Insurance Claims Lawyers in Nairobi | Policy Advice & Disputes

Start with the policy schedule and the full policy wording, the completed claim form, proof that the event happened, evidence that you owned or held an insurable interest in what was lost, an itemised statement of the loss with valuations or receipts, and every piece of correspondence with the insurer. The exact list depends on the policy and the type of claim, and the policy will usually set out conditions you must meet. It is worth assembling this before you notify, because early omissions are hard to repair later. See documents to gather before notifying a claim.

Kenyan insurance regulation prescribes response timelines for claims and for requests for further information, and an insurer that fails to respond within them can face regulatory consequences. In practice, delays often arise from requests for information the insurer is entitled to make, so the paper trail of what was asked and when it was supplied matters. If a claim has gone quiet, a written chronology and a formal follow-up is usually the right first step. See your rights when a claim is repudiated.

Underinsurance arises where the sum insured is less than the value at risk. Where a policy contains an average clause, a partial loss can be reduced in proportion to the shortfall, so a business can find it recovers well under half of a modest claim. The effect is often a shock at claim stage, because the sum insured was set years earlier and never indexed. Reviewing the declared values against current replacement cost is one of the most valuable exercises a business can do. See accident insurance dispute resolution.

It can, but only where the non-disclosure is material and the insurer can properly rely on it. The test is whether a prudent insurer would have wanted to know the fact and whether it would have affected the terms. There is a difference between an innocent omission, an incomplete answer to a specific question, and a deliberate concealment, and the consequences differ. Insurers sometimes decline on grounds that do not withstand scrutiny, which is why the proposal form and the exact question asked matter. See when an insurer repudiates a claim and accident insurance disputes.

No. A loss assessor’s report is evidence, not a binding determination, and it can be challenged with your own evidence of value such as receipts, invoices, market valuations or a professional assessment. Where the policy provides for an independent valuation or arbitration on quantum, that route may be available. The practical point is to gather your own valuation evidence early, while the assets themselves or their condition can still be inspected. See your rights when a claim is repudiated.