Author: mangs
Healthcare placement agencies and Locum agencies in South Africa face claims arising from the provision of professional services by locums and medical professional they place at the various health care facilities.
As a placement agency you need medical malpractice and professional indemnity to cover you from placement risks. Your health care professionals / nurses also need insurance in their own capacity as they are not employees of the hospital or the agency.
Your responsibility as a placement agency is to place the best medical professionals at the hospitals, that require their services. However, as an agency you are not in a position to provide direct supervision of the individuals you are placing. That’s why you need to vet them correctly.
You can avoid incorrect placement risk by answering the following questions:
Does the applicant have a current and valid registration with the Health Professional Council or South African Nursing Council?
Is the position aligned with their qualification and experience?
Have you checked their references?
Have you done a criminal record check?
Do you get regular feedback on their performance?
Do your medical professionals keep up with the latest trends?
Do your medical professionals fulfil the Continuous Development requirements?
Do you ensure that the nurses/ medical professionals have their own individual medical malpractice and professional indemnity insurance?
Mistakes happen, even to the best clinicians. However, many of them do not have their own individual malpractice liability insurance which can be crippling to their financial wellbeing and careers and can have the same detrimental effect on the placement agency who placed them.
The coronavirus pandemic has had potentially destructive consequences for countries in the developing world, especially those struggling with insecurity. The question of whether COVID-19 has a dramatic effect on crime and conflict in 2021 may be too soon to tell, but the long-term implications of unemployment growth combined with a reduction in real incomes is expected to engender social, economic and political upheaval, which will benefit organized crime and enable armed groups seeking to exploit sources of tension, increase recruitment and win popular support.







One of the most foundational principles insurance is built upon is the principle of indemnity. Indemnity means that the Insurer will endeavour as far as possible to put you back in the position you were before an insured incident occurred.
This can happen in various forms which is either to repair damage, replace damaged or stolen items or settle the value of the items in cash. It is usually at the Insurers as to which method of indemnity they will grant, but this decision is based on various factors which include:
- the cost and availability of expertise to repair an item
- the cost and availability of the same or similar item to replace the item
- the progression of technology and product advancement to provide a similar product or item to the one lost or damaged.
This becomes especially tricky with one of the foundational legal principles of insurance, which is betterment, as this principle means that one should not gain through an insurance contract but be put back in a neutral position, as it were, prior to the insured incident. Due to product development and the pace of technological enhancements this principle often becomes difficult to apply as so many products have been enhanced in functionality and operation within a 5-year period that replacing an item almost always becomes considered as betterment.
When I then consider the insurance value of my house, I need to consider what it would cost to rebuild my house, and not just what I might owe the bank on my home loan or mortgage agreement. In addition, I need to also remember that any real estate agent would be concentrated on the value my house will sell for on the property market, which is also not completely indicative of the rebuilding costs.
Lizelle Truter, Specialist Claims Manager at MUA, recommends that the reinstatement cost needs to take into account the cost per square meter to rebuild the dwelling as it currently stands, with the same fixtures and finishing. It should also include an additional 10% of cost (approximation) to allow for things such as demolition, rubble removal, architects and engineer’s fees.
A useful guide to consult is the Africa Property & Construction Cost Guide which is published annually by AECOM (Pty) Ltd.
With vehicles however, value is relative and has been debated for so long, due to the immediate depreciation factor and drop from retail to market value. It has also caused much debate about the correct insurance value a vehicle should be insured for, especially when most new vehicles are purchased on finance arrangements at the retail value.
Thankfully, the discretion lies with the Insurer, especially when that Insurer is a customer centric focussed business and considers the impact to their client with as much care as the impact to their business. For this reason, MUA have provided an enhanced optional benefit in the Executive Policy.
This means that if I purchase a vehicle new from a dealership, I arrange my insurance with MUA with the New for Old option and within the first 3 years of owning the vehicle an insured event happens which causes either:
- the vehicle to be stolen or hijacked and not recovered; or
- damaged and it is deemed uneconomical to repair
MUA will either replace my vehicle with a new one of the same or similar make and model or pay the cost of purchasing a new vehicle of the same make and model. The value of the new vehicle, however, is limited to the same value of the original vehicle I purchased or at reasonable retail value.
After the first year of owning a vehicle I am unlikely to be offered the same value I paid for my vehicle by a dealership which is why the replacement vehicle then would be a reasonable retail value. This means that the value is a published value and determined using the Auto Dealer’s Guide as published in the month the damage or loss occurred.
Used with permission from MUA Insurance Acceptances (Pty) Ltd
When insuring valuable items, or a collection of items, we do not always have or know the correct monetary value off-hand. We make a best estimate but if we really had to sit down and make a list and check prices in detail, or if we take an item to a professional valuator, we often find that the value is different from what we thought.
We have also often heard how many people are generally underinsured – much of this is because they provide a best estimate of the value of their items to their broker instead of performing a detailed valuation of the cost of their belongings.
In addition, there is a difference between how much an item is worth and what the item would cost to replace. This is generally the other biggest cause for underinsurance.
Let us also consider another scenario that may lead to an underinsured position: if, for example, at the time that you took out your policy through a Maple Group broker, you had a three bedroom house and it was fully furnished, but now, five years later, you have added an additional two bedrooms with furniture and you then suffer a loss, the cost to replace all your household contents can be significantly higher, and if the insured value on your policy schedule
has not been kept up-to-date, you will also face underinsurance.
When you are underinsured, and you experience a partial loss, the insurer will not pay out the full value of your claim, as the insurer will apply so-called “average” to your claim. Average is calculated as the insured value as a percentage of the actual value of the insured property at the time of the loss. For example, if the insured value of your home contents is recorded as R700,000 on your policy schedule, but it is determined that the actual value of your contents is in fact R1,000,000 at the time of the loss, it means that the insurer will only pay 70% (R700,000
÷ R1,000,000) of your claim. In other words, you are 30% underinsured.
In the above example, if you experience a partial loss of let’s say R800,000, it means that the insurer will only pay 70% of R800,000 – in other words R560,000 of the claim, even though you are insured for R700,000. If, however, you experience a total loss (in this case, R1,000,000), the insurer will only compensate you for the insured value on your policy – in this case, R700,000.
Buildings
If you have to properly evaluate the correct sum insured amount for your house, you need to consider what it would cost to rebuild your house in the event of a total loss, as well as whether your house is financed and the amount that it is outstanding on your bond.
Another important factor to remember is that, in the event that your house needs to be rebuilt following a loss, professional fees can form a significant part of the overall cost. These fees would include architects , engineers’ and other associated costs that must also be taken into account when considering your sum insured.
Household Contents
Ideally, if you are to properly manage the value of your household content assets, you should have an inventory for your home on which you have recorded what furniture and appliances you have, as well as the values to replace those items. Each year, you should evaluate this list again to consider if there are any new purchases you should add, replace, or simply remove. This is most helpful when renewing the values or confirming the values for insurance purposes.
However, if there have been any special purchases made, or high value gifts received, it would stand you in good stead to keep the purchase documentation on file as proof of value. If the item is a gift, a valuation certificate and certificate of ownership would be useful, should the item become damaged or lost, which will make your insurance claims process that much simpler.
As a best practice, the values on your inventory should be reconfirmed with retail prices at least every 3 to 5 years to ensure that your annual incremental increases are on track.
Something else important to remember is that the insured value for your house contents should be sufficient to cover all your movable possessions inside the home. We don’t often think of certain items in our home as being attractive to theft and don’t assign a Rand value to them. Your insurer typically covers you for more than just theft and consideration must be given to cover items against other perils, such as fire and water damage. It is, therefore, important to remember those teaspoons in your top drawer and the patio furniture on the veranda.
The Average Waiver Benefit by MUA Insurance Acceptances (Pty) Ltd
MUA offers its Executive Policyholders the optional “Average Waiver Benefit” at an additional premium. If you select this benefit, MUA will waive the application of average at the time of loss – taking away the uncertainty of underinsurance and significantly simplifying a potential claim in the future. It is important to note, though, that any claim would still be limited to the maximum of the insured value that is stated in the policy schedule.
Subject to terms and conditions, MUA will appoint a valuator to value your house and/or contents, and the value determined by such valuator will be accepted as the insured value as stated in your schedule.
Ostrich in the sand?
Remember in the most recent years we have seen total losses in Knysna, St Francis Bay, Port Elizabeth, Durban, and Cape Town to name a few — all due to natural disasters such as fire and torrential rain. With the impact of climate change and the phenomena we are experiencing, none of us can afford to be underinsured. Be proactive in your approach to insurance — it will save valuable time and effort in the long term.
Used with permission from MUA Insurance Acceptances (Pty) Ltd.