1. What does the liquidation mean for policyholders who have outstanding claims with saxum?

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1 Frequently Asked Questions (FAQs) 1. What does the liquidation mean for policyholders who have outstanding claims with saxum? saxum Insurance Company (saxum) is currently insolvent, which means that they do not have sufficient funds to meet their financial obligations, including the settlement of outstanding claims to policyholders. Therefore they are not currently in a position to pay out any amounts that are due to you. On Thursday, 20 October 2016, the High Court granted an application to place saxum into liquidation due to its insolvency. A liquidator will be appointed by the Master of the High Court to determine the total value of assets available to meet all of saxum s outstanding claims. The above process can take some time. Unfortunately, in the meantime, saxum will be unable to settle your claim. If any payments were to be made before the liquidator is appointed, the liquidator could possibly require you, in future, to return such payments. Regrettably there are a number of individuals and companies who are in a similar position and who are currently owed funds by saxum. The liquidator needs to ensure that all such creditors are treated equally, and that no single creditor is preferred over another. If the liquidator later discovers that certain individuals or companies were paid out in advance of the liquidation process, and some were not, the liquidator could set aside such payments. This could possibly result in further frustration and inconvenience to you. All of saxum s unpaid claims will be considered by the liquidator as part of the liquidation process. Outstanding claims will be settled to the extent that they can be, once the liquidator is able to assess the total assets available to meet total claims by creditors. In light of the above, we advise you to contact the liquidator as soon as one has been appointed. We will provide you with the details of the liquidator once we have received confirmation of the appointment. 2. I have an outstanding claim with saxum. My vehicle is currently at the panel beater. They are refusing to release my vehicle. What do I do? What do I do about panel beaters who 1

2 are threatening to sell my vehicle? They have given us the option to settle the amount directly with them and then claim back from saxum. Is this possible? Panel beaters have entered into legal agreements with saxum. In terms of these agreements, they have a legal right to hold on to vehicles if saxum has not paid them money that is owing to them. However, the FSB is currently engaging with various parties to determine how best to deal with panel beaters who are holding on to vehicles, to prevent further prejudice to policyholders. In the meantime if you are able, and wish to, pay panel beaters directly to secure the release of your vehicles, you are advised to retain proof of such payment (including proof of the original claim) in order to submit these for consideration to the liquidator. Similarly, if the panel beater is prepared to release your vehicle without payment, and you are able to get it repaired yourself, you are advised to retain proof of payment for the repairs (including proof of the original claim) in order to submit these for consideration to the liquidator. 3. When will the liquidator be appointed? How long does the liquidation procedure take? When will my claim get paid? If I submit all my documentation to the liquidator, will I definitely get my claim paid out in full? On Thursday, 20 October 2016, the High Court granted an application to place saxum into liquidation due to its insolvency. The Master of the High Court has indicated that the liquidator will be appointed on Friday,. There is no set time period for the liquidation process. It will depend on the amount of time that it will take for the liquidator to determine total value of assets available to meet all of saxum s outstanding claims. Thereafter the liquidator will have to consider each claim that is submitted individually to determine which claims get paid out, how much gets paid and by when. Therefore the liquidator will be in a better position to provide guidance on the timelines and process for the liquidation. We will provide you with the details of the liquidator as soon as one has been appointed by the Master of the High Court. 4. Who do I contact to get my claim paid? Will the FSB submit my claims documentation for me? What documents are required for me to get my claim settled by the liquidator? Will the liquidator get in touch with policyholders who have outstanding claims? 2

3 The FSB will not be able to submit your documentation to the liquidator on your behalf. You will need to contact the liquidator directly and provide all necessary documentation relating to your outstanding claim. This will include proof that your claim was accepted by saxum, including the value of the claim, and proof of any money (including excesses and/or storage costs) that you have paid towards your claim to date. We will provide you with the details of the liquidator as soon as one has been appointed by the Master of the High Court. 5. How can I ensure that my claim is prioritised so that I can get paid urgently? All of saxum s unpaid claims will be considered by the liquidator at the same time as part of the liquidation process. Outstanding claims will be settled to the extent that they can be, once the liquidator is able to assess the total assets available to meet total claims by creditors. Regrettably there are a number of individuals and companies who are in a similar position and who are currently owed funds by saxum. The liquidator needs to ensure that all such creditors are treated equally, and that no single creditor is preferred over another. If the liquidator later discovers that certain individuals or companies were paid out in advance of the liquidation process, and some were not, the liquidator could set aside such payments. Therefore your claim will be considered together with all other outstanding claims owing by saxum. 6. Why are insurance premiums still being deducted from my account if the insurer is insolvent? How can I get my premiums back if the insurer cannot settle my claims? Please contact your broker to determine if the premium deducted from your account in October was payable to saxum or a new insurer. If your premium was payable to saxum, this now forms part of saxum s insolvent estate and will be dealt with by the liquidator. If any premiums were deducted from your account after 12 October 2016, and your broker has indicated that it was payable to saxum, please send proof of such payments to the FSB urgently by ing FSB.INSSaxumQueries@FSB.co.za. 7. Why have I been asked to pay an excess if the insurer will not be settling my claim? Can I get my excess payment back? 3

4 If you made any excess payments to saxum or any of its underwriting managers after 12 October 2016, please send proof of such payments to the FSB urgently by ing 8. Does this mean that I no longer have insurance cover? How can I cancel my insurance cover with saxum? Who is my new insurer? saxum is no longer able to provide you with insurance cover. Please contact your broker urgently to ensure that you obtain suitable insurance cover from a new insurer as soon as possible. 9. Can the FSB assist with negotiating preferential rates with a new insurer? The FSB is not able to negotiate terms and rates with individual insurers. You are advised to contact your broker urgently to assist you to obtain the best possible insurance cover on the most favourable terms based on your individual needs and circumstances. 10. My vehicle has been written off but my claim has not yet been settled. I am still paying the bank the finance on my vehicle and cannot afford to buy a new one. Can the FSB resolve my issue with the bank? The FSB is not able to intervene with individual banks on your behalf. However, we are currently exploring other ways in which to assist individuals in your situation. Please send all relevant documentation to the FSB urgently by ing FSB.INSSaxumQueries@FSB.co.za. 11. Can I sue my broker to pay my claim since he advised me to place my insurance with saxum? We recommend that you obtain professional legal advice to understand your rights and options in this regard. Alternatively, you may contact the Office of the Ombud for Financial Services Providers (FAIS Ombud) for assistance. The contact details are as follows: Tel: / Fax: / info@faisombud.co.za 4

5 Website: Can I sue saxum for failing to disclose their financial situation while still accepting my insurance premiums? We recommend that you obtain professional legal advice to understand your rights and options in this regard. Please note that now that the liquidation order has been granted, all civil proceedings against saxum are suspended. 13. What is the FSB doing to protect policyholders who are affected by the liquidation? The FSB will make every endeavour to work closely with the liquidator to find the most efficient and effective way to deal with outstanding claims, in the interests of policyholders. 5