A Western Cape resident has emerged victorious from a gruelling two-and-a-half-year legal dispute with Standard Insurance Limited, which had refused to cover the full cost of storm damage to her historic 130-year-old heritage property. The homeowner, who wished to keep her identity private, said the ordeal began on Heritage Day 2023 when fierce winds reaching 142 km/h tore sections of her bedroom roof clean off, sending roof sheets flying into a neighbour's yard an entire block away.
With rain pouring into the exposed dwelling and her historic wooden floors left in near-ruin, the insurer's assessor only arrived eight days after the initial storm. By then, a second bout of severe weather had inflicted additional interior damage. Despite these circumstances, Standard Insurance turned down the woman's claim for a full roof replacement, relying on a structural engineer's report that attributed the damage to wear and tear and termite infestation — even though the engineer never inspected the roof space and termites are not found in that region of the Western Cape.
The homeowner had also sought reimbursement for emergency roof repairs carried out while awaiting the assessor's inspection, but the insurer capped that payout at just R2 000 — a fraction of the nearly R23 000 she had spent. With the assistance of consumer law specialist Trudie Broekmann, the claimant escalated the matter to the NFO, which initially dismissed her application in October last year. She then lodged an appeal.
Judge Robert Nugent, presiding over the leave to appeal application, described the insurer's partial rejection of the claim as "incomprehensible", noting that if the roof timber were truly rotten, the entire claim should have been declined rather than only a portion. The homeowner bolstered her case with an architect's report confirming that the severe storm — not structural deterioration — was responsible for the damage. The architect stated it was "practically impossible" to leave the roof exposed, warning that incomplete repairs would create further problems and pose safety risks.
Judge Frans Malan, who adjudicated the appeal, concurred with Nugent's assessment and ruled that the woman was entitled to the full claim of R363 178.25. Standard Insurance was directed to settle the outstanding balance of R110 982.24 by 27 February this year. However, a spokesperson confirmed this week that the payment had not yet been made, with indications that the insurer may now seek to challenge the jurisdiction of the retired judges who delivered the appeal rulings.
