We have recently seen articles and communications, suggesting that Motor Insurers can repudiate a Motor insurance claim if the accident occurs during the Government curfew hours.

We cannot speak for the whole industry, but we can for clients of JWS who insure with our partner Insurers. It is simply an inaccurate and non-factual statement.

In the insurance ‘World’ insurance covers are explained and detailed in what is known as the ‘Policy Document’. It is a binding legal agreement between Insurers and the Policyholder and will have details of what is included and excluded. For example, it will often state that you are covered in the event of ‘accidental damage to your vehicle’. As such if you have an ‘accident’ then the damage is covered. However, many local Kenya policies will have an exclusion that states that ‘if the driver was under the influence of alcohol or drugs at the time’, then the policy excludes loss or damage. Very clear and straightforward.

We have not yet seen any Insurer endorse a Motor policy, saying that if you drive your vehicle at a particular time of day or night, that you will be excluded, although, of course, you may have a few answers you have to give out to the Police!

If anyone has any questions or concerns on this, please do not hesitate to contact us.