Insurance & Maritime Law
Protecting Capital: Expert Advice on Insurance Claims, Regulatory Compliance, and Marine Commerce
Insurance law manages financial risk, while Maritime Law governs global commerce via Kenya’s ports. Our firm provides essential legal expertise in both areas, helping clients navigate regulatory compliance under the Insurance Act, Cap 487 and resolving complex claims arising from shipping, cargo loss, and contractual disputes.
Key Aspects of Our Risk-Focused Practice:
We provide proactive advice on policy structure and aggressive representation in dispute resolution:
- Insurance Regulatory Compliance: We advise insurance companies, intermediaries, and corporate policyholders on compliance with the Insurance Act and the regulations set by the Insurance Regulatory Authority (IRA).
- Claims Litigation and Dispute Resolution: We represent clients (both insurers and policyholders) in disputes arising from denial of claims, delays in settlement, or disagreements over policy terms, utilizing the court system or ADR mechanisms.
- Marine Insurance: We advise on specialized policies covering risks related to sea transport, including cargo loss or damage (governed by the Carriage of Goods by Sea Act), hull insurance, and liability claims.
- Maritime Law and Shipping: We provide counsel on legal matters related to marine commerce under the Merchant Shipping Act, 2009, including liability arising from the Carriage of Goods by Sea, ship registration, and regulatory issues with the Kenya Maritime Authority (KMA).
Our Value Proposition: Specialized Protection for Commerce
| Commitment | Our Approach |
| Utmost Good Faith | We ensure adherence to the fundamental insurance principle of utmost good faith for both insurer disclosure and policyholder statements, minimizing risk of policy voidance. |
| Marine Commerce Security | We secure legal positions for clients engaged in import/export and shipping, particularly regarding liability, documentation (Bills of Lading), and maritime liens. |
| Effective Claim Pursuit | We aggressively pursue timely and fair settlement for clients whose valid insurance claims are wrongfully delayed or denied, utilizing litigation where necessary. |
Need Help? Common Insurance & Maritime Inquiries
- What should I do if my insurance claim is denied?
- Ans: We first review the policy and the denial grounds. If the denial is unwarranted, we guide you through the internal dispute resolution process mandated by the Insurance Regulatory Authority (IRA), escalating to court action if needed.
- Is Marine Cargo Insurance mandatory for imports into Kenya?
- Ans: Yes, local law requires all imports procured by Kenyan-based importers to be insured with companies licensed to conduct business in Kenya, affecting the CIF valuation.
- What is the legal limit for claiming cargo damage at sea?
- Ans: Claims for cargo damage or loss during sea transport are governed by the relevant maritime statutes (like the Carriage of Goods by Sea Act) and have strict one-year limitation periods from the date the goods were or should have been delivered.
- Can you review our commercial insurance policy before renewal?
- Ans: Absolutely. We review policies to ensure coverage adequately matches your business operations and to clarify complex terms, exclusions, and warranties.