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Insurance clause interpretation
tom_boy
#1 Posted : Friday, March 14, 2014 2:19:16 PM
Rank: Member


Joined: 2/20/2007
Posts: 767
This is to those with legal knowledge and experience in matters of Insurance in Kenya. I really need advice before I proceed on this issue so that I don't waste time and money.

I took an unit linked life and education policy 59 months ago but stopped paying after 36 months. I went the other day to demand my dues and I was told that I am entitled to receive only 30% value of the accumulated fund. I have a problem with that and I wish to get an independent interpretation of the following clause in the policy document and I quote;

"According to the law, a surrender value is only payable after a policy has been in force for 36 months. For this policy the company has decided that there shall be no refund in event of cancellation other than at policy delivery unless savings premiums for the policy have been paid for 24 months or more.

The following percentages of the accumulated fund will be payable to you thereafter:
- 25-36 months: 30%
- 37-48 months: 50%
- 49 months and more: 100%

Upon surrender, the policy becomes void and all other benefits cease."

My questions are:
1. in light of the statement above, are the percentages of the accumulated fund payable linked to the period of time the premiums were paid or are they linked to the life of the policy?

Keep in mind that under Kenyan law, non payment of premiums does not in itself make a life insurance policy void. This means that my policy did not end when I stopped paying premiums.

They must find it difficult....... those who have taken authority as the truth, rather than truth as the authority. -G. Massey.
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