In an
earlier publication we discussed the decision that was
passed by the Western Cape Division of the High Court in the matter
of Café Chameleon v Guardrisk Insurance Company
Limited, which concluded that the Business Interruption
insurance policy taken out by the insured did indeed respond to the
COVID-19 lockdown and subsequently ordered the insurer to indemnify
the insured in accordance with terms of the business interruption
policy in question.
A new judgement was delivered by a full bench of the Western
Cape Division of the High Court on 1 September 2020 in the matter
of Ma-Afrika Hotels (Proprietary) Limited v Santam
Limited, confirming the decision of the Western Cape High
Court in the Café Chameleon decision and upholding
the insureds claim for indemnity under its Business Insurance
Policy with the insurer.
