INSURANCE LAW PRACTICE – International Power law Alliance https://www.international-powerlaw-alliance.com Advocates, Professionals & Consultants Mon, 09 Oct 2023 13:01:02 +0000 en-GB hourly 1 https://wordpress.org/?v=6.5.5 https://www.international-powerlaw-alliance.com/wp-content/uploads/2019/10/cropped-favicon-150x150.png INSURANCE LAW PRACTICE – International Power law Alliance https://www.international-powerlaw-alliance.com 32 32 OBLIGATIONS OF THE INSURED https://www.international-powerlaw-alliance.com/practice-blogs/obligations-of-the-insured/ https://www.international-powerlaw-alliance.com/practice-blogs/obligations-of-the-insured/#respond Mon, 09 Oct 2023 13:00:18 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4374 The insured shall in accordance with the CIMA code be obligated:

  1. To pay the premium or contribution at the agreed due dates;
  2. To answer the questions asked by insurers accurately, notably in the risk declaration form through which insurers question them at the time of the conclusion of the contract, on the circumstances that may enable insurers to evaluate the risks which they are taking responsibility for;
  3. To declare, when the contract is in force, new circumstances which either aggravate the risk, or create new ones and thereby render inaccurate or null and void the answers given to insurers, notably in the form laid down in 2, above.
    • The insured must, through registered or countersigned letters, declare these circumstances to insurers within a time limit of fifteen days as from the date when they have knowledge, thereof.
    • In the case of a countersigned letter, a receipt serving as proof must be issued to the insured;
  4. To notify the insurer, as soon as they have knowledge thereof and latest within the time limit set by the contract, of any claim likely to involve the coverage of insurers. This time limit may not be less than five working days. In the case of theft or in the case of some livestock insurance claim, this time limit shall be set at 48 hours.

The above time limit may be extended by mutual agreement between the contracting parties.

The provisions of point 1, 3 and 4 shall not be applicable to life insurance.

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INFORMATION ON THE INSURANCE CONTRACT https://www.international-powerlaw-alliance.com/practice-blogs/information-on-the-insurance-contract/ https://www.international-powerlaw-alliance.com/practice-blogs/information-on-the-insurance-contract/#respond Mon, 09 Oct 2023 12:57:45 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4372 Insurance policies shall in accordance with the CIMA Code contain the following information;

  • The names and residence of the contracting parties;
  • The object or the person insured;
  • The nature of the risks covered;
  • The effective date and duration;
  • The amount of the coverage;
  • The premium or contribution of the insurance;
  • The conditions of automatic renewal, if stipulated;
  • The cases and conditions of extension or termination of the contract or cessation of its effects;
  • The obligations of the insured, upon drawing a contract and, later, during the course of the contract, as regards the declaration of risk and the declaration of other policies covering of the same risks;
  • The conditions and terms of declaration in the event of a claim;
  • The time limit for payment of claims;
  • For other insurance apart from liability insurance, the procedures and principles relating to the assessment of damages in view of determining the amount of indemnity etc.
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FORWARDING OF THE INSURANCE POLICY AND EXCEPTIONS https://www.international-powerlaw-alliance.com/practice-blogs/forwarding-of-the-insurance-policy-and-exceptions/ https://www.international-powerlaw-alliance.com/practice-blogs/forwarding-of-the-insurance-policy-and-exceptions/#respond Mon, 09 Oct 2023 12:56:59 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4370 FORWARDING OF THE INSURANCE POLICY AND EXCEPTIONS Read More »

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The insurance policy may be underwritten on behalf of a named person or the bearer. It may also be underwritten on order.

Policies underwritten policy on order shall be forwarded through endorsement, even in blank.

A life insurance policy may be underwritten on order. It may not be underwritten on behalf of the bearer.

The endorsement of a life insurance policy on order, shall under penalty of nullity indicate the date and the name of the beneficiary of the endorsement and must be signed by the endorser.

Exceptions

Insurers may raise exceptions opposable to the initial policy subscriber against the bearer of the policy or a third party who invokes the benefit thereof.

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INSURANCE PROPOSAL-MODIFICATION OF THE CONTRACT https://www.international-powerlaw-alliance.com/practice-blogs/insurance-proposal-modification-of-the-contract/ https://www.international-powerlaw-alliance.com/practice-blogs/insurance-proposal-modification-of-the-contract/#respond Mon, 09 Oct 2023 12:56:33 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4368 INSURANCE PROPOSAL-MODIFICATION OF THE CONTRACT Read More »

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The insurance proposal shall commit neither the insured nor the insurer; only the policy or the cover note shall establish their reciprocal commitment.

Prior to the conclusion of the contract, the insurer shall be obliged to provide an information sheet containing the price, coverage and exclusions.

Proposals made by registered letters with acknowledgment of receipt as well as by countersigned letters or by any other means indicating the date of receipt, extension or modification of the contract or resumption of a suspended contract shall be considered as accepted, if the insurer does not refuse within fifteen days following receipt of the proposal.

The above provisions shall not apply to life insurance.

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INSURANCE-PROXY ON ACCOUNT https://www.international-powerlaw-alliance.com/practice-blogs/insurance-proxy-on-account/ https://www.international-powerlaw-alliance.com/practice-blogs/insurance-proxy-on-account/#respond Mon, 09 Oct 2023 12:55:33 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4366 INSURANCE-PROXY ON ACCOUNT Read More »

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The insurance may be contracted in pursuance of a general or special proxy or even without a proxy, on behalf of a named person. In this latter case, the insurance shall benefit the person on behalf of whom it was concluded, notwithstanding the fact that ratification took place after the claim.

The insurance may also be contracted on behalf of the person to whom is shall belong.

This clause shall be valid both as insurance for the benefit of the known or future beneficiary of the said clause.

The underwriter of an insurance contracted on behalf of the person to whom it shall belong, shall be solely responsible for payment of premium to the insured; objections which insurers may raise against such a subscriber shall equally apply to the beneficiary of the contract, whosoever he may be.

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