APRIL 2010
It seems it was just the other day when we were preparing ourselves for INDABA and here we are again just a month away from the next one!
There is little doubt that a huge focus of INDABA this year is going to be around the World Cup with almost every exhibitor focusing on what they can offer the expected thousands of visitors who are reported to be going to arrive for the tournament.
One concern we have raised in previous issues of "From the Breakfast Table" is the charges being levied by some establishments and it is the belief of Danny Jordaan, the CEO of the LOC that many are seeing the World Cup as a short term thing instead of a long term boost to tourism.
We hope he's wrong but we fear he's not.
THE COMPANIES ACT - 2010
All businesses, irrespective of size, incorporation type (Pty, CC, sole trader, etc) and industry, are required to prove risk management activity in terms of the new Companies Act. This is expected to take effect later this year on a "comply or explain" basis.
It is going to be difficult for regulators to police compliance for smaller entities, however business partners, such as banks and insurers, are likely to ask for the same information.
We have negotiated a quick, affordable, risk solution for our policyholders, which we will be made available to all BnB SURE policyholders at a discounted price.
It identifies the areas of strengths and weaknesses in the business and will assist the insured to address any aspect they wish and all data is held anonymously.
LIABILITY CLAIMS
The most difficulty liability claims to assess are those where the "injured party" alleges that he or she has slipped and as a result has injured themselves and in many cases there is a degree of trauma attached to the claim. Such a case was recently heard in the High Court in Pretoria.
A report from "Legal Brief" follows and of particular interest is the comment regarding the indemnity not being regarded in this case.
"Michael Klesh (55), the American citizen who slipped and fell during his stay at a safari lodge outside Pretoria, has lost his R12.6m damages claim against the lodge after the North Gauteng High Court found that it could not be held accountable for the accident.
The Mercury reports Klesh blamed back injuries he suffered when he slipped on the wet patio tiles on the management at the Monateng Safari Lodge. Judge Sulet Potterill said Klesh had fallen as he hurried outside to save his important papers when a sudden storm blew up. She said the incident was not due to something within the exclusive control of the defendant. The judge stated that, because of her finding that the lodge was not negligent, she did not have to rule on the issue of Klesh's having signed an indemnity form absolving the lodge of any liability."
ROAD ACCIDENT FUND AMENDMENT ACT
The Pretoria High Court has been busy in the last month or so as the other case that affects the insurance industry has been heard and that is the challenge by the Law Society and Others on the amendment to the Road Accident Fund that came into law on 1 August 2008 and which takes away the right of an injured party to sue the "wrongdoer".
Judgement has been made in favour of the RAF so this leaves us all still very confused. The right of the injured party to sue the "wrongdoer" has still been removed and many are saying that this is unconstitutional. Is there need to have passenger liability insurance or not? Certainly at this stage there still is as the act does not remove the common law right to sue the "wrongdoer" if the RAF does not pay the injured party for whatever reason. Will the Law Society and Others take this on appeal and ultimately to the Constitutional Court? Let's wait and see.
BnB SURE CLUB
The benefits to BnB SURE policyholders is increasing all the time, not just through the best policy in the insurance market but also by the numerous other benefits we have to offer through such things as our accommodation website www.bnbfinder.co.za that is becoming more successful as each day passes and has the most comprehensive listing of B&Bs and guesthouses in South Africa, but also by the benefits of the BnB SURE Club a facility where our policy holders can save money on a host of goods. We have just sent out Club Cards to all our policyholders and we encourage the use of these. As an example the National Accommodation Association has built into its fee calculator on its website the discount applicable to BnB SURE policy holders through the Club.
ELECTRONIC DOCUMENTATION
Go green with us. Many people all over the world are concerned about the environment and suddenly many, many emails are coming in suggesting that the email not be printed unless absolutely necessary in order to help the environment.
We at BnB SURE are doing our best to protect this valuable environment of ours, if not for us then for our children and our children's children and we encourage the use of an electronic system or issuing documentation and the storage of policyholders electronically.
We adopted this approach with our SASRIA endorsements and also with our 1 January 2010 endorsements and our brokers were happy with the system. That was the start so let's keep the momentum going
BRANCH OFFICES
Contact details of BnB SURE offices are:
CENTRALISED PHONE NUMBER - 0861 BnB SURE (0861 262 7873)
FAX NUMBERS
Johannesburg - Fax No. (011) 886-1725
Cape Town office - Fax No. (021) 948-3582
Durban office - Fax No. 086 685-6509
Port Elizabeth - Fax No. (041) 581-3058
Bloemfontein - Fax No. (051) 447-4088
Nelspruit - Fax No. (013) 752-4831
Branch Managers:
Cape Town - Trudy Venter
Johannesburg - Constance Sithole
Durban - Merran Johansson
Port Elizabeth - Lynne Reynold
Bloemfontein - Dalene Lemmer
Nelspruit - Marinda Welgemoed
THOUGHT FOR THE MONTH
Life's most persistent and urgent question is, "What are you doing for others?"
Martin Luther King, Jnr
“Any information or suggested structures for insurances are by way of example and based on general information rather than client specific information. Should any of these suggestions appear to be relevant it is vital that these are discussed with the specific requirements of the policyholder in mind.
Furthermore, BnB SURE cannot guarantee the accuracy of any of the information listed in any article written by a third party.”
