Insurance Insurance-This Is An Undertaking or Contract Between An Individual or Business and An Insurance An
Insurance Insurance-This Is An Undertaking or Contract Between An Individual or Business and An Insurance An
-Fire outbreak
-Accidents
-Thefts
-Deaths
-Disabilities
-Risks are real and unforseen.Methods to eliminate such risks has achieved very little and thus has
necessitated the need for insurance.
Importance of insurance
1. Continuity of business
Every business enterprise is exposed to a variety of risks e.g. fire, theft e.t.c.The occurrence of such risks
often result in financial losses to the business. Insurance provides adequate protection against such risks
in that, if a trader suffers losses as a result of insured risk, she/he is compensated, thus he/she is able to
continue with business operations.
2. Investment projects
Insurance enables investors to invest in profitable yet risky business projects that would otherwise
avoided.
Not all the money received as premiums (by the insurance companies) is used up for compensation to
those who have been exposed to risk and suffered losses. The rest of the money is invested in other
businesses to earn profits.
3. Creation of employment
4. Government policy
The profits earned are a source of revenue for the government i.e. insurance companies are profit-
making organizations which generate revenue to the government through payments of taxes
5. Credit facilities
The insurance industry have also established credit or lending facilities which the business community
uses by borrowing. Loans are made available to the public for different investment projects in different
sectors of the economy and also for personal requirements.
6. Development of infrastructures
The insurance industry plays a crucial role in the development of urban facilities in major towns. Both
residential and office buildings have been developed by insurance firms. The firms also participate in
development projects in the areas where they operate. They contribute to development of a region by
constructing and infrastructural facilities
7. Life policies can be used as security for loans from either the insurance company or other
financial institutions.
8. Provision of life and general insurance policies encourages Kenyans to plan ahead for their
dependants thereby reducing the number of needy future students.
9. Loss prevention-The insurance companies encourage the insured not to cause accidents thus
channeling the unclaimed resources into the economy.
The insurance business relies on the law of large numbers in its operations. According to this law, there
should be a large group of people faced with similar risks and these risks spread over a certain given
geographical area.
Every person in the group contributes at regular intervals, small amounts of money called premium into
a “common pool”. The pool is administered and controlled by the insurance company.
i) The fact that risks are geographically spread ensures that insurance does not have a
concentration of risks in one particular area.
ii) The law of large numbers enables the insurance to accurately estimate the future probably
losses and the number of people who are likely to apply for insurance. This is done in order
to determine the appropriate premiums to be paid by the person taking out insurance.
Pooling of risks
The insurance operation is based on the theory that just a few people out of a given lot may suffer a
loss. There is therefore a “pooling of risks” i.e the loss of the unfortunate few is spread over all the
contributors of the group, each bearing a small portion of the total loss. This is why the burden of loss is
not felt by the individuals because it is “shared” by a large group.
i) Pooling of risks enables an insurance company to create a common pool of funds from the
regular premiums from different risks.
ii) It enables the insurance company to compensate those who suffer loss when the risks occur
iii) The insurance company is able to spread risks over a large number of insured people
iv) Surplus funds can be invested in for example, giving out loans or buying shares in real estates
v) It enables the insurance company to meet its operating costs by using the pool funds
vi) It enables the insurance company to calculate to be paid by each client
vii) It enables the company to re-insure itself with another insurance company.
Insurance
This is a written contract that transfers to an insurer the financial responsibility for losses arising from
insured risk.
Premium
This is the specified amount of money paid at regular intervals by the insured to the insurer for coverage
against losses arising from a particular risk.
Risk
These are perils or events against which an insurance cover is taken. It is the calamity or problem a
person or business faces and results into losses.
Note: The calculation of premiums depends upon the type of risk insured against. The higher the
probability of the risk occurring, the higher the premium. The more the risks the business or person is
exposed to the more the premiums payable.
Pure risk
This is a risk which results in a loss if it occurs and results in no gains if it does not occur. For example, if
a car is involved in an accident, there will be a loss and if the accident does not occur there will be no
gain or loss
Speculative risk
This is a risk which when it occurs, may result in a loss or a profit. For example, a person may buy shares
at ksh.50 each, one year later the shares may be valued at ksh40 each meaning a loss of ksh.10
Alternatively, their value might not have changed or might have increased to ksh.45 each. Speculative
risk lures people to venture into business in the first place.
Insured
This is the individual or the business that takes out the insurance cover and therefore becomes the
policy holder
The insured pays premiums to the insurance company to be compensated should the risk insured
against occur or cause loss.
Insurer
This is the business company that undertakes to provide cover or protection to the people who suffer
loss as a result of occurrence of risks
Actuaries
These are people employed by an insurance company to complete expected losses and calculate the
value of premiums.
Claim
This is a demand by the insured for payment from the insurer due to some loss arising from an insured
risk.
Policy
This is a document that contains the terms and conditions of the contract between the insurer and the
insured. Its issued upon payment of the first premium.
Actual value
Sum insured
This is the value for which property is insured, as stated by the insured at the time of taking the
policy.
Surrender value
This is the amount of money that is refunded to the insured by the insurer incase the former(i.e. the
insured) terminates payment of the premiums before the insurance contract matures. The policy
holder is paid an amount less than the total amount of the premium paid.
Grace period
This is term allowed between the date of signing the contract and the date of payment of the first
premium. During this period the insurance contract remains valid. This period is usually a maximum
of thirty (30) days.
Proposer
This is a document given by the insurance company to an insured on payment of the first premium
while awaiting for the policy to be processed. It is proof of evidence that the insurer has accepted to
cover a proposed risk.
Annuity
This is a fixed amount of money that an insurer agrees to pay the insured annually until the latter’s
death. It occurs when a person saves a lumpsum amount of money with an insurer in return for a
guaranteed payment which will continue until he/she dies.
Consequential loss
This is loss incurred by a business as a result of disruption of business in the event of the insured risk
occurring.
Assignment
This is the transfer of an insurance policy by an insured to another person. Any claims arising from
the transferred policy passes to the new policy holder called an assignee
Beneficiaries
These are people named in a life assurance policy who are to be paid by the insurer in the event of
the insured
Nomination
This is the act of designing one or more people who would be the beneficiaries in the event of death
of the insured. These people are called nominees
Average clause
This clause is usually included in policies to discourage under-insurance. The clause provides that the
insured can only recover such proportions of the loss as the value of the policy bears on the
property insured. It is usually included in marine or fire insurance policies.
Value of property
Example:
If a house worth kshs.800,000 and insured against fire for kshs.600,000 was damaged by fire to the
tune of kshs.400,000,the insured would be compensated;
This is taking of insurance policies with more than one company in respect to the same subject matter
and the risk. It is significant because if one of the insurers is insolvent at the time the claim arises the
insured can enforce his/her claim against the solvent insurer or if both insurers are solvent then they
share compensation.
(Insolvency is a state where a business is not able to pay all its liabilities from its existing assets)
Co-insurance
This is an undertaking by more than one insurance company to provide insurance cover for the same
risk for an insured. This will usually occur for properties that have great value and face great risk
exposures that an insurer cannot successfully make compensation for e.g. value of aeroplanes, ships
e.t.c
Co-insurance help spread risks to several insurers, each insurer covering only a certain proportion of the
total value. The insurance company with the largest share is called the “leader” and acts on behalf of all
the participating insurance companies’ e.g. in collecting premiums from the insured and carrying out
documentation work, making claim after collecting each insurers premium contribution e.t.c
Re-insurance
‘Re-insurance’ means insuring again. This is a situation where an insurance company insures itself with a
bigger insurance company called le-insurer for all or part of the risks insured with it by members of the
public
Note:
Re-insurance deal with the protection of insurance companies only, while insurance companies protect
individuals and business organizations.
Factors that may make it necessary for an insurance company to Re-insure
i. Value of property-When the value of property is great, such as ship, the risk is too high to be
borne by a single insurer
ii. High risk of loss-When chances of loss through the insured risks are high, it becomes necessary
to re-insure.
iii. Number of risks covered-When the insurance company has insured many different risks, it
would be too costly to compensate many claims at once, hence the need for re-insurance
iv. Need to spread the risk-When the insurance company wishes to share liability in the event of a
major loss occurring
v. Government policy-The government may make a legal requirement for an insurance company
to re-insure
Under-insurance
This occurs when the sum insured as contained in the policy is less than the actual value of the property
e.g. A property of shs.500, 000 can be offered for insurance as having a value of shs.400, 000
Over-insurance
This is a situation where the sum insured is more than the correct value of property e.g. a person insures
property of shs.300,000 for shs.600,000.If total loss occurs, he is compensated the correct value of the
property i.e. that which he has lost
Agents
These are people who sell insurance policies on behalf of the insurance company. They are paid on
commission that is dependent upon the total value of policies sold
Insurance Brokers
These are professional middlemen in the insurance process. They connect the people wishing to take
insurance with the insurers. They act on behalf of many different insurance firms, unlike agents. Their
activities include:
PRINCIPLES OF INSURANCE
Principles of insurance provide guidance to the insurance firms at the time they are entering into a
contract with the person taking the cover. These insurance principles include:
i. Help to determine whether a valid insurance contract exists between the two parties at the time
claims are made.
ii. Provide checks and controls to ensure successful operations of insurance for the benefit of both
the parties
It is therefore important that a prospective insured (person wishing to take insurance policy) has
basic knowledge of these principles as stated in the insurance law.
i) Insurable Interest
This principle states that an insurance claim cannot be valid unless the insured person can prove
that he has directly suffered a financial loss and not just because the insured risk has occurred.
Going by this principle one cannot insure his parents or friends or other people’s property since
he/she has no insurable interest in them. If such properties are damaged or completely destroyed,
he/she will not suffer any financial loss.
For example, Mr.x has no insurable interest in the property of his neighbours.He does not suffer any
financial loss should they be destroyed. This principle ensures that people are not deliberately
destroying other people’s properties/life in order for them to receive compensation.
In life insurance (life assurance) it is assumed that a person has unlimited interest in his/her own
life. Similarly it is assumed that one has insurable in the life of spouse and children e.g. a wife may
insure the life of her husband, a father the life of his child because there is sufficient insurable
interest.
ii) Indemnity
The essence of this principle is that the insurer will only pay the “replacement value” of the property
when the insured suffers loss as a result of an insured risk.
This principle thus puts the insured back to the financial position he enjoyed immediately before the
loss occurred.
It is therefore not possible, then, for anybody to gain from a misfortune by getting compensation
exceeding the actual financial loss suffered as this will make him gain from a misfortune.
This principle does not apply in life assurance since it is not possible to value one’s life or a part of
the body in terms of money. Instead, the insurance policy states the amount of money the insured
can claim in the event of death.
In this principle the person taking out a policy is supposed to disclose the required relevant material
facts concerning the property or life to be insured with all honesty. Failure to comply to this may
render the contract null and void hence no compensation.
e.g.
-A person suffering from a terminal illness should reveal this information to the insurer.
iv) Subrogation
This principle compliments the principle of indemnity. It does so by ensuring that a person does not
benefit from the occurrence of loss.
According to this principle, whatever remains of the property insured after the insured has been
compensated according to the terms of the policy, becomes the property of the insure.
Example
Assuming that Daisy’s car is completely damaged in an accident and the insurance compensates for
the full value of the loss, whatever remains of the old car (now scrap), belongs to the insurance
company
Scrap metal can be sold for some values and should Daisy take the amount she would end up getting
more amount than the value of the car which will be against the principle of indemnity.
Note: This principle cannot be applicable to life assurance since there is nothing to subrogate.
v) Proximate cause
This principle states that for the insured to be compensated there must be a very close relationship
between the loss suffered and risk insured i.e. the loss must arise directly from the risk insured or be
connected to the risk insured.
Example
i) If a property is insured against fire then fire occurs and looters take advantage of the
situation and steal some of the property, the insured will suffer loss from ‘theft’ which is a
different risk from the one insured against, so he/she will not be compensated.
However if the property burns down as a result of sparks from the fire-place, the proximate
cause of the loss is sparks which are directly related to fire. So the insured is entitled for
compensation.
CLASSES OF INSURANCE
Insurance covers are mainly classified into two,
1. Property (non-life) general insurance
2. Life assurance
1. Life Assurance
The term assurance is used in respect of life contracts. It is used to mean that life contracts are not
contracts of indemnity as life cannot be indemnified i.e. put back to the same financial position he was
in before the occurrence of loss.(life has no money value, no amount of money can give back a lost or
injured life)
Life insurance (assurance) is entered by the two parties in utmost good faith and the premiums payable
in such life contracts depend on:
i) Age; The higher the age the higher the premiums as the age factor increase the chances of
occurrence of death.
ii) Health condition; A person with poor health i.e. sickly person pays higher premiums as
opposed to one in good health.
iii) Exposure to health risks; The nature of a person’s occupation can make him susceptible to
health problems and death.
Types of policies
i) Whole life assurance-In whole life assurance, the assured pays regular premiums until
he/she dies. The sum assured is payable to the beneficiaries upon the death of the assured.
-Whole life assurance covers disabilities due to illness or accidents i.e. if the insured is
disabled during the life of the policy due to illness or accidents, the insurer will pay him/her
for the income lost.
This is whereby the insured pays regular premiums over a specified period of time. The sum assured is
payable either at the expiry of the period (maturity of policy) or on death of the insured, whichever
comes first.
The insured, at expiry of policy is given the total sum assured to use for activities of his own
choice.(ordinary endownment policy)
-Where the insured dies before maturity of contract, the beneficiaries are given these amounts.
Note; The assured person may be paid a certain percentage of the sum assured at intervals until the
expiry of the policy according to the terms of contract. Such an arrangement is known as Anticipated
Endownment policy.
ii) Premiums are paid throughout the Premiums are paid only during an
life of the assured agreed period
iii) Benefits go to the dependants The assured benefits unless death
rather than the assured proceeds the expiry of the agreed
period
iv) Aims at financial security of Aims at financial security of the
dependants assured and dependants
iii)Term insurance
The insured here covers his life against death for a given time period e.g. 1yr, 5yrs e.t.c.
If the policy holder dies within this period, his/her dependants are compensated.
If the insured does not die within this specified period, there is no compensation.However, a renewal
can be taken.
v) Statutory schemes
The Government offers some types of insurance schemes which are aimed at improving/providing
welfare to the members of the scheme such as medical services and retirement benefits.
A member and the employer contribute, at regular intervals, certain amounts of money towards the
scheme.
Examples
1. N.S.S.F
2. N.H.I.F
3. Widows and children pension scheme (W.C.P.S)
Annuity
This type of insurance covers any form of property against the risks of loss or damage. A person can
insure any property he has an insurable interest in
i. Fire insurance/department
ii. Accident insurance/department
iii. Marine insurance/department
i) Accident insurance
This department covers all sorts of risks which occur by accident and includes the following;
a) Motor policies
-These provide compensation for partial or total loss to a vehicle if the loss results from an accident.
-Third party policies cover all damages caused by the vehicle to people and property other than the
owner and his/her vehicle. This includes pedestrians, fare-paying passengers, cows, fences and other
vehicles
In Kenya, a motor-vehicle owner is required by law to have this policy before the vehicle is allowed on
the roads. One can also take a third party, fire and theft policy.
Comprehensive policy covers damages caused not only to the third party but also to the vehicle itself
and injuries suffered by the owner. Comprehensive policies include full third party, fire, theft and
malicious damage to the vehicle.
-These policies are issued by insurance companies to protect the insured against personal accidents
causing;
-If death occurs due to an accident, the insured’s beneficiaries are paid the total sum assured.
In case of a partial or total disability as a result of accident, the insured can be paid on regular periods,
e.gmonthly as stipulated in the policy.
Compensation for injuries where one loses a part of his/her body can be done on a lumpsum basis.
The insured is also paid the value of hospital expenses incurred if hospitalized as a result of an accident.
These are policies that specifically provide cover for loss of cash and goods in transit between any two
locations.
E.g. Goods and cash moved from business to the markets, from suppliers to business e.t.c
d) Burglary and Theft policies
Burglary policies are enforceable only if the insured has met the specified safety and precautionary
measures for protection of the insured items.
NB: The control measures are aimed at reducing both the extent and probability of loss occurring
These policies cover the employers against loss of money and/or goods caused by their employees in
the cause of duty.
These policies provide compensation for employees who suffer injuries in the course of carrying out
their duties.
The employer insures his employee against industrial injuries i.e the employer is only liable for the
compensation of workers who suffer injuries at work.
f) Public liability
This insurance covers injury, damages or losses which the business or its employees cause to the public
through accidents.
The insurer pays all claims from the public upto an agreed maximum
g) Bad debts
This policy covers firms against losses that might result from debtor’s failure to pay their debts.
iii)Marine Insurance
This type of insurance covers ships and cargo against the risk of damage or destruction at the sea. The
main risks sea vessels are exposed to include; fire, theft, collision with others, stormy weather, sinking
e.t.c
a) Marine Hull
This policy covers the body of the ship against loss or damage that might be caused by sea perils.
A special type of marine hull is the part policy, which is for a specified period when the ship is loading,
unloading or at service.
b) Marine Cargo
This type of policy covers the cargo or goods carried by the ship
The policy is taken by the owners of the sea vessels to cover the cargo being transported. It has the
following sub-divisions.
i. Voyage policy-Here cargo and ship are insured for a specific voyage/journey. The policy
terminates automatically once the ship reaches the destination.
ii. Time policy-Here insurance is taken to cover losses that may occur within a specified period of
time, irrespective of the voyage taken
iii. Fleet policy-This covers a fleet of ships,i.e several ships belonging to one person, under one
policy.
iv. Floating policy-This policy covers losses that may occur on a particular route, covering all the
ships insured along that route for a specified period
v. Mixed policy-This policy provides insurance for the ship and cargo on specified voyages and for
a particular period of time. No compensation can be made if the ship was on a voyage different
from the ones specified even if time has not expired
vi. Composite policy-This is where several insurance companies have insured one policy of a
particular ship especially when the sum insured is too large to be adequately covered by one
insurer.
vii. Construction policy/builders policy-This covers risks that a ship is exposed to while it is either
being constructed, tested or being delivered.
c) Freight policy-This is an insurance cover taken by the owner of the ship for compensation
against failure to pay hiring charges by a hirer of the ship.
d) Third parties liability-This is an insurance policy taken by the owner of the ship to cover claims
that might arise from damage caused to other people’s property.
i. Total loss,
This occurs where there is complete loss or damage to the ship and cargo insured. Total loss can be
constructive or actual.
In Actual total loss, the claims are as a result of the ships and/or cargos complete destruction. It
could also occur;
-When a ship and its cargo are so damaged that what is salvaged is of no market value to both the
insurer and the insured.
-When a ship is missing for a considerable period of time enough to assume that it has sunk.
-Constructive total loss occurs when the ship and/or cargo are totally damaged but retrieved. It may
also occur;
-Where a ship and its cargo are damaged but of market value. This could be as a result of decision to
abandon the ship and cargo as the probability of total loss appears imminent.
-If the cost of preventing total loss may be higher than that of the ship and its cargo when retrieved
e.g many lives may be lost in the process of trying to prevent total loss.
ii) General average-This is a loss that occurs as a result of some of the cargo being thrown into
the sea deliberately to save the ship and the rest of the cargo from sinking. The losses made
are shared by the ship owners and the cargo owners proportionately as the effort was in the
interest of both.
iii) Particular average-This occurs where there is a partial but accidental loss to either the ship
or the cargo. When this happens each of the affected party is soldy responsible for the loss
that has occurred to his property. A claim can, however be made if the loss incurred
amounts to more than 3% of the value insured.
Fire insurance-This type of insurance covers property damage or loss caused by accidental
fire. Cover is offered to domestic commercial and industrial premises, plant and machinery,
equipment, furniture fittings stock e.t.c
-In order to claim for compensation as a result of loss by fire, the following conditions must
be fulfilled;
Fire must be accidental
Fire must be immediate cause of loss
There must be actual fire.
There are several types of types of fire insurance policies. These include;
a) Consequential loss policy;(profit interruption policy)
This covers or compensates the insured for the loss of profit suffered when business operations have
b) Sprinkler leakage policy-This provides cover against loss or damage caused to goods or
premises by accidental leakages from fire fighting sprinklers
c) Fire and Related perils policy-This covers buildings which include factories, warehouses, shops,
offices and their contents. The policy does not cover loss of profit arising from fire damage.
i) Notification to the insurer-The insurer has to be notified about the occurrence of any incident
immediately.
ii) Filling a claim form-The insurer provides the insured with a claim form which he fills to give
details of the risk that has occurred
iii) Investigation of the claim-The insurer arranges to investigate the cause of the incident and to
assess the extent of the loss incurred. The insurer is then able to establish whether the insured
is to be compensated and if so, for how much.
iv) Payment of claim-On receipt of the report of the assessor, the insurer pays the due
compensation to the insured. (Payment of the compensation shows that both the insurer and
the insured have agreed on the extent of the loss and the payment is the settlement of the
claim)
In most cases, insurance is erroneously taken to be the same as gambling in that small amounts are
contributed by many people into a common fund which later benefits just a few people. They are
however different and their differences include;
Insurance Gambling
-The insured must have insurable interest -A gambler has no insurable interest
-Reinstates the insured back to the financial -Aims at improving the winners financial position
position just before loss
-The insured is expected to pay regular premiums -Gambling money is paid only once
for the insurance cover to remain in force
-Insurance involves pure risks -Gambling involves speculative risks
-The event of loss might never occur -The event of bet must happen to determine the
winner and the loser.