Browsing by Author "Kalape, Francis"

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    Uberrimae fidei and the protection of policy holders against malpractices by insurance agents law and practice with specific reference to Tanzania
    (The university of Dar es Salaam, 2013) Kalape, Francis
    The rule, technically known as Uberrimae fidei, is very fundamental as far as insurance contracts are concerned. Despite its role in such contracts, the application of the rule has caused a number of problems to the insured; in this case the target is malpractices by insurance agents. This paper reveals the unfortunate truth that the problems encountered by innocent insurance proposers, pertaining to malpractices by insurance agents, are root-based in the insurance legal regime in Tanzania, which does not provide sufficient protection to the policy holder against misconduct (adverse acts of commission and omission) of insurance agents in their intermediation between the insurers and the insured. The law only gives redress to Insurers and Brokers to proceed against an agent or employee of an agent, or both, for the insurer or broker incurring an expense or liability which, but for the provision of the Act, the expense or liability would not otherwise have been incurred. It is argued that the Act1 in general was enacted with a liberal spirit largely in favour of investors who are insurance companies.2 Thus the Act fails to strike a balance between the interests of policy holders, insurers and insurance agents. As a result, the protection of the policy-holders, which is the ostensible primary objective of the Act,3is compromised in this regard.