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Home Insurance
- Can I own a home without domestic package insurance?
- Can I purchase domestic package insurance if I'm renting a house?
- How are claims paid under various Sections?
- How do I file a claim under domestic package insurance?
- How often should I review my policy?
- What information do I need to provide to my agent,broker or insurer when proposing or renewing cover?
- What is a standard domestic package insurance cover?
- What is domestic package insurance?
- What kind of domestic package cover is adequate?
- What should I do if I am leaving the house unoccupied for sometime?
- What type of insurance do I need for a house purchased through a mortgage?
- Which are the common types of misfortunes covered in a domestic package insurance?
- Why is it important to take a home inventory?
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Motor Insurance
- How do I file a motor insurance claim?
- How is the premium of motor insurance determined?
- Is motor insurance compulsory in Kenya?
- What are my rights when filing a claim?
- What are the different types of motor claims?
- What are the different types of motor insurance certificates in Kenya?
- What are the different types of motor insurance policies?
- What are the duties of insured person in the event of an accident?
- What are the duties of the insurance company in the event of a claim?
- What are the main documents required in settling a claim?
- What information is required when proposing for<br>insurance?
- What is motor Insurance?
- What should I do if I am involved in an accident?
- What should I do if I have a problem with claim<br>settlement?
- What steps are taken by an insurance company before a motor insurance claim is settled?
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Medical Insurance
- Am I insured while out of the country?
- Do I need to continue paying my monthly contribution to NHIF if I have medical insurance policy?
- Does medical insurance cover all hospital bills?
- Does my policy cover conditions existing before I took up the insurance?
- Does the policy cover all my children?
- Does the policy cover the insured in old age?
- How are medical bills paid?
- How do I apply for medical insurance?
- How do I benefit from NHIF membership?
- How will the hospital know that I am the insured?
- What happens in case of an emergency?
- What is medical insurance?
- Who does an in-patient policy cover?
- Who does an out-patient policy cover?
- Will the policy compensate me for all kinds of treatment that I receive?
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Agriculture Insurance
- Agriculture insurance underwriting and claims
- Challenges of crop insurance
- Index Based Livestock Insurance
- Index based weather insurance
- Introduction to agriculture insurance
- Livestock Insurance
- Other types of agriculture insurance
- Perils that affect the agriculture sector
- Poultry Insurance
- The International Agricultural Insurance Market
- Types of Crop Insurance
- What is Agriculture insurance?
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Aviation Insurance
- Aircraft Hull and Liability Cover
- Aviation Hull War and Allied Perils Cover
- Aviation Insurance Underwriting and Rating
- Introduction to Aviation insurance
- Laws Relating to International Trade or Carriage of Passengers by Air
- Loss Adjusting and Surveying Aviation Insurance
- The Aviation Insurance Market
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Business Interruption Insurance
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Common Factors in Property Insurance
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Emerging Issues and trends in general insurance
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Engineering Insurance
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Fire and Perils Insurance
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Liability Insurance
- Classes of liability insurance
- Directors’ and Officer’s Liability Insurance
- Employers Liability Insurance
- Introduction to liability insurance
- Legal Expense Liability Insurance
- Products LIability Insurance
- Professional Indemnity Insurance
- Public Liability Insurance
- Trustees’ Liability Insurance
- Work Injury Benefit Act (WIBA)
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Marine Insurance
- Arranging for marine insurance
- Effecting Marine Insurance market
- International Contracts of Sale(INCOTERMS)
- Introduction to Marine Insurance
- Marine Insurance and Trade
- Marine Insurance Claims
- Marine Insurance Policies
- Marine Insurance Underwriting and Rating
- Marine Perils
- Principles of Marine Insurance
- The marine Insurance Markets
Introduction to liability insurance
Liability insurance deal with legal liability that a person may have towards others. One has a legal liability when one becomes liable to compensate others who may be injured, contact sickness or suffer loss or damage of their property as a result of one’s actions or omission.
The purpose of liability insurance is to come to one’s assistance in the event of the above.
Legal Liability
No one has any automatic right to obtain compensation for injury or damage. For one to be successful has to prove their claim under a well defined area of liability. An insured may therefore, incur liability arising out of breach of:
- Statutes
- Contract law
- Common law
Statute
Statutes may impose duties, the breach of which is actionable. An example is the Work Injury Benefits Act which provides for employer to compensate an employee for the injuries arising out of and in the cause of employment to arrange insurances to make available funds for the compensation.
Contract Law
A contract is an agreement giving rise to obligations which are enforced or recognized by law.
Breach of the obligations under the contract may give rise to a duty to compensate the third party.
Common Law
This gives rise to several duties under the law of torts and is covered extensively in Legal Aspects of Insurance. A tort is a civil wrong. The law of torts imposes obligations not only to individual but to groups of individuals as well, without requiring their consent. It aims at regulating the conduct of human being with one another in absence of a contractual or other legal relationship. A tort gives rise to an action for unliquidated damages. The most common torts are,
- Negligence
- Nuisance
- Trespass
- Defamation
- Strict Liability
- Statutory Liability
Negligence
In order to succeed in a claim under negligence, one has to prove that;
- The defendant owned them them duty of care
- There has been a breach of duty
- As a result of the breach, the plaintiff suffered injury, loss or damage to their property.
- That the injury or damage complained of was reasonably foreseeable.
In normal circumstances, the onus to proof negligence is on the plaintiff.
Nuisance
Nuisance is the wrong done to a person when they are unlawfully disturbed in the enjoyment of their property or, in some cases, in the exercise of the common right. Nuisance does not depend on fault. The test of reasonableness as to whether a state of affairs has been allowed to develop in the defendant’s land which affects the neighbor as opposed to whether the action complained of was foreseeable as in the case of negligence. Nuisance is governed by the general position that one should use one’s property in away that does not injure their neighbor.
Trespass
Trespass refers to the unlawful interference with goods, land or the person committed with some force or violence no matter how slight. It is essentially a deliberate and direct interference, as opposed to indirect action as in the case of nuisance. Example throwing objects on other person’s land, straying onto the land of another, either deliberately or accidentally or allowing one’s animals to stray onto the land.
Defamation
Defamation refers to a tort of publishing a statement that’s force and therefore injures the reputation of another by exposing them to hatred, ridicule and contempt or fear so that their reputation suffer or they are prejudiced in their office, profession or trade. Defamation can either be libel (written and in permanent form) or slander, spoken words and in transitory form.
Strict Liability
The general legal position is that if the law does not the defense that the defendant took all reasonable care, then the issue is one of the strict liability. However, this does not mean that there are no defenses allowed. It means that the major defense that that one took all reasonable care is not admissible. it should be noted that, the following defenses can still be raised in action for strict liability.
- Act of God
- Act of third party such as a trespasser
- Negligence of the person claiming
- Consent of the claimant such as in the case of volenti non- fit injuria i.e. the person had voluntarily consented to suffer the risk being complained of.
The tort of strict liability was well demonstrated in the case of Ryland vs Fletcher where it was held that ‘’ an occupier who brings onto and keeps on his land anything which is likely to cause damage if it escapes is under strict obligation to prevent its escape and is liable for the natural and probable consequences caused as a result of its escape. Even though they are not guilty of negligence.
Statutory Liability.
Some Acts of the Parliament imposes duties and liabilities, the breach of which makes one liable to any one injured or one whose property is lost or damaged. Such Acts also severely limits the defense available for liabilities imposed by the Acts. An example is Work Injury Benefit Act which imposes a strict duty on employers to compensate their employees for injuries and diseases arising out of employment.
Vicarious Liability
Vicarious liability is the legal principle that makes one person legally responsible for the actions of others with whom they have close relationship. For example, employers are held liable for the actions of omissions for their employees arising out of or in connection of employment. Principals can or are held liable for actions of their agents which are within the agency contract under the legal principal that if one does a thing through another, they do it themselves.