Insurance disputes in Kenya typically arise at the point of claim: delayed settlement, partial payment, repudiation, or disagreement over policy interpretation. Our insurance law practice acts for corporate policyholders, insurers, and intermediaries, advising on policy wording, claims handling, and disputes before Kenyan courts and the Insurance Regulatory Authority (IRA).
What our insurance law practice covers
- Policy review and drafting: property, motor, marine, liability, and life products
- Claims advice and negotiation for corporate policyholders
- Defence of insurers against contested claims
- Disputes over repudiation, cancellation, and non-disclosure allegations
- Regulatory compliance advice under the Insurance Act and IRA guidelines
- Litigation and arbitration of insurance disputes
What is the time limit for an insurance claim dispute in Kenya?
Contractual claims against an insurer are generally subject to the six-year limitation period under the Limitation of Actions Act (Cap 22), running from the date of breach, typically the repudiation or failure to pay. Policies often impose shorter contractual notification periods, so prompt advice is important. The Insurance Act also contains provisions on the settlement timeline for certain classes of claims.
Can an insurer repudiate a claim for non-disclosure?
An insurer may avoid a policy for material non-disclosure or misrepresentation, but Kenyan law requires the non-disclosure to be material to the risk, and the burden rests on the insurer to establish it. Courts examine the proposal stage documents, the questions actually asked, and the knowledge reasonably attributable to the parties. We advise both policyholders facing repudiation and insurers assessing avoidance.
Illustrative examples
The examples below describe typical situations and the kind of work usually involved. They are illustrations only: they are not client matters, not descriptions of results, and not a prediction of how any particular matter would be handled.
- Example one: a property claim paid only in part. A business receives a partial payment on a property damage claim and disagrees with the insurer’s assessment. The work usually involves reviewing the policy wording, comparing it with the loss adjuster’s report, and advising on the insurer’s stated basis and the next step.
- Example two: an allegation of non-disclosure. An insurer alleges that material information was not disclosed at proposal stage and seeks to avoid a policy. The work usually involves examining the proposal documents, the questions actually asked and the information the insurer is relying on, and advising on the response.
Talk to an advocate about your insurance matter
Book a confidential consultation with our Westlands office, we will review your policy and claim file, explain the insurer’s stated grounds, and set out the realistic options and timelines.
We will call you back within one business day. If the matter is urgent, call the switchboard on +254 20 80 93 000.
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