Your Motor Insurance Claim Won’t Be Rejected for Flouting Curfew Rules, Regulator Clarifies
Your insurance claim won’t be rejected for driving during curfew hours, the Insurance Regulatory Authority (IRA) clarified on Wednesday.
The Association of Kenya Professional Insurance Agents (AKPIA) had on Sunday warned motorists against flouting curfew rules saying doing so would render their insurance claims invalid.
*IMPORTANT INSURANCE INDUSTRY NOTICE*
*Insurance Companies/Agencies/Brokers, would like to inform you that driving past curfew hours without essential services authorization or valid emergency reasons could render your motor insurance claim invalid*
*Please AVOID DRIVING PAST pic.twitter.com/J4Gx8WPitH
— Akpia (@akpiakenya) March 28, 2021
The notice from insurance agents and brokers elicited an angry reaction from social media users who termed it as illegal.
But in a statement on Wednesday, IRA Chief Executive Officer (CEO) Godfrey Kiptum rubbished AKPIA’s notice, clarifying that motor insurance cover can not be waived during curfew hours.
“The motor vehicle insurance (motor vehicle private, motor vehicle commercial and motor vehicle (PSV) contract documents were standardized and came into effect on 1st February 2012. These are the approved documents for use by all companies transacting motor vehicle insurance,” said Kiptum.
Read: Driving During Curfew Hours Could Render your Insurance Claim Invalid, Insurance Agents Warn
“As per the approved and standardized motor insurance policy documents, driving past and during curfew hours is not an exclusion in the current motor vehicle insurance covers. As such, insurance companies cannot reject motor vehicle claims on the basis of timing.”
He noted that the Authority has not received any request to vary the general terms and conditions of motor insurance contract documents to include curfew requirements.
“Consequently, payment of any motor claims is subject to the existing contracts between the insureds (policyholders) and insurers (insurance companies),” he added.
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The CEO, however, encouraged motorists to obey curfew rules issued by President Uhuru Kenyatta last Friday.
In his State of the Nation Address, President Kenyatta announced a cessation of movement into and out of Nairobi, Kiambu, Machakos, Kajiado and Nakuru, further reviewing curfew hours in the regions to 8pm-4am.
Curfew hours in the rest of the 42 counties remain 10pm to 4am.
“While claims incurred during curfew hours are payable, citizens are encouraged to observe the Covid-19 containment measures issued by the government in its efforts to curb the spread of the disease,” Kiptum said.
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“Insurance companies are not charged with enforcing the Covid-19 containment measures. For those found contravening the set directives, relevant law enforcement agencies will take necessary action.”
Consumers who may experience any challenge with their insurer with regard to this matter have been advised to engage IRA for assistance.
IRA is a statutory government agency established under the Insurance Act (Amendment) 2006, CAP 487 of the Laws of Kenya to regulate, supervise and develop the insurance industry.
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