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Guardrisk vs Café Chameleon: what it means for the rest of the industry

8 July 2020 7:09 PM
Tags:
Guardrisk Insurance
Cafe Chameleon
PJ Veldhuizen
Ren Dunster

Lawyer PJ Veldhuizen says Judge Le Grange's judgment will be precedent-setting until it goes on appeal.

The Western Cape High Court has ruled that Guardrisk must pay out business interruption claims of Cape Town restaurant, Cafe Chameleon.

Judge Andre Le Grange said Guardrisk was liable to pay Cafe Chameleon's claim for losses suffered when the lockdown began on 27 March.

Bruce Whitfield on The Money show speaks to PJ Veldhuizen, managing director at Gillian and Veldhuizen Incorporated, to help us understand how important the judgment is in the battle against the insurance industry, which is resisting as much as it possibly can paying claims on business interruption policies.

I think it is too early for champagne but it is first blood to the insured. Judge Le Grange is a senior judge in our division and his judgment will be precedent-setting until it goes on appeal.

PJ Veldhuizen, Managing director - Gillian and Veldhuizen Incorporated

He said the matter was urgent, he restated the position of the Supreme Court of Appeal...on how contracts must be interpreted.

PJ Veldhuizen, Managing director - Gillian and Veldhuizen Incorporated

What one has to show is that the event caused the loss, that is structural causation.

PJ Veldhuizen, Managing director - Gillian and Veldhuizen Incorporated

Ren Dunster, a partner at Dunsters Attorneys who represented Cafe Chameleon says it is a lot of debate about what a notifiable disease is.

The simple question is: Is there a complete difference between losses suffered because of government intervention or because of losses you would have suffered there was a virus in your area?

Ren Dunster, Partner - Dunsters Attorneys

Listen below for the full interviews...


8 July 2020 7:09 PM
Tags:
Guardrisk Insurance
Cafe Chameleon
PJ Veldhuizen
Ren Dunster

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