COVID-19 and Event Cancellation

ARTICLE BY

SHARE THIS POST

The Insurance Implications

From music concerts to sporting events and conferences, all organisations are facing the cancellation or postponement of events for the foreseeable future as a result of the Covid-19 pandemic and hard lockdowns in place across the globe. Even once the lockdown is uplifted, events will not be business as usual for some time. The COVID-19 pandemic clearly illustrates the need for event cancellation insurance for when the truly unexpected happens, and life and events simply cannot go on as usual. 

Jonathan Lindeque, Senior Client Manager: Sports, Recreation & Entertainment at Aon South Africa, says understanding what type of event cancellation cover is available and how it will respond in different scenarios is key to mitigating even the most unusual risks to the success of your event.  It’s here where the advice and experience of a specialist broker versed in the unique and interrelated risks facing the entertainment and hospitality industries proves invaluable.    

“Due to the Covid-19 outbreak, many major events across the globe such as the Olympic Games Tokyo 2020 was postponed to July 2021 for the first time in its history, along with events such as Wimbledon, various Grand Prix races, the Football Premier League and music events. Major events will have insurance cover in place for abandonment and postponement, with the industry placing a tentative estimate of US$3 billion in claims as a direct result of postponement,” says Jonathan. 

However, many smaller events are not necessarily insured for event cancellation. 

“From a South African perspective, the Safety at Sports and Recreational Events Act (SASREA) firmly places the responsibility on all parties involved in an event to ensure safety at events. This means that every event held in South Africa should have events liability insurance in place, as a bare minimum in addition to practising health and safety duties. However, this would only cover the organisers and sponsors of an event for legal liability relating to safety at the event, while event cancellation and postponement would not be covered unless it is taken as an additional cover,” explains Jonathan. 

“We often find that some events organisers take the bare minimum of liability cover purely as a tick-box exercise to cover them in terms of an industry standard and regulation where it exists, rather than looking holistically at every potential risk to their event going ahead at all. While the Covid-19 pandemic may be a black swan event, realistically there are many more common risks that could result in the cancellation or postponement of an event, and requires that organisers take a closer look at the scope of their event insurance cover,” he adds. 

Venue owners, event organisers and sponsors will typically take event cancellation cover to protect their investment in the non-recoverable costs and expenses related to organising and staging an event, such as promotional material, staff costs, merchandising, advertising, supplier bookings and so on. The cover can also be geared to cover the loss of income if an event is cancelled or interrupted and would cover ticket cancellation costs, for example. 

Communicable disease cover through the lens of event cancellation insurance

In COVID-19, an Initial Insurance Market Impact Assessment of the Pandemic released by Aon’s Reinsurance Solutions Team, it states that a typical event cancellation and abandonment policy is an All Risks policy with several standard exclusions of which ‘Communicable Disease” (CD) is one. For a claim to be valid, the cancellation needs to be ‘necessary’ and beyond the control of the insured. CD is dealt with generally in three different ways: 

  1. On smaller policies and most binders, it is excluded entirely.
  2. For medium-size risks, CD is sometimes offered as a buyback. When this happens, the exclusion is typically left in and a ‘notwithstanding the CD exclusion’ endorsement is added to the policy – which means that it will provide cover for an actual event relating to CD occurring, but not for ‘fear or threat’ of it potentially occurring.  In other words, if an event is cancelled by an organiser due to concerns of a potential threat, they would not be covered. But if an event is cancelled as a result of a regulated lockdown, they would be covered. 
  3. For large global events and comprehensive policies, the CD exclusion is completely removed, providing cover for actual confirmed CD perils, as well as for fear and threat of a CD. 

According to Hugo Raymond who leads up Aon’s Contingency Reinsurance team, many events have not been cancelled outright, but rather postponed.  “This will produce a lesser claim amount when, and more importantly, If the events are staged. On average, approximately 10-20% of an insurer’s portfolio of event cancellation business will have CD coverage.” 

“Many loss notifications received prior to the South African lockdown being implemented were not covered as they were not deemed as ‘unavoidable or necessary’, but rather responding to fear or threat of the Coronavirus. Since the lockdown has been implemented, the position regarding fear and threat has changed as our government ordered the cancellation of all events and gatherings. This will now produce claims as this is an ordered lockdown, and we expect these claims to be substantial,” says Hugo.   

Larger, more established reinsurance writers of event cancellation will be hit hardest as they have the most exposure. “Currently the primary reinsurance market is looking to exclude all CD, not just COVID-19, from its policy wording. Going forward, this may well mean that primary CD cover will need to be placed separately as an extension to the primary cover. It is, however, too early to tell how the insurance market will evolve as the impact of the pandemic continues to unfold over the coming months,” says Hugo. 

Where to from here?

“While the signs were certainly there, no one could have accurately predicted the timing or consequences of a global pandemic. Those that have taken event cancellation and postponement cover will certainly benefit under their current insurance policy benefits.  Event cancellation cover for communicable diseases will be very hard to find in future, however it will most likely be at a dramatically increased rate, if offered, while policy renewals are also likely to come under intense scrutiny. Cover for the current COVID-19 will not be possible, at all,” explains Jonathan.

While event cancellation insurance is often considered a grudge purchase, its importance and relevance has been thrown into sharp focus following the Covid-19 pandemic.

“The reality is that even with the best planning and risk management measures in place, there will always be the potential for something that is entirely unexpected and beyond human control that could go wrong at an event – and in this case it is happening on an unprecedented global scale.  Considering that the events and hospitality industries employ an enormous number of SMEs, the need for sound, expert insurance advice and guidance to protect businesses from catastrophic losses has never been more crucial in weighing up the risks to your balance sheet, reputation and business sustainability in times of crisis,” concludes Jonathan. 

Subscriber Terms and Conditions

  1. APPLICATION OF TERMS
    • These terms and conditions (“Subscriber Terms”) apply to the subscription by any qualifying member of the South African Underwriting Managers Association NPC (“SAUMA”) to the services and benefits offered by FIA Services (Pty) Ltd (“FIA Services”) under the SAUMA affiliation arrangement (“Subscription”).

  2. NATURE OF SUBSCRIPTION
    • A Subscription under this arrangement:
      • does not constitute membership of FIA NPC;
      • does not confer any voting rights or governance participation in FIA NPC; and
      • is governed solely by the contractual relationship between the Subscriber and FIA Services.

  1. ELIGIBILITY
    • To qualify for the Subscription, the applicant must, at the time of application, be a current paid-up member of SAUMA.
    • FIA Services will verify the applicant’s SAUMA membership status with SAUMA prior to activation, and may re-verify such status periodically.
    • If a Subscriber ceases to be a paid-up member of SAUMA, the Subscription will correspondingly be terminated.
    • Applicants are required to authorise FIA Services to confirm their SAUMA membership status with SAUMA as part of the application process.

  1. SERVICES
    • The Subscription entitles the Subscriber to the following benefits:
      • Complimentary access to the FIA CPD Platform;
      • Complimentary access to the FIA Insight Magazine (digital edition);
      • Advertising opportunities on FIA platforms at a discounted rate of 15% (fifteen percent) off the prevailing published rates; and
      • Invitations to attend FIA Technical Webinars annually.
    • FIA Services reserves the right to update, vary or substitute the Services from time to time, provided that the overall value and nature of the benefits remain materially the same.

  1. FEES AND PAYMENT
    • The monthly subscription fee is R260.00 (two hundred and sixty rand) for up to seven registered individuals (Key Individuals and Representatives), and R36.00 (thirty-six rand) per additional registered individual thereafter, excluding VAT.
    • The Subscriber shall provide FIA Services with the required details of each individual to be registered under the Subscription for the purposes of activation and billing.
    • All fees are exclusive of VAT, which shall be charged at the prevailing statutory rate.
    • Subscription fees are reviewed annually in March and may be adjusted with effect from 1 April.
    • Any changes to the Subscription, including but not limited to the number of Representatives and Key Individuals registered under the Subscription, may only be effected once annually during the annual review period in March of each year, with such changes taking effect from 1 April.
    • Subscription fees shall be billed monthly in arrears, unless the Subscriber elects an annual billing cycle at the time of application.
    • The Subscriber shall ensure that all billing information (including contact details, authorised signatories and bank account details) is kept accurate and up to date.
    • Non-payment of subscription fees may result in suspension of access to the Services until such fees are brought up to date.
    • The Subscriber acknowledges and agrees that all subscription fees payable under these Subscriber Terms may be collected by way of debit order, which shall be processed by the holding company, FIA NPC (The Financial Intermediary Association of South Africa), on behalf of FIA Services. Payment to FIA NPC shall be deemed to constitute valid and sufficient discharge of the Subscriber’s payment obligations to FIA Services under these Subscriber Terms.

  1. ONBOARDING
    • Onboarding will be conducted as a Subscription with FIA Services under the SAUMA affiliation arrangement.
    • Onboarding will not confer FIA NPC membership status or any associated rights.
    • Onboarding is conditional on confirmation of the Subscriber’s current SAUMA membership at the time of application

  1. DATA PROTECTION
    • FIA Services will process all personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) as set out in our POPIA policies.
    • By subscribing, the Subscriber authorises FIA Services to confirm their SAUMA membership status with SAUMA and to process personal information for the purposes of fulfilling the Subscription.

  1. TERMINATION
    • The Subscriber may terminate the Subscription by giving FIA Services one calendar month’s written notice.
    • FIA Services may terminate the Subscription on one calendar month’s written notice, or immediately if the Subscriber breaches these Subscriber Terms and fails to remedy such breach within 14 (fourteen) days of receiving written notice.
    • Termination of the SAUMA–FIA Services affiliation agreement shall not automatically terminate these Subscriber Terms.
    • Termination by the Subscriber shall not relieve the Subscriber of liability for any subscription fees accrued up to the effective date of termination.
    • FIA Services may suspend or terminate the Subscription with immediate effect in the event of non-payment of fees by the Subscriber.

  1. GENERAL
    • These Subscriber Terms are governed by the laws of the Republic of South Africa.
    • Any disputes arising under these Subscriber Terms shall be dealt with in accordance with the dispute resolution provisions contained in the FIA NPC membership terms and conditions, as modified to reflect that the contractual relationship is with FIA Services.
    • Any notices required under these Subscriber Terms may be validly delivered by email to the addresses provided in the Subscriber’s application form, and such notices shall be deemed received on the day of transmission if sent during business hours.
    • The Subscriber may not assign, cede or transfer any of its rights or obligations under these Subscriber Terms without the prior written consent of FIA Services.
    • No variation of these Subscriber Terms shall be of any force or effect unless reduced to writing and signed by both FIA Services and the Subscriber.