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Andy M

1 reviews | Active since Oct 2017

04 Oct 2017, 13:35

The Watchdog is both blind and toothless. ***/17D

The industry "watchdog" is blind, toothless and on the end of a leash held by the insurers. We lodged a claim with Standard Bank Insurance Brokers for a collapsed boundary wall which they refused to accept. This seems to be normal routine for SBI - if you are insured with them you are not covered ! They claim that the wall was not built to regulations. They know that the normal man in the street doesn't know the regulations nor will they go thru the extreme hassles of contesting the ruling. Hence the creation of the Ombudsman. Don't hold your breath... I am a mechanical engineer and I called in civil engineers to asses the wall after it had collapsed so they were able to see the actual construction of the wall. The were on site three times. Their conclusion was that, although the wall was built prior to the promulgation of the current regulations, the wall did in fact comply. It was also clear that the "assessor" had made serious errors in her report which is what SBI based their rejection on. Interestingly the person that signed the assessment was never on site. Their report refers to a collapsed wall, but the wall only collapsed four months after the assessment. A wall falls into the category of a retaining wall if it retains soil of 1.8m or more. So the assessor report said it retained 1.8m of soil (surprise !), when in fact it retained only 1m of soil. The report said it was 2.3m high which is correct. But then according to them the height of the wall was only 0.5m or knee high on the inside. Their own pictures show that the wall was at least shoulder high ! The wall comp**** with retaining wall regulations although it was not a retaining wall ! I sent all the relevant documents to SBI who confirmed rejection of the claim. So all the reports were submitted to OSTI. They sent them to SBI who rep**** that the wall doesn't comply with regulations. They forwarded SBI's response to me. I sent all the relevant info and comments to OSTI again who forwarded it to SBI for comments. They rep**** again that the claim was rejected because the wall didn't comply and there was excavation (which hadn't been mentioned before) which is not covered. OSTI then rep**** to me that they agreed with SBI and that the file was closed. Really ?? Both SBI and OSTI simply ignored the facts. I invited both to come and see the rebuilt wall (at an own cost of R200 000) and of course they refused. All OSTI did was be a post conduit between SBI and us and made no meaningful contribution whatsoever. So approaching OSTI to resolving complaints "fairly, efficiently and impartially " is not going to happen and is a waste of time. I don't know if they even read the documents I submitted. If they did then they are guilty of incompetence, ignorance or collusion - or all three. Really sad ! What is the man in the street supposed to do to get fairly treated ? The insurers know that ordinary folk cannot afford the legal fees, time and battles to get a fair deal, so they reject claims out of hand never intending to honor them when they enter into the insurance contract. And the industry "policeman" is a mouse.

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Replies (8)
Ombudsman for Short Term Insurance
Ombudsman for Short Term Insurance's reply05 Oct 2017, 15:59
Official

Dear Mr Morris

I am advised that the matter is being reviewed following your correspondence of 15 September 2017. You and your attorney were advised of this is an e-mail of 28 September 2018.

Further advices will follow in due course in that regard.

We also point out that our decisions are not based on whim or anything else, but the facts and evidence presented by the respective parties, and the applicable law. We do not make up our own facts or the law on which the decisions are based.

Lastly, we remind you that you have agreed to be bound by our Terms of Reference and that frivolous or vexatious conduct may result in the withdrawal of our services.

Yours faithfully

Peter Nkhuna

Senior Assistant Ombudsman

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Andy M's update09 Oct 2017, 08:15
Reviewer Update
Dear Mr Nkhuna Thank you for your response. I would like to comment on several points in your reply. Firstly it has taken a letter from my attorney to get your attention. My email after OSTI's summation and "closing of the file" to refer the case to a higher authority was ignored. Secondly it is quite clear that the facts that I presented to OSTI on three occasions were either ignored or the correspondence was not even read. Thirdly there is nothing that I have done or said in my dealings with SBI or OSTI that cannot be corroborated by following the trail of this case. Lastly I still wait in eager anticipation for OSTI's service mandate of "fairness, efficiency and impartiality" to come to the fore. Yours faithfully, Andy Morris
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Andy M's update21 Oct 2017, 09:11
Reviewer Update
Dear Mr Nkunha I am not sure if you are still active on this matter, seeing it has been over 2 weeks since your last reply. I would like to point out that the original complaint was sent to OSTI on 18 May 2017. This is more than FIVE MONTHS ago ! This is not that complicated. It is almost a YEAR ago that I fist contacted my "broker" about this serious situation, and as yet there is no closure in sight. Am I to understand that this is representative of OSTI's "efficiency" goal ??
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Andy M's update04 Mar 2018, 08:22
Reviewer Update
Good day Mr Nkhuna. I see there is no response to the above posted 4 months ago. I take it this site is monitored ? On Dec 9 2017 I sent a registered letter (ref RC ********** 78ZA) directly to the Ombudsman Ms D Wood explaining the facts of this case, which so far have been ignored by OSTI. Need I say there has been no response to this letter either....
Ombudsman for Short Term Insurance
Ombudsman for Short Term Insurance's reply13 Mar 2018, 12:10
Official

Dear Mr Morris

We have no record of your correspondence dated 9 December 2017. Please forward the correspondence to the following email address: *** and quote your file reference number.


Yours faithfully
Ayanda Mazwi
Senior Assistant Ombudsman

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Andy M's update15 Mar 2018, 11:39
Reviewer Update
Dear Mr Mazwi Thank you for your interest. For your information the above referenced registered letter addressed to Ms D Wood personally was collected at the Braamfontein post office by one K Nuvhenda ID # ********** 866086. I would be interested to know if this person is an OSTI employee and if so why there is no record of this letter as you claim. I will certainly email a copy of the letter to the address given and would like your assurance that is will be handed to Ms Wood directly. Regards, Andy Morris
Ombudsman for Short Term Insurance
Ombudsman for Short Term Insurance's reply15 Mar 2018, 14:56
Official

Dear Mr Morris

We do not have anybody by the name of Nuvhenda employed in this office.

Your matter will be dealt with accordingly as we have now received your email.

Ayanda Mazwi
Senior Assistant Ombudsman

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Andy M's update19 Mar 2018, 13:49
Reviewer Update
The reply I wrote has mysteriously disappeared. I repeat: So OSTI has a person collections their mail that doesn’t work for the organization ? Why am I not surprised ? I wait in keen anticipation for Ms Wood’s reply to the correspondence I sent her hoping that she does in fact receive it and the rest pertaining to this case. However I will not be holding my breath...