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THIS TOURISM WEEK Number 72 - Friday 21 September, 2007 Brought to you By BnB Sure
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Legal Liability Or Moral Obligation? |
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Want the BarefootBenefit? There’s more at the end of this message. And, just so’s you know - This Tourism Week is PROUDLY BAREFOOT AND FULLY SOUTH AFRICAN
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| Who Knew? Insurance does pose some interesting questions. Like the question of whether insurers should cover our legal or our moral obligations.
I learned this recently when I met the guys from BnB SURE. I remembered that mail I sent out some years ago (B&B Liable For Stolen Goods - Part 1 here and Part 2 here) and the torrent of replies I received - so I thought I’d share with you something that was written by BnB Sure’s Dave Jack: “The question of whether a person can be held liable following an incident is one that comes under the spotlight over and over again and is often not clearly understood. “The perfect example is the strong and stable tree that’s blown over onto a neighbour’s building in a ferocious storm. Let’s say that there were no indications beforehand that the tree was in danger of falling over and that an examination after the crash showed that there was no way anybody could have known it would fall: it was perfectly healthy before the event. “So - is there any legal liability on the part of the owner of the tree? And should she feel very sorry for the owner of the building next door - and feel obligated to do something to help? “This is a question that’s faced the insurance industry for years. Clearly there was no legal liability. But the properly-insured owner of the tree wants to see compensation made to the ‘damaged’ party - and, understandably, gets hugely upset when her insurer tries to explain that, because there was no liability on her part, her policy won’t respond to her generous offer to the injured party. “Similar scenarios often turn up in the hospitality industry and can be particularly damaging to owners of small properties such as B&Bs and guest houses. “Injury to a guest, the theft of a guest’s property or even food poisoning should all be dealt with in the liability section of your policy - but all of these things are dependent on whether or not your establishment was, in fact, legally liable in each case. “You cannot assume that the establishment is automatically liable if a guest falls out of his bath or if goods are stolen from his room. For liability to exist, your establishment must be proved to have been negligent. “Hosts may sometimes feel tempted to assure injured parties that their claims will be settled - but insurers cannot be bound by these undertakings. The right to deal with such claims lies squarely with the insurer, and owners of guest houses, hotels or B&Bs are not at liberty to make decisions on behalf of their insurers. “Not only are your insurers entitled to deal with claims at their own discretion - they are also far better qualified to decide what action to take when claims arise. “Most liability policies provide for the costs of legal defence, and with fees escalating all the time, it’s best to make sure that yours provides adequate cover in this department too. “The old days of R50,000 being enough are passed. “As a hospitality property owner, your duty is to provide your insurer with as many facts about the incident as possible. The more forthright and candid you are in the information you provide, the better your insurer will be able to assess the claim. “Remember - liability insurance is specifically designed to protect a person or establishment against claims from ‘injured’ people. Seen in practical terms, your insurer steps into your shoes when dealing with such claims on your behalf - but the insurer is entitled to exercise its own discretion in deciding which claims it will settle and which claims it will resist and defend.” |
| BnB SURE |
| BnB SURE is the largest insurer of B&Bs and guesthouses in South Africa and is the only insurer in the country that focuses specifically on this one sector of the tourism industry.
BnB SURE’S policy is “live” - which means that it changes as the needs of the industry change - and it remains the only policy in South Africa that has been developed in conjunction with the industry it serves. It offers many types of cover that have been designed specifically in response to industry requests. BnB SURE is underwritten by Zurich Insurance Co., with liabilities of up to R100 m underwritten at Lloyds. It’s only available through your broker - but you’ll find all the information you need at http://www.bnbsure.co.za/. BnB SURE is South Africa’s leader in insurance for B&Bs and guesthouses and is an Authorised Financial Services Provider. Looking for a B&B or guesthouse? Visit http://www.bnbfinder.co.za/ |
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