The Insurance Act follows several amendments and repeals since 1961, in 1976 one of the Insurance Decrees was promulgated which introduced a separate section purportedly handling settlement of insurance claims in Nigeria. The provision has since then survived subsequent amendments and repeals with little or no substantial change. It was a laudable innovation but very inordinate and unwholesome.
A replica of the section 43 of the 1976 Insurance Decree in the 2003 Insurance Act is section 69. The provision is flawed with errors of misappropriation and legislative paradox.
Unfortunately, the errors have been carried into fruition by the attitude of the courts through a somewhat inadvertent statutory interpretation that has heralded the application of that provision over the past three decades.
This paper intends to expose these statutory defects and recommend amendments as we argue that the law as it is means more or less that Nigeria has no specific provision in its insurance Act dealing with settlement of insurance claims
Frequently asked questions
What is the main topic of this document?
This document primarily discusses the settlement of insurance claims under Nigerian law, specifically focusing on Section 69 of the Insurance Act, 2003.
What is the 'Error of Legislative Paradox' discussed in relation to Section 69(2)(c)(ii)?
The 'Error of Legislative Paradox' refers to the ambiguity created by the use of the words "after" proceeding the phrase "before or" and the word "or" preceding the word "within" in Section 69(2)(c)(ii), leading to confusion regarding when an insurer can avoid liability.
What is the proposed solution to the 'Error of Legislative Paradox'?
The document suggests that the word "or" preceding "within 14 days..." in Section 69(2)(c)(ii) should be construed as "but," to clarify the timing requirements for an insurer to commence proceedings related to the surrender of the certificate of insurance.
What is the 'Error of Misappropriation' in Section 69 of the Insurance Act, 2003?
The 'Error of Misappropriation' is the alleged undue importation of provisions from Section 10 of the Motor Vehicles Third Party Insurance Act, 1950, into Section 69 of the Insurance Act, 2003, without adequately considering the general scope of the latter and that provision originally intended to protect third parties in motor insurance claims.
How does Section 69 relate to third-party interests in insurance claims?
Section 69 is argued to be derived from legislation intended to protect third parties in motor insurance. However, its broader application under the Insurance Act, 2003, raises questions about its relevance in insurance contracts without third-party involvement.
What is the main critique of Section 69(3)(b) of the Insurance Act, 2003?
Section 69(3)(b) is criticized for potentially allowing insurers to avoid liability for reasons not explicitly stated in the policy, which could undermine the policy’s enforceability and fairness.
What are the conditions under which an insurer is NOT compelled to pay a claim under Section 69?
According to the document, an insurer may not be compelled to pay if: they weren't notified of the legal proceedings within 7 days of commencement; the execution of the judgment is stayed, or is under appeal; the policy was cancelled by mutual consent/under a policy term before the event occurred; the certificate of insurance was surrendered before the event occurred; the insurer obtains a declaration to avoid the policy within three months from legal proceedings based on misrepresentation or non-disclosure; or the insurer avoids the policy with justifiable reasons outside policy provisions.
What does the document recommend regarding Section 69 of the Insurance Act, 2003?
The document recommends revisiting and amending Section 69 to clarify its language, particularly concerning the "Error of Legislative Paradox," and re-evaluating its scope to ensure its appropriate application across various insurance contexts, especially in cases without third-party interests.
- Quote paper
- Obinna Ilechukwu (Author), 2016, Nigeria's Insurance Act of 2003. The True Import of Section 69 and its Legislative Paradox, Munich, GRIN Verlag, https://www.grin.com/document/334838