Earlier this morning, we were delighted to join
@IraUganda for the 66th CEO Breakfast Meeting, where Hon. Justice Ocaya Thomas shared key insights on the most common insurance disputes and the lessons they present for our industry.
In his remarks, he clarified that the Commercial Court is no longer the first point of entry for insurance disputes. Such matters must first be heard by the Insurance Appeals Tribunal (or the Tax Appeals Tribunal), and only appeals from these bodies can proceed to the Commercial Court.
He explained that disclosure is now a reciprocal duty, requiring both insurers and insureds to act in utmost good faith throughout the policy period. He further emphasized that the standard of proof for insurance defences, especially fraud, is high and must be backed by clear, convincing evidence.
He identified recurring sources of disputes, including ambiguous policy wording, challenges around notification, delays in claims handling, inconsistent documentation, allegations of fraud, and poor diligence in prosecuting matters. He also cautioned that the Commercial Court will reject matters filed directly unless they are appeals and warned against third parties suing insurers before liability is established against the insured.
For the broking fraternity, these insights reinforce our critical role in accurate client advisory, ensuring full disclosure at policy inception, and supporting clients through proper claims procedures to prevent unnecessary disputes.
Together, we can drive a more transparent, client-centric, and dispute-free insurance ecosystem.
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