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SCA ruling finds woman liable to pay damages for falsel

Appeal court throws out insurer s Covid-19 business interruption case

Staff Reporter > By Staff Reporter - 17 December 2020 - 15:05 The view from Cafe Chameleon, which has won a Supreme Court of Appeal victory over its business interruption claim with insurer Guardrisk. Image: Facebook/Cafe Chameleon The first business interruption case to reach the Supreme Court of Appeal has ended in defeat for the insurance company that tried to avoid paying out when its client lost money during the Covid-19 lockdown. Guardrisk appealed after the Cape Town high court said it must compensate Cafe Chameleon, in Plattekloof, for revenue lost as a result of the lockdown. The high court ruling was handed down in June and has been followed by several others which all came to the same conclusion about several insurers refusal to pay business interruption claims.

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

The SCA’s Guardrisk ruling on Thursday could open the way for billions of rand more in pandemic-related claims against the country’s short-term insurers, which have either paid out interim relief on certain Covid-19 business interruption insurance claims or opted not to pay-out until there is legal certainty on the issue. It is unclear whether Guardrisk or other short-term insurers that may lose such appeals, will take the matter all the way to the Constitutional Court. However, Café Chameleon’s owner Nico Schoeman has pleaded for the case to be finalised at the SCA, telling Moneyweb previously that the highest court for commercial matters in South Africa is the SCA.

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