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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
Marine Insurance Claims
There may be a claim under a marine insurance policy when, by operation of a peril a loss occurs. A loss on a marine insurance policy is defined on section 56 of the MIA as either a total or partial loss
Total loss
A total loss may either be actual total loss or a constructive total loss and an insurance against total loss includes both. Where a total loss is claimed, then if the evidence proves partial loss only, that may be recovered although the total claims fails (this does not apply if the policy excludes partial loss)
Actual Total Loss
An actual total loss can occur in one of the following ways;
Where the subject matter is destroyed, e.g. vessel sunk deep in the sea water where the vessel and cargo are destroyed
Where the subject matter is so damaged as to cease to be a thing of the kind insured. This is known as loss of specie for example, cement is so damaged by sea water as to have become concrete
Where the assured is irretrievably deprived of subject matter. Thus, destruction is not essential to a claim for actual total loss. the assured has suffered an actual total loss where for example cargo belong to the insured, is in sunken ship deep down the sea, just as much as the owner of the ship itself in which rests the cargo.
Constructive Total Loss
This is the commercial total loss in the sense that the subject matter is not destroyed, it is not in fact totally lost, but commercially, a total loss has occurred. The MIA defines constructive total loss thus: “there is a constructive total loss, where the subject matter insured is reasonably abandoned on account of its actual total loss without an expenditure which would exceed its value when the expenditure had been incurred.
Examples
- A shop runs ashore, remains in specie but the cost of refloating her would exceed her value when refloated
- Cargo in a vessel which has gone underground remains intact but the cost of recovering it would exceed the value when recovered;
- Part of a satellite is dropped during loading but the cost of repair exceeds its actual value.
When in all probability the insured considers a total loss exists, the loss may be treated as partial, or they may abandon their interest in the subject matter to the insurer and claim a total loss.
It is a condition precedent to a claim for constructive total loss that the assured must tender notice of abandonment to the insurer the interest in the subject matter of insurance. This requirement is reasonable, for if one believes one has a valid constructive total loss claim, one will expect full indemnity and cannot seek to retain the subject matter insured. It enables the marine underwriter to take steps to protect their interests.
Salvage loss
This form of loss has the same result as constructive total loss except that no notice of abandonment is required. The term salvage loss results from the practice of a forced sale at port of distress of badly damaged cargo in order to prevent cargo from becoming a total loss. marine underwriters pay for such losses by deducting the net set sale proceeds from the insured value, treating the claim as a total loss less salvage, or a salvage loss.
Sue and Labor Charges
These are charges incurred but the ship owner and their agents to preserve or attempt to preserve the ship from the consequences of an insured peril or to minimize its effects. These charges are reimbursed by the insurance, in addition to any loss recoverable under the insurance- whether total or partial.
Particular Average
This means partial loss.’ thus. Free from particular average’(FPA) means free from partial loss, while with Average (WA) means the partial losses are covered subject to the terms of the policy. Hence, partial loss of the subject matter insured cause by a peril insured against is particular average. E.g. weather damage to ship, damage from stranding, collision or fire. For cargo, there could be damage by sea water following heavy weather or stranding.
Particular average to freight usually follows loss of part of the cargo by the insured peril in consequence of which the ship owner is unable to collect the full freight that is due on delivery of the cargo at destination
General Average
General average is a partial loss which relates to a sacrifice or expenditure made or incurred by one of the parties to the marinetime adventure for the purpose of saving all the property involved in such marine time expenditure. A good example is jettison of cargo to prevent the vessel sinking. In case a ship is in difficulties because heavy sea and throwing of some cargo in the sea will render the voyage safe, then the general average act as sacrifice of the cargo…
The loss is made good by contributions from all concerned when the adventure is saved. The contributors would include the ships owner’s and the owners of the cargo on board.