What principles govern the construction of insurance documents?

Insurance contracts are much like any other legal contract. And the rules of construction are as follows: 

1. APPLY PRECEDENT.
here the general rule is that where an issue has been interpreted by courts of law the subsequent cases should let that construction stand this was held to be true in Glen versus Lewis (1853) 8 Exch. 607 the court stating that "if a construction has already been put on a phaser clause of a contract of in strange the same should be given in subsequent "in Re Calf and sun insurance office (1920) the court found that the matters in question should be substantially similar for this rule to apply. 

2. INTENTION OF PARTIES.
This rule states that the courts should always uphold the intention of the parties. And it should avoid speculation as to this but reference to the surrounding circumstances may be made.

3. THE HOLISTIC RULE 
A policy of insurance must be construed in its entirety the court in Hamlet versus crown accidental assurance company (1893) IQ 750 said that " you must look at the document as a whole". All words must be given meaning and non deemed meaningless without good cause. 

4.THE LITERAL RULE.
In this instance words must be given their ordinary and natural meaning and sentences their ordinary grammatical meaning the court in Leo Rap Ltd versus mc Clue (1955) 1 llyds re 292 QBD when the courts are construing words in an insurance policy it must give them their ordinary and natural meaning". However technical meanings may be resorted to as last resort if they amplify the natural meaning a position held in London and Lancashire fire insurance versus Bolands (1924) AC 823. 

5. EJUSDEM GENERIS. 
This rule is use to interpreter things os the same kind. In king versus Travelers insurance association ltd (1931) 41 li. Lr.13 the court refused the plaintiff a claim since the policy listed: jewelry, camera, field glass, watches and other fragile materials as being covered when his fur coat got lost the court stated that is was not of the same genus and species as those listed. 

7. PAROLE EVIDENCE RULE.
This rule states that oral evidence can not be admitted to contradict written evidence. In insurance this may only be allowed to show usage and custom.

8. CONTRA PREFERENCE RULE. 
like all legal documents insurance contracts are strictly construed against the drafters in case of ambiguity in the terms of the contract. This position was held true in Simmons versus cockell (1920) 1KB 843 at 485

APPLICATION OF RULES OF CONSTRUCTION IN INSURANCE LAW. 

When disputes emerge from an insurance contract courts and the parties fall back to the agreement stage each having an interpretation of a term in his or her favour. The courts have therefore to adopt standard rules that will govern the construction of such documents, this goes also along way to enhance prediction of outcome of cases a lawyer needs to just ask, what rule might the court use and what is the likely outcome? 

It is important to note that insurance contracts must as basic rule satisfy the basic contract rules it must have ; offer, acceptance, parties must intend to contract and the contract must be for a legal purpose.

Micro insurance in Kenya and its Associated legal regulations

The law as it is does not properly regulate micro insurance in Kenya. The insurance act cap 487 laws of Kenya was enacted 20 years ago slight amendments having been made from that time then. In 2007 the act was amended but still failed to capture micro insurance in Kenya.

Effectively that is to mean that the current regime of micro insurance is not protected and can be scrapped by the insurance regulatory authority as they are properly within their control. It goes without say that micro insurance products are very much needed in Kenya: the farmers being the greatest beneficiaries of the products. In the pas t two years Kenyan farmers have had their work covered for any loss that may occur leading to damage of their produce. The north eastern farmers have been compensated for loss occasioned by drought in the year. 

Putting that to rest, the argument is that the act should be amended to bring micro insurance on board and ensure that in as much as the farmers enjoy the low cost cover they should have places to fall back upon if they are inconvenienced by the product or to have the product regulated will lead to it taking proper root in Kenya.

Bancassurance
Sister to micro insurance is bank assurance which is a marketing mechanism that allows banks to take part in insurance business by selling their products to their customers. This is the most unrecognized practice in Kenya yet countries like china and Australia and south Africa have fully actualized it and indicated positive result in all instances why not in Kenya? Where banks are the most trusted institutions in the country.

What you Need to Know About Motor Accident Claim

It is unfortunate when someone gets involved in a car accident and in many cases the accidents are avoidable. What does the law provide in such circumstances? It generally falls under the law of Tort where the neighbor principle applies. This neighbor principle simply states that, "one should consider others and the consequences to them when acting or doing something". The law of motor accident is known in many different ways such as car accident law. However, the content is similar. How does one claim damages after being involved in a car accident? Who is supposed to make a claim? What is the legal process that one should follow to file a claim? How much compensation can one get? These are some of the topics that every motorist should be familiar with.

WHAT IS MOTOR ACCIDENT CLAIM?
It is the legal process of stating that one is entitled to certain payments according to the law of tort. This should be made to the party that has been grieved. The legal process differs with the jurisdiction of different areas, therefore, it is advisable to know how to claim for damages, which are also referred to as compensation, in the area that one lives in. One needs to fill out a legal document with all appropriate information before the case can be judged in court.It is equivalent to filing a suit for other civil cases.

WHO CAN MAKE A CLAIM?
It is basically the person who has been grieved as stated earlier. One would assume that it be a pedestrian if the accident was between a car and a pedestrian. However, the one who would have been found with fault will be liable to pay compensation to the grieved party. The grieved party also needs to prove negligence of the other party in order to claim any compensation.

One way to know who the grieved party is, is by waiting for the policemen at the spot where the accident took place so that they may evaluate the damage and determine who was at fault.

HOW MAY LAWYERS ASSIST?
Lawyers are more knowledgeable and thus will guide someone in the direct way.
Most people are less informed about the legal system and end up representing themselves. This may result in receiving less compensation than one would have received. Some may end up losing the case all-together.

When the grieved party meets with their lawyers it is important they tell them how much they might have spent from the day of the accident. They should be sure to keep all bills and receipts that resulted from the accident. These include any hospital bills, any psychiatrist bills and any other expenses that may have been incurred due to the accident - for example, having to rent out a car or getting a wheel chair or getting a private nurse to help. It is also important to tell the lawyer what injuries were caused by the accident. Were they physical, emotional or mental injuries? The lawyer will then be able to calculate the value on this things that are intangible, for example, emotional trauma.

A lawyer is also helpful in knowing how to fill the claim form and how to go about seeking compensation. This would really help if someone was unaware of what the law provides or when there are different jurisdictions. They shall also advice on where to file the claim. In general, there are many places where one can file a claim; where the defendant (the one who is at fault) lives, where he works or where he was born. The lawyer will look at different factors such as the convenience of the location to the grieved party and their witnesses amongst many other things before deciding.

THE LEGAL PROCESS OF FILING A CLAIM
Even though one may have opted to get a lawyer to defend their case or may have decided on representing themselves, it is important to know the legal process of filing a claim. Before even deciding on filing a claim, one should contact the local authorities the minute the accident has occurred. This is vital since as earlier stated, the police will determine who was at fault. Furthermore, their documentation on the accident will help in building one’s case against the defendant.

In addition, one should register with the court; this is where one will get a claim form to fill out. Some of the details that one will have to fill out are as follows:

i) The plaintiff’s name (the grieved party's name)

ii) The defendant’s name.

iii) The nature of the accident.

iv) The compensation one is claiming.

Other details may be needed but these four are the key elements that are needed in any claim form. Most cases do not even reach this level since both parties will try to settle things out of court. What determines if the case will be heard is, whether the defendant acknowledges that he is guilty or not.

THE COMPENSATION ONE CAN GET
The compensation one can get can be split into two. Firstly, one can receive payment for the damages that have been incurred. The values of these damages alter with the nature and extensiveness of the accident. However, it shall be based on the amount that was written on the claim form. If the plaintiff included interest they should be careful to specify which tax rate they shall be using. In general, the court’s tax rate is usually higher. Secondly, one can be compensated on equitable remedies which simply ensure that the grieved person is getting compensated fairly. So to be fair, the court will compensate for emotional damages as well as other damages involved. It is one’s right to be compensated for damages.

In conclusion, it is a tragedy when someone is involved in an accident. For many, they tend to brush under the carpet and simply say it was an act of God. However, by being more informed about what the law provides will help someone claim what was rightfully theirs since the purpose of compensation is to restore the grieved party to where they were prior to the incident.

Development and future of banking in Kenya

COMMERCIAL BANKING.

The origin of commercial banking in Kenya related to commercial connections in East Africa, which existed towards the end of the 19th Century. First of all there was National Bank of India in Kenya in 1896 after the establishment of the British in the region. It was followed by Standard Bank of South Africa in 1910. In 1916, the National Bank of South Africa merged with Anglo-Egyptian Bank Ltd to form Barclays Bank (dominion colonial).

The Standard Bank of South Africa and Barclays Bank were just branches of British banks based in London. Their establishment in Kenya was just in line with the practice of British banks to follow the development of trade in their colonies and concentrate on finance of international trade. National Bank of India operated mainly in India while the Standard Bank of South Africa had its main business in South Africa. Since the banks had links with Europe, South Africa and India their businesses affected their operations, because they were mainly dealing with customers from their respective areas. Open opportunities for traders and settlers who had come to Kenya and the growing community provided initial sources of deposits in excess; and the surplus, which remained unutilized in Kenya were invested in London. Deposits were also made locally. This situation prevailed mainly because there was a gap between bankers and prospective borrowers.

In the long run this bank was in the process of exporting capital from Kenya, a country which is under-developed, to a developed country. After half a century the Barclays Bank and Standard Bank had a monopoly in the system. But the developing economy with excellent opportunities for further expansion attracted an influx of new banks especially in urban areas.

The General Bank of Netherlands was set up in 1951. Bank of India and Bank of Baroda were established in 1953 while Habib Bank (overseas) Ltd was set up in 1956. The Ottoman Bank and the Commercial Bank of Africa were established in 1955. During the 1960s, the banking sector in Kenya experienced a new surge of energy change and in 1968, the Cooperative Bank of Kenya opened its doors. In 1968 again, the business of Ottoman was taken over by the National Bank of Kenya. In 1971 the National and Grindlays Bank, that operated as a retail commercial bank until 7th December 1971, was nationalized and formed Kenya Commercial Bank - the government owning 60% of the bank’s share capital. The Merchant Bank division was incorporated into a new bank, Grindlays Bank International Ltd, which has changed to Stanbic Bank. In 1971, Barclays Bank (DC) changed its name to Barclays Bank International Ltd and became a wholly owned subsidiary of Barclays Bank Ltd based in Britain. In 1974, the American Banks were established in Kenya i.e. first National Bank of Chicago and first National City Bank of New York.

The Kenyan Banking Industry: Challenges and Sustainability

Abstract

The banking industry is a major driver of economic development for world economies. By offering different types of services, such as facilitating money transfers between countries and ensuring that savers and borrowers are brought together in well-organised structures, the industry determines countries’ economic development and long-term sustainability. Although critical to world economic stability, the last six decades have seen the industry experience severe financial challenges which have negatively affected economic performance of most countries. The main causes of financial crises have been non-performing loans, political interference, uncertain global financial trends and poor leadership. The Kenyan banking industry is considered the most mature, fastest-growing and largest in East Africa, thereby making it the regional financial leader. The industry has, however, been a victim of both global and domestic financial challenges. Between 1980 and 2000, the country’s financial industry was characterised by major financial upheavals that led to the collapse of many banks, while others were in and out of receivership. The crises were attributed to non-performing loans, weak internal control mechanisms, poor governance and poor leadership. Since the year 2000, the government has instituted tough measures to revive the industry, which have resulted in stability. As such, the industry has experienced positive and encouraging growth, contributing towards making the sector the financial hub of the East Africa region. Despite recent gains, however, the industry still faces challenges of corruption, inability to reach the majority of the rural population, fragmentation and ineffective leadership. This chapter explores the importance of enhancing and strengthening the banking internal control mechanisms and developing sustainability strategies, focusing on business practices and product development geared towards healthy economic, social and environmental activities.

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