ADVOKS GLOBAL · KENYA
Insurance Act
106. Lost policies
Edition: 2023-12-11 · In force
106. Lost policies
(1)Where an insured person claims that the policy (in this section referred to as "the original policy") is lost or has been destroyed, the insurer liable under the original policy may, subject to this section, upon application by that person and upon such evidence as to the loss or destruction of the original policy as the insurer deems sufficient, issue to the applicant a special policy in substitution for the original policy.(2)A special policy shall—(a)be a copy, as nearly as can be ascertained, of the original policy in substitution for which it has been issued;(b)contain copies of every endorsement on the original policy registered by the insurer; and(c)state the reason for the issue of the special policy.(3)Before issuing a special policy the insurer shall, if the amount insured, exclusive of bonus additions in the case of a policy of long term insurance, exceeds one hundred thousand shillings, require the policyholder or beneficiary to swear an affidavit regarding the loss of the original policy.(4)The expenses of advertisement and all other costs of the issue of a special policy shall be paid by the applicant at the time of application.(5)The fact of the issue of a special policy and the reason for its issue shall be recorded by the insurer in the register of policies.(6)A special policy shall be valid and available for all purposes for which the original policy in substitution for which it has been issued would have been valid and available and, after the issue of the special policy, the original policy in substitution for which it has been issued shall be void.(7)If the insurer fails to issue a special policy within six months of an application in writing from the insured person, the Commissioner may, upon application and upon such evidence as to the loss or destruction of the original policy as the Commissioner deems sufficient, order the insurer, upon such terms and within such time as the Commissioner thinks fit, to issue a special policy.