Constantia Insurance Company Limited (In Liquidation)

Frequently Asked Questions

INTRODUCTION

Following a period of Curatorship, Constantia Insurance Company Limited (hereafter referred to as ‘CICL/the Estate’ ) was placed in Final Liquidation by the High Court of South Africa, on application from the Prudential Authority of the South African Reserve Bank.

This means that the Liquidation Process, by law, is regulated by the procedures laid down in the Insolvency Act 24 of 1936 as amended, and other relevant legislation.

If you have claims against the Estate, you will first need to identify the type of claim that you have, as explained in more detail in the FAQ's below.

Please note that all Insurance Claims need to be submitted by 30 November 2022.

WHAT ARE THE DIFFERENT TYPES OF CLAIMS?

A. INSURANCE CLAIM:

An Insurance Claim is a claim based on an insurance policy for losses suffered as per a policy document.

  • Insurance Claims need to be submitted and a Validation of Loss (VOL) document obtained before a claim can be filed against the estate of CICL.
  • All Insurance Claims need to be submitted by 30 November 2022.
  • We request, where possible, and for the sake of expediency, that Brokers lodge claims on behalf of their clients.
  • IMPORTANT NOTE: As Constantia Insurance Company Limited is in final liquidation, all lodged, approved, and finalized Insurance Claims will still need to be lodged as Liquidation claims as outlined in this document.

If you have an Insurance Claim please refer to the insurance claim video at: https://youtu.be/d3X0K2xKT1U.

B. NON-INSURANCE CLAIM:

A Non-Insurance Claim includes unpaid commissions, unpaid invoices, etc.

  • Non-insurance claims do not require a Validation of Loss (VOL) document.
  • Non-insurance Claimants fall into one of two categories:
  • 1. Partners or Brokers wishing to claim for outstanding amounts due and payable by CICL.
    2. General Creditors and Suppliers e.g. panel beaters, marketing agencies, assessors, loss adjustors, wishing to claim for outstanding amounts due and payable by CICL.

If you have a Non-Insurance Claim please refer to the non-insurance claim video at: https://youtu.be/35aZXIQMFUw

C. LIQUIDATION CLAIM:

A Liquidation Claim is a claim submitted in terms of the Insolvency Act against a liquidated company or estate for an exact and certified amount. A Liquidation Claim has certain legal requirements as per the Insolvency Act.

WHAT ARE THE DIFFERENT TYPES OF CREDITORS?
WHAT PROCESS MUST THEY FOLLOW?

A. POLICY HOLDERS:

If you are a Policy Holder with a CICL Insurance Claim, you should follow the two main steps laid out below:

  1. Submit your Insurance Claim and obtain a Validation of Loss (VOL) document. For detailed steps please scroll down to the section named: “HOW DO I LODGE AN INSURANCE CLAIM AS A POLICY HOLDER?”
  2. When you have received your VOL, you can proceed to submit our Liquidation Claim against the Estate of CICL. For detailed steps please scroll down to the section named: “HOW DO I LODGE A LIQUIDATION CLAIM AS A POLICY HOLDER?”
B. SUPPLIERS AND GENERAL CREDITORS:

If you are a Supplier or General Creditor wishing to claim for outstanding amounts due and payable by CICL please scroll down to the section named: “HOW DO I LODGE A LIQUIDATION CLAIM AS A SUPPLIER OR GENERAL CREDITOR?”

C. PARTNERS AND BROKERS:

If you are a Partner or Broker wishing to claim for outstanding amounts due and payable by CICL please scroll down to the section named: “HOW DO I LODGE A LIQUIDATION CLAIM AS A PARTNER OR BROKER?”

C. GUARANTEE HOLDERS AND SGI CLIENTS:

Information regarding guarantees will be available here shortly.

HOW DO I LODGE AN INSURANCE CLAIM AS A POLICY HOLDER?

  1. Depending on the type of insurance claim, select the appropriate email address from the options below. You will need to submit all the relevant documents relating to your insurance claim to the relevant email address.
  2. Your Insurance Claim will then be validated, processed and if applicable an assessor may be appointed to further investigate the claim, as per the insurance policy.
    • If your claim cannot be validated or is rejected for whatever reason, you may Institute independent legal proceedings against the estate, for your own account.
  3. Once your Insurance Claim has been successfully processed, you will receive a Liquidation Claim Support Document (Validation of Loss Agreement) document. This document will be the basis for your Liquidation Claim against the Estate (which must still be lodged against the Estate). Please see the section below on how to lodge your liquidation claim as a general creditor or policy holder.
  4. All Insurance Claims need to be submitted by 30 November 2022.
    • A late filing of an insurance claim will only be considered under exceptional circumstances.
    • You do not need to have received your VOL by 30 November 2022.
  5. We request, where possible, and for the sake of expediency, that Brokers lodge claims on behalf of their clients.

HOW DO I LODGE A LIQUIDATION CLAIM AS A POLICY HOLDER?

  1. To lodge a claim against CICL, you are required to first create / register your profile on https://claimants.constantiagroup.co.za.
    • Note that activation of accounts may take up to 5 business days.
  2. Once registered and activated, you may go to https://claimants.constantiagroup.co.za/claims, to lodge your Liquidation Claim.
    • Note that you may lodge multiple claims (one claim per Liquidation Claim Voucher document).
  3. To lodge your claim you will need to follow steps on the Claims Work Page.
  4. You will eventually be guided to Step 7, which requires you to submit your claim for validation by the Liquidation Claims Team.
    • Note that the Validation process has commenced, but due to the immense number of claims, there is currently no time estimate as to when validations will be completed.
  5. As soon as your claim has been validated, follow Steps 8 and 9 to Submit the Signed Claim Pack to the Liquidators.
  6. Once a Liquidation and Distribution Account has been confirmed, you may receive a dividend payment.
    • Scroll down to the section named “WHEN WILL MY CLAIM BE PAID OUT?” to enquire as to when you may receive payment.
    • Scroll down to the section named “WHAT IS A DIVIDEND?” to enquire as to what a dividend is.

HOW DO I LODGE A LIQUIDATION CLAIM AS A PARTNER OR BROKER?

  1. To lodge a claim against CICL, you are required to first create / register your profile on https://partners.constantiagroup.co.za.
    • Note that activation of accounts may take up to 5 business days.
  2. Once your account is activated, you may go to https://partners.constantiagroup.co.za/claims to lodge your Liquidation Claim.
    • Note that you may create multiple claims – one claim for each separate set of supporting documents.
  3. To lodge your claim you will need to follow the steps laid out on theClaims Work Page.
  4. You will eventually be guided to Step 7 on the Claim Work Page, which requires you to submit your claim for Validation by the Liquidation Claims Team.
    • Note that the Validation process has commenced, but due to the immense number of claims, there is currently no time estimate as to when validations will be completed.
  5. Lastly, as soon as your claim has been validated, follow Steps 8 and 9 to Submit the Signed Claim Pack to the Liquidators.
  6. Once a Liquidation and Distribution Account has been confirmed, you may receive a dividend payment.
    • Scroll down to the section named “WHEN WILL MY CLAIM BE PAID OUT?” to enquire as to when you may receive payment.
    • Scroll down to the section named “WHAT IS A DIVIDEND?” to enquire as to what a dividend is.

HOW DO I LODGE A LIQUIDATION CLAIM AS A SUPPLIER OR GENERAL CREDITOR?

  1. To lodge a claim against CICL, you are required to first create / register your profile on https://suppliers.constantiagroup.co.za
    • Note that activation of accounts may take up to 5 business days.
  2. Once your account is activated, you may go to https://suppliers.constantiagroup.co.za/claims to lodge your Liquidation Claim.
    • Note that you may create multiple claims – one claim for each separate set of supporting documents.
  3. To lodge your claim you will need to follow the steps laid out on theClaims Work Page.
  4. You will eventually be guided to Step 7 on the Claim Work Page, which requires you to submit your claim for Validation by the Liquidation Claims Team.
    • Note that the Validation process has commenced, but due to the immense number of claims, there is currently no time estimate as to when validations will be completed.
  5. Lastly, as soon as your claim has been validated, follow Steps 8 and 9 to Submit the Signed Claim Pack to the Liquidators.
  6. Once a Liquidation and Distribution Account has been confirmed, you may receive a dividend payment.
    • Scroll down to the section named “WHEN WILL MY CLAIM BE PAID OUT?” to enquire as to when you may receive payment.
    • Scroll down to the section named “WHAT IS A DIVIDEND?” to enquire as to what a dividend is.

HOW DO I CLAIM FOR A CALL ON A GUARANTEE
OR A REFUND ON A CASH COLLATERAL?

  1. To lodge a guarantee claim, you are required to first create / register your profile on https://guarantees.constantiagroup.co.za
    • Note that activation of accounts may take up to 5 business days.
  2. Once your account is activated, you may go to https://guarantees.constantiagroup.co.za/claims to lodge your Guarantee Claim.
    • Note that you may create multiple claims – one claim for each separate set of supporting documents.
  3. To lodge your claim you will need to follow the steps laid out on theClaims Work Page.
  4. You will eventually be guided to Step 7 on the Claim Work Page, which requires you to submit your claim for Validation by the Liquidation Claims Team.
    • Note that the Validation process has commenced, but due to the immense number of claims, there is currently no time estimate as to when validations will be completed.
  5. Lastly, as soon as your claim has been validated, follow Steps 8 and 9 to Submit the Signed Claim Pack to the Liquidators.
  6. Once a Liquidation and Distribution Account has been confirmed, you may receive a dividend payment.
    • Scroll down to the section named “WHEN WILL MY CLAIM BE PAID OUT?” to enquire as to when you may receive payment.
    • Scroll down to the section named “WHAT IS A DIVIDEND?” to enquire as to what a dividend is.

WHEN WILL MY CLAIM BE PAID OUT?

Before payments to creditors can be made, by law, the following events still need to happen (at a minimum):
  1. A first meeting of creditors will be convened by the Master of the High Court.
  2. The assets of the company will be liquidated.
  3. A second meeting of creditors will be convened by the Liquidators.
    a. All Registered creditors will receive circulars notifying them of the date and time of the meeting, and the cut-off date for the submission of claims.
    b. Claims will need to be proved at this meeting.
  4. Any claims not proved at the second meeting can be proved at a special meeting of creditors. More than one special meeting can be held.
  5. The Liquidators will in due course publish the absolute cut-off date for the submission of any and all claims against the Estate.
  6. A Liquidation and Distribution Account will be drafted and submitted to the Master of the High Court.
  7. Once approved by the Master, the account will be advertised.
  8. The account will be confirmed by the Master, after which distributions/liquidation dividends will be paid.
    It is only after the above steps have occurred that you may expect payment.

WHO WILL PROVE MY CLAIM?

When creating a claim on one of the claim creation portal (claimants, partners or suppliers), you can select one of three options at step 5:
  • Deponent Themselves: This means the person lodging the claim will need to prove it themselves in front of the Master of the High Court and may be subject to questioning by the Master or any other creditors present.
  • Representative of the Deponent: This means that the person lodging the claim may send a representative (legal representative or otherwise) who will need to prove it in front of the Master of the High Court and may be subject to questioning by the Master or any other creditors present.
  • Representative Supplied by the Liquidator: This means that the liquidator will supply you with a representative who will facilitate the proving of your claims on your behalf, at no extra cost to you.

WHAT IS A DIVIDEND?

A dividend is a payment made towards the end of the liquidation process, as set out out in the Liquidation and Distribution Account. This dividend is made as payment of a claim lodged against the Estate. The dividend is seldomly the full amount claimed, and the size of the payment is proportional to the size of the claim. Certain classes of creditors will receive preference over others, as laid out below.

WHAT ARE THE DIFFERENT CREDITOR CLASSIFICATIONS?

  • Secured Creditors are creditors who hold security over certain assets of the liquidated company. The proceeds of the sale of said assets will first be used to satisfy the claim of a creditor that hold security over such an asset.
  • Preferent Creditors are creditors as laid out by sections 98 to 101 of the Insolvency Act whose claims will be satisfied in its entirety before any concurrent creditors’ claims will be satisfied. Certain portions of employee claims as well as claims by the South African Revenue Services are the only preferent creditors.
  • Concurrent Creditors are the general creditors of the estate that will receive dividends after the preferent creditors’ claims have been satisfied. These are creditors who do not have security for their claim.

HOW TO SUBMIT A MEDICAL MALPRACTICE OR THIRD-PARTY LIABILITY CLAIM AGAINST THE ESTATE:

  1. Register as a creditor in the estate of CICL by making payment in the amount of R25.00. The banking details and payment reference may be obtained from the offices of the joint liquidator as per contact details below. Proof of payment to be sent to generalcreditors@constantiagroup.co.za / admin@cassimlaw.co.za.
  2. Upon receipt of the proof of payment, you will be furnished with a claim form for completion.
  3. The completed claim is to be supported by the following documentation:
    1. Copy of the policy document
    2. Judgment award or signed settlement agreement
    3. Taxed bill of costs, where applicable
    4. Claimant’s ID document (individuals) or CIPC disclosure (entities)
    5. Proof of banking details
  4. The completed claim with supporting documentation to be emailed to generalcreditors@constantiagroup.co.za / admin@cassimlaw.co.za for verification and validation.
  5. Once verified and validated, the original claim document with supporting documents is to be returned to the offices of Cassim Trust, 461 Fehrsen Street, Brooklyn, 0181.
  6. Kindly contact Cassim Trust should you have any queries or require assistance with completion of the claim form:

    Tel: (012)460-7700
    E-mail: generalcreditors@constantiagroup.co.za / admin@cassimlaw.co.za
    Attention: Frieda Roets / Noreen Siziba