Analysis Of The Basic Principles Of Insurance Under The Nigerian Law Of Insurance

Project and Seminar Material for Insurance

Analysis Of The Basic Principles Of Insurance Under The Nigerian Law Of Insurance


Every human being is faced with the possibility that one or more of the hazards which form part of life will sooner or later befall him and which may cause him pecuniary loss. This misfortune is uncertain as to time or period it will occur and this among others include: fire outbreak, accident or even death. It could be seen that all those are beyond human control as their occurrence cannot be controlled by the individual. For example, the family bread winner knows it is beyond his control to prevent death from coming his way. This therefore necessitates the need to take out insurance policy which suites every occasion.

Very few persons really take the trouble to read through their insurance policies in order to ascertain and note the terms and conditions of the insurance well in advance of a claim. Of the few who bother to read through the policies, only a small proportion of them actually understand them. The result is that when a claim arises and it is found that the particular loss is not covered by the terms of insurance contract, there is always the tendency to blame it all on the insurance company. There might, of course, be some ‘black sheep’ amongst the insurers, but a lot of this unpleasantness is due to a lack of understanding of the terms of insurance contracts generally.

The essence of this study therefore is to eliminate or at least to minimize such misunderstandings by stating the ‘rules of the game’ not only for the parties to the transactions but for those who may in the future decide to take an insurance policy.

Table of Contents

Chapter One

General Introduction

  • 1.0.0 Introduction
  • 1.1.0 Background to the Study
  • 1.2.0 Aims and Objectives of Study
  • 1.3.0 Focus of Study
  • 1.4.0 Scope of Study
  • 1.5.0 Methodology
  • 1.6.0Literature Review
  • 1.7.0 Definition of Terms (If Any
  • 1.8.0 Conclusion

Chapter Two

Nature and Definition of Insurance

  • 2.0.0 Introduction
  • 2.1.0 Definition of Insurance
  • 2.2.0 Historical Framework of Insurance
  • 2.3.0 Nature of Insurance Contract
  • 2.4.0 Statutory Regulation of Insurance Law
  • 2.5.0 Conclusion

Chapter Three

The Basic Principles of Insurance Under the Nigerian Law of Insurance

  • 3.0.0 Introduction
  • 3.1.0 Insurable Interest
  • 3.1.1 Definition of Insurable Interest
  • 3.1.2 Nature of Insurable Interest
  • 3.1.3 Necessity of Insurable Interest
  • 3.1.4 Effect of Lack of Insurable Interest
  • 3.1.5 Time for Insurable Interest
  • 3.1.6 Insurable Interest as a Measure of Recovery
  • 3.2.0 Utmost Good Faith
  • 3.2.1 Material Facts
  • 3.2.2 Exceptions to the Principle of Utmost Good Faith
  • 3.2.3 Disclosure to Agent of Insurer
  • 3.2.4 Disclosure and Proposal Form
  • 3.2.5 Duration of Disclosure
  • 3.3.0 No Premium, No Policy’
  • 3.3.1 Premium
  • 3.3.2 The Policy
  • 3.3.3 Conclusion

Chapter Four

Indemnity, Subrogation and Proximate Cause as Other Principle of Insurance

  • 4.0.0 Introduction
  • 4.1.0 Indemnity
  • 4.1.1 Definition of Indemnity
  • 4.1.2 Principles of Indemnity
  • 4.1.3 Method of Providing Indemnity
  • 4.1.4 Market Value Test
  • 4.1.5 Liability of Insurer
  • 4.2.0 Subrogation
  • 4.2.1 The Principle of Subrogation
  • 4.2.2 Limit to the Basis of Subrogation
  • 4.2.3 Legal Basis of Subrogation
  • 4.2.4 Time For Subrogation
  • 4.2.5 Modification of the Principle of Subrogation
  • 4.3.0 Proximate Cause
  • 4.3.1 Definition of Proximate Cause
  • 4.3.2 Application of Proximate Cause
  • 4.3.3 Excepted Perils
  • 4.4.0 Conclusion

Chapter Five

General Conclusion

  • 5.0.0 Conclusion
  • 5.1.0 Recommendation
  • 5.2.0 Bibliography
  • Articles in Journal
  • Books
  • Newspaper Report

Table of Cases


  • Harwood v. Prudent Insurance Co. (1961) DLR 715.


  • Adefuye v. Royal Exchange Assurance (1962) LLR 43
  • Adeoye v. West African Insurance Ltd (1970) N.C.L.R 409
  • Akpata and Anor. V. African Alliance Insurance Co. Ltd (1969) F.N.L.R. 111
  • Babalola v. Harmony Insurance Co. Suit No/166/81 of 14/1/82, Ibadan
  • Bamidele v. Nigeria General Insurance Co. Ltd (1973) UILR pt 4,418
  • British India General Insurance Co. Ltd v Kalla (1965) NLR 347
  • C.B Ltd v. Nwokocha (1998) 9 NWLR 98
  • Charles Chima v. United Nigeria Insurance Co. Ltd (1972) E.C.S.L.R 808
  • Chellarams and Sons (NIG) Ltd v. The Nigeria National Slipping Line Ltd (1974) E.C.H.C.J/3/74NP
  • Co-operative and Commerce Bank Ltd v. Nwokocha (1998) 9. NWLR, (pt 564)
  • Emmanuel Oloruntade v. Umaru Dandodo (1976) 5 N.M.L.R. 165
  • Ezeigbo v. The Lion of Africa Insurance Co. Ltd (1966-67) 10 ENLR 180
  • Irukwu v. T.M.I.B (1997) 12 N.W.L.R (pt 531) 113
  • Liberty Insurance Co. Ltd v. John (1996)1 N.W.L.R (pt 423) 192 CA.
  • Lion of African Insurance Co. Ltd v. Scarship (NIG) Ltd (1967) N.C.L.R 317
  • Macaura v. Northern Assurance Company (1925) A.C 619
  • Northern Assurance Co. Ltd v. Idugbo (1966) 1 All NLR 88
  • Nicon v. Power & Industrial Independent Engineering Co. Ltd (1986) 1 NWLR pt 14 p. 1
  • Phoenix Assurance Ltd v. Olabode (1968) 2 All Comm. 7
  • Salomon v. Salomon (1892) A.C 23
  • Tabs Assurance Ltd v. Akwuzie Industries Nig Ltd (1995) 4 NWLR (pt 388)
  • West African Portland Cement Co. Ltd v. Adigun (2003) 12 NWLR (pt 535) 525 CA.

United Kingdom

  • Anderson v. Edie (1798) 1 B & P. 316
  • Associated Oil Caries Ltd v. Union Fire Insurance Society of Canton Ltd (1917) 2 KB 184
  • Bank of Montreal v. Dominion Gresham Guarantee & Casualty Co. (1930) A.C. 659.
  • Batatslkas v. Car Owner’s Mutual Ins. Co. (1970) 2 Lloyd’s Rep. 314.          Bawden v. London Edinburgh and GlassgowAssurance Co. (1892) 2 QB 534
  • Becker Gray v. London Assurance (1918) A.C. 101, 112.
  • BOAG v. Standard Marine Insurance Co. Ltd (!971) 2 K.B. 113.
  • British Maine Insurance Co. v. Jenkim (1900) 1Q.O 299 at 403
  • Bufe v. Turner (1916) 6 Tout 333
  • Burnard v. Rodochanachi (1882) 7 AC 333 at 379,
  • Carter v. Boehm (1766) 3 Burr 1905
  • Castellian v. Preston (1881) 1 Ch. D.I
  • Clements v. London v. North Western Railway (1894) 2 Q.B. 482 C.A Pp 13,
  • Dalby v. The Indian and London Life Assurance Co. (1854) 15 C.B 365
  • Durrell v. Bederly (1816) Holt N.P 283 at 286
  • Godfrey v. Brittannic Assurance Co. (1963) 2 Lloyd’s Rep 515
  • Gordon v. Gordon (1812) 3 Swan 408
  • Griffiths v. Fleming (1909) 1 K.B. 805 at P. 815
  • Hebdon v. West (!803) B & P. 579
  • Herne v. Poland (1922) 2 KB 364
  • Highland Ins. Co. Ltd v. Continental Ins. Co. (1987) 1 Lloyd’s Rep 109
  • Hobbs v. Marlowe (1977) 2 All E.R 241
  • Ionides v. Pender (1874) 10 QB 531
  • Joel v. Law Union and Crow Insurance (1908) 2 K.B 863
  • John Edwards and Co. v. Motor Union Insurance Co. Ltd (1922) K.B. 249
  • Lee v. Jones (1864) 17 K.B 482
  • Leppard v. Excess Insurance Co. Ltd (1979) 2 All E.R 668
  • Leyland v. Shipping and C.C Ltd v. Norwich Union Five Insurance Society Ltd (1918) All E.R. Rep. 443
  • Lucena v. Craufurd (1803) 127 E.R 858
  • M’Farlane v. Royal London Freendly Society (1886) 2 T.L.R. 755
  • Marsden v. City & Country Assurance Co. (1886) L.R1 CP 282
  • Meacock v. Bryant & Co. (1942) 2 All E.R. 661
  • MidLand Insurance Co. v. Smith (1881) 6 Q.B.D. 561
  • Monroe County v. Pigeon Key Historical Park Inc. (1994) Fla 3rd DCA 647d
  • Mourice v. Goldsbrough Mort and Co. Ltd (1939) A.C. 452, 64 Lloyd’s Rep 1
  • Mutual Life Ins. Co. New York v. Ontario Metal Products Co. Ltd (!925) AC 344
  • Prudential Insurance Company v. Inland Revenue Commissioner (1904) 2 K.B 658
  • Reed v. Royal Exchange (1795) p. Add Cas. 70;
  • Rivaz v. Gerrussi (1880) 6 QBD, 22 CA
  • Sadlers Co. v. Badcock (1743) 2 Atk 554
  • Samuel v. Pumas (1922) A.C. 431
  • Schoolman v. Hall (1951) 1 Lloyd’s Rep 139
  • Scottish Union National Insurance Co. v. Davis (1910) 1 Lloyd’s Rep. 1
  • Sun Insurance Office v. Clark (1912) A.C 443 at 460
  • Thomas v. Richard and Evans & Co. (!927) 1 K.B. 33
  • Yorkshire Insurance Co. Ltd v. Nisbet Shpping Co. Ltd (1962) 2 Q.B.D, 301

Table of Statutes


  • Companies Act 1968
  • Insurance Act 2003, N53 LFN vol. 7 2004.
  • Insurance Companies Act, 1961, N53 vol. 7 LFN 2004
  • Insurance Decree, 1997
  • Marine Insurance Act 1961
  • Motor Vehicle (Third Party Insurance) Act 1950
  • National Insurance Corporation Act 1969, N53 vol. 7 LFN 2004
  • Nigeria Reinsurance Corporation Act 1997, N53 Vol. 7 LFN 2004

United Kingdom

  • Life Assurance Act, 1774
  • Riot (Damage) Act, 1856

Interviews and Personal Communication

  • Remi Olowude, Executive Vice Chairman, Industrial and General Insurance (IGI) in an Interview with the Guardian; Thursday December 13, 2007 P. 45
  • The Nigeria Council of Registered Insurance Brokers (NCRIB) via its President, Chief Dede Ijere, while Lauding the Actions Taken by the National Insurance Commission (NAICOM) on Recapitalization Process at the December ed of NCRIM numbers evening in Lagos. The Guardian, Thursday, December 13, 2002 P. 45.

List of Abbreviations

  • A.C Appeal Cases
  • All Com All Commercial
  • All E.R All England Reports
  • E.R England Reports
  • ATK Atkyn’s Reports, Chancery
  • B and ALD Barnewall and Alderson
  • Burr Burrow
  • Ch.D Chancery Division
  • Co. Company
  • C.P Common Plea
  • DLR Dominion Law Reports
  • E.C.S.L.R or ENLR East Central State Law Reports
  • E.R England Reports
  • F.N.L.R Federal Nigeria Law Reports
  • Holt N.P Holt’s Reports, Nisi Prius
  • Ins. Insurance
  • K.B King’s Bench
  • Lloyd’s Rep Lloyd’s List Law Reports
  • L.L.R Lagos High Court Reports
  • L.R Law Reports
  • Ltd Limited
  • MLR Modern Law Report
  • N.M.L.R Nigeria Monthly Law Report
  • NWLR Nigerian Weekly Law Report
  • Par Paragraph
  • Q.B Queen’s Bench
  • QBD Queen’s Bench Division
  • T.L.R Times Law Reports
  • Swan Swanston
  • UILR University of Ife Law Reports

Chapter One

General Introduction

Due to the high level of illiteracy in the Nigerian society, many people are unaware of insurance policies. However, with the enactment of Insurance Decree[1], the awareness of insurance policies was enhanced. Thus, more people took steps to insure their properties or lives. Unfortunately, however, much as the high percentage of them normally end up unable to have their claims indemnified, either as a result of a breach of one insurance principle or another. These principles are numerous and they are the basis upon which insurance contracts are based. Failure to adhere to any of the principles may render an insurance contract void. The need to understand as well as having a second knowledge of the basic principles of insurance cannot be over emphasized.

These principles of insurance which are i) Insurable interest; ii) Utmost good faith/Duty of disclose; iii) Subrogation; iv) proximate cause; v) Indemnity; vi) ‘No Premium, No Policy’, are the bedrock of insurance contract, the absence of any of which the purpose of insurance will be defeated.

The purpose of insurance cannot be farfetched. This can easily be seen from the various definitions of insurance. Insurance contract has been defined in the case of PRUDENTIAL INSURANCE COMPANY V INLAND REVENUE COMMISSIONER[2], as

a contract whereby a person called the ‘insurer’ undertakes in return for the consideration called the premium to pay another person called the ‘assured’ a sum of money or its equivalent on the happening of a specified event

Insurance is an intricate economic and social device for the handling of risks to life and property. It is social in nature because it represents the various co-operations of various individuals for mutual benefits by combining together funds to reduce the consequence of similar risk.

Simply put, insurance is the placing back of a person who has suffered a loss in the same position he was before loss occurred. It aims to eradicate the consequence of a loss by not allowing the insured to suffer the consequential loss. However, as earlier stated, unless one meets the requirements of all the basic principles of insurance, he will be estopped from claiming under an insurance contract.

1.1.0 Background to the Study

Insurance law is reputed for its general principles, and the principles of indemnity is one of them, others are insurable interest, utmost good faith, subrogation, contribution and proximate cause. A principle denotes a general guiding rule, which does not include specific directions, which vary according to the subject matter.

The basic principles applicable to insurance law flow from the nature of insurance contract as conceived, many years ago, by Law Merchants and taken over by the Common Law. The principles are common to all classes of insurance, both life and nonlife and both marine and non-marine. By its nature, insurance contract postulates that a sum of money will be paid on the happening of the insured event by the insurers; however, the event must be uncertain.

The uncertainty related to whether the event will ever happen as in fire or accident insurance or as in life insurance where death is a necessary end to all human life, but the time of death is uncertain. In comparison with other areas of the law, there is no other law, which attracts the number of general principle s with deep-rooted effect as insurance.

1.2.0 Aims and Objectives of Study

The aim of this topic is to enlighten the general public about this area of insurance, which though seem insignificant yet is the basis of the insurance contract. This topic therefore aims to consider the position of the insurer as well as the insured. Also, the aims and objectives of this study is to eliminate or at least to minimize such misunderstandings by stating the ‘rules of the game’ for the benefit of the parties taking part in the insurance contract or transaction.

1.3.0 Focus of Study

This project focus mainly on the basic principles of insurance under the Nigerian Law of Insurance, how it affects insurance policies, how this effects can be minimized as well as a determination of when an insured is entitled to claim and when he is not based on these principles.

1.4.0 Scope of Study

The scope of this study is within the Nigerian Law of Insurance. The areas to be covered inter-alia include the analysis of the basic principles of insurance which consist of

Insurance Interest, Utmost Good Faith, disclosure and Proposal, form, the Premium Policy, indemnity, Subrogation and Proximate cause, as it relates to the contract of insurance under the Nigerian Law of Insurance.

1.5.0 Methodology

The style to be adopted in this essay will be expository and narrative. For this essay to achieve its aim, reliance will be placed on secondary sources of information gathered from textbooks, law reports, view of jurist, judicial decisions, dictionaries and encyclopaedia on the subject matter and of course, the internet. It is pertinent to mention that many articles, journals have not been written in this area of law, the few that are available will be well utilised.

1.6.0 Literature Review

Though many foreign books did not treat the topic of this essay in details but one of its concepts insurable interest, most Nigerian Authors however, lighten the burden of this work with their tactful treatment of the basic principles of insurance. Important Authors in this regard include J. O. Irukwu, on Insurance Law and Practice in Nigeria; Professor Olusegun Yerokun, on Insurance Law in Nigeria and Funmi Adeyemi, on Nigeria Insurance Law.

According to J. O. Irukwu, the fundamental principles of Insurance Lawand Practice as applicable to Nigeria are insurable interest, utmost good faith, disclosure, indemnity, subrogation and proximate cause. Though Irukwu, on this subject has principles laid down before the now operating Insurance Act 2003 in Nigeria, some of these principles remains in conformation with the insurance Act 2003. To make the work an updated are however, Funmi Adeyemi and Professor Olusegun Yerokun’s insurance text which contains the prevailing law will equally be used among other materials. Olusegun Yerokun’s text which is Insurance Law in Nigeria provides a comprehensive analysis of insurance law in all its aspects. As a result of the repeal of the Insurance Decree, 1991 and the promulgation of the Insurance Decree, 1997, and the now operating Insurance Act 2003, the contents reflect the changes in law. The basic principles of insurance according to Yerokun are Insurable Interest, Utmost Good Faith, Indemnity, Subrogation,

Disclosure, Premium and Proximate Cause. There is also the work of M. C. Okany on Nigerian Commercial Law, which is of the opinion that contracts of insurance are governed by the general principles of contract but, on account of their special nature, all contracts of insurance are in addition governed by special or fundamental principles. These principles of insurance according to M. C Okany are Utmost Good Faith, Insurable Interest, Indemnity and Subrogation. The work and contribution of these distinguished authors are acknowledged to be of great value.

There are also foreign authors who have in no small measure distinguished themselves and whose works are relevant to this research, some of these authors are: John Birds on Modern Insurance Law; Opined that the basic principles of insurance are insurable interest, fraud, Non-Disclosure and Misrepresentation, Premiums and Subrogation. He is of the view the most important and reliable is the insurable interest; There is also the work of MacGillivray and Parkington on Insurance Law.

The General principles of insurance according to them are insurable interest, premium and subrogation, they never include non-disclosure and misrepresentation as John Bird. Raoul Colinvaux on The Law of Insurance, includes indemnity, which makes his none comprehensive than the other two, which is insurable interest, non-disclosure and misrepresentation premium, indemnity and subrogation and in addition, Hardy Ivamy ‘General Principles of Insurance Law will also be consulted. All these foreign authors in their books are of the opinion that the basic principles of Insurance are Insurable Interest, Non-Disclosure, The

Premium, Indemnity and Subrogation.

Also, notable judicial pronouncements of the courts and the opinion of jurists are also relied upon coupled with reference to various legislations on insurance like the Marine Insurance Act, 1961; Insurance Act, 2003.

1.7.0 Definition of Terms

For proper understanding of this project topic, there is need to acquaint ourselves with some basic insurance terminologies.


In insurance law, the danger or hazard of a loss of the property insured[3]. In a contract of insurance, the insurer undertakes to protect the insured from a specified loss and the insurer receives a premium for running the risk of such loss. Thus, risk must attach to a policy.

Mitigation of Loss:

In the event of some mishap to the insured property, the insured must take all necessary steps to mitigate or minimize the loss, just as any prudent person would do in those circumstances. If he does not do so, the insurer can avoid the payment of loss attributable to his negligence, but it must be remembered that though the insured is bound to do his best for his insurer, he is nor bound to do so at the risk of his life. Insure: To make sure or secure, to guarantee, as to insure safety to anyone. It also mean to indemnify a person against pecuniary loss from specified perils or possible liability 4.


The insured is the policy-holder who is entitled to indemnity or monetary compensation on the happening of an event insured against. The insured is also the person who obtains or is otherwise covered by insurance on his health, life or property[4].


He is the party who undertakes in consideration of an amount paid to him by the insured (premium) to pay money to the insured or assured on the happening of a stated event. Examples of the kinds of insurers we have include, the Mutual Insurance Association, NICON Insurance Companies Limited, among other[5].

Third Party:

There are two parties to an insurance contract, the insurer and the insured. All others are strangers to the contract, and are referred to as third parties because they are not parties to the insurance contract between the insured and the insurer. For instance, the pedestrian who is knocked down by the insured in a motor accident is a third party and a stranger to the contract between the insurer and the insured[6].

Insurance Company:

A corporation or association whose business is to make contracts of insurance[7].It must also be registered under the Nigerian Law.

1.8.0 Conclusion

Insurance is fast becoming a household name in Nigeria with more persons gradually becoming interested in the subject.

This chapter began with the general introduction which breakdown the issue in question and tried to see it’s important or usefulness in helping us to understand the meaning of insurance and also satisfy our curiosity of knowing what insurance and the basic principles of insurance is all about.

Though brief, the introduction has tried to shed light on the importance of insurance to our human race or existence and definition in place by judicial decisis. It went ahead to states its aims and objectives of the study. It continued with scope of study, focus of study and followed by the research methodology which had been stated that is the sources from which information concerning the project is gotten.

The literature review is not leftout. Also, the research continued with certain terms that the reader would be coming across in the course of this work. This chapter in its little way is a form of a steppingstone as to what should be expected in the research work in subsequent chapters.

Chapter Five

General Conclusion

5.0.0: Conclusion

It is trite that whenever you open a discussion with an average Nigerian on the issue of insurance, you would be amazed at the level of ignorance exhibited on the subject matter. An average Nigerian does heap on himself the burden he should not ordinarily, by refusing to subscribe to insurance noting that in a situation of loss or misfortune, such an individual is compelled to shoulder the burden but which he sometimes transfer to his relations.

This work is aimed at educating the public on what insurance is all about and to also shed more light on the insured’s interest known as ‘insurable interest’. Insurance is however not about death or misfortune, it’s about the creation and protection of wealth. The practices of insurance can help create wealth for the individual through provision of financial assistance for setting up of business concerns either through direct loans, policies or target savings plan.

It is worthy of note, that a mere expectation of loss from the destruction of or damage to the property is not enough, whether or not the insured will be in jeopardy if the subject matter is damaged or destroyed, the question that certifies a contract, as an insurance contract is ‘what thing of real value, will the insured lose as oppose to moral, imagined or emotional values of the subject matter of the insurance?’.

Therefore, the fundamental principles of insurance are the backbone of a contract of insurance; it distinguishes a genuine transaction from gambling or wagering contract.

5.1.0: Recommendation

The world hates change, yet it is only thing that has brought progress.

The world we currently live in is one that is comfortable with the status quo ante bellum where everything remains constant and a desire to forge ahead is not envisaged. However, it is only a change that can move the society forward, this was underscored by professor (Mrs) Ndi-Onyuike Okereke while commenting on the recapitalization in the insurance industry that this is new era for the industry, the men have been separated from the boys.

A cursory look at the application of the principle shows that it is the insured that suffers in most cases. Saying this will certainly be stating the obvious, as stated by MR.

IFEDOLAPO BALOGUN, this is the most critical period for the industry, as such, positive reforms must be embarked upon especially in relation to the modus operandi of the fundamental principles of insurance.

In the light of the above, it is therefore posited that the government and insurance practitioner will do well to consider the following recommendations viz:

  1. The insurers should try to indemnify the insured even when there is non-disclosure had occurred in good faith, that is, without fraudulent motive. It is submitted that insurers should not insist on technicalities or the extremity of the law because extreme law is the greatest injury.
  2. Advertisement of claims to reassure the general public that insurance companies pay compensation for losses. Claims payment remains the central issue in insurance contracts that basically ensures compensation of the insured when losses occur.
  3. The proposal forms should contain a warning to the proposer as to his duty to disclose material facts and the answer thereon should be required to be completed only to the best of the knowledge and belief of the proposer after making reasonable inquiries. A copy of the proposal form and/or any other written information supplied to him when the contract is concluded.
  4. The poverty rate in this country is having adverse effect on insurance in Nigeria. The government is therefore enjoined in its quest to reform insurance business, to also address this fundamental issue which has over the years made insurance practice dormant. This can be done by providing employment opportunities for the people and furthermore, empowerment through education must be championed.
  5. A section should be provided for in the Act, so as to make the principle of Subrogation and Proximate Cause more effective and have statutory enforcement.

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