SCA rules on BI indemnity period
On 7 October 2021, the Supreme Court of Appeal of South Africa (SCA) finally handed down its judgement to ‘cement’ legal certainty on the indemnity period applicable to pandemic-related contingent business interruption (CBI) covers underwritten by Santam. The judgement in Santam Limited v Ma-Afrika Hotels (Pty) Ltd & Another ended a months-long legal wrangle that first had to establish what constituted a valid claim under CBI covers issued by Santam’s Hospitality & Leisure division, and then determine the indemnity period that applied.