Insurance law is a legal discipline that pertains to the underlying legal principles, regulations, and customary practices that govern insurance contracts and the broader insurance industry. This discourse pertains to the entitlements and responsibilities of insurance companies, policyholders, and beneficiaries, alongside the administration of insurance trade. Insurance law covers various types of insurance, including: life insurance; health insurance; property and casualty insurance; liability insurance; marine insurance; general insurance (which covers property, liability, and other non-life risks), health insurance; micro insurance and others

Here are some key of the issues that our firm handles:

  1. Insurance Contracts: Insurance law governs the formation, interpretation, and enforcement of insurance contracts. It outlines the requirements for a valid insurance contract, including the principles of utmost good faith, insurable interest, and indemnity. It also covers issues such as policy terms and conditions, exclusions, premiums, and claims handling.

  2. Insurance Regulation: Insurance is typically regulated by government bodies or agencies that oversee the insurance industry. These regulations ensure that insurance companies operate in a fair and responsible manner, protect policyholders' interests, and maintain financial stability. Insurance laws and regulations may cover licensing requirements, solvency standards, consumer protection, and market conduct.

  3. Insurance Claims: Insurance law governs the process of making and settling insurance claims. It sets out the obligations of policyholders to provide accurate information when applying for insurance and to notify the insurer promptly of any claims. It also outlines the procedures and requirements for insurers to investigate, evaluate, and pay valid claims.

  4. Subrogation: Subrogation is a principle in insurance law that allows an insurer who has paid a claim to step into the shoes of the insured and seek recovery from third parties who may be responsible for the loss or damage. This principle helps prevent the insured from receiving double compensation and allows insurers to recover their expenses.

  5. Insurance Disputes and Litigation: Insurance law covers disputes between policyholders and insurers, such as claim denials, coverage disputes, and interpretation of policy terms. It also addresses legal remedies available to parties involved in insurance disputes, including negotiation, mediation, arbitration, or litigation in court.

  6. Policyholder Protection: Insurance law in Kenya includes provisions to protect the interests of policyholders. Insurers are required to maintain adequate financial reserves, comply with solvency and capital adequacy requirements, and provide prompt and fair claims settlement. The IRA monitors insurers' compliance with these requirements.

Insurance Intermediaries: Insurance agents and brokers play a significant role in the distribution of insurance products. They are regulated by the IRA and must comply with licensing requirements, code of conduct, and disclosure obligations to act in the best interests of policyholders.