South Africa’s courts charged with untangling the business interruption riddle
The highly charged question of whether business interruption (BI) insurance will pay-out due to a national lockdown has spilled over from the Western Cape High Court into the court of public opinion. On 26 June 2020, the court ruled in the matter between Café Chameleon CC and Guardrisk Insurance Company. It determined, or so the consumer media has written, that insurers must recognise lockdown as a trigger to pay-out claims against BI insurance policies with infectious diseases extensions. The court’s decision was soon followed by an apparently abrasive media release from the Financial Sector Conduct Authority (FSCA), which was widely picked up by the media to lambaste insurers.