/ 29 Oct 2022
Law of Insurance in Nigeria

In 2019, NAICOM licensed GOXI and Casava Microinsurance as composite microinsurance companies only in Lagos State. In December 2020, with Circular NAICOM/DPR/CIR/32/2020, NAICOM allowed conventional insurance companies to engage in microinsurance activities as soon as they have met the specified requirements. Section 9 (4) of the Insurance Act empowers the National Insurance Commission (NAICOM) to increase from time to time the amount of paid-up minimum share capital for each category of insurance. Second, insurance undertakings are excluded from traditional insolvency proceedings but follow the winding-up procedure under the Insurance Act if NAICOM approves an application by at least 50 policyholders submitted to the court under Article 32(1)(a) and (2) of the Act. A life insurance company is prohibited from conducting a voluntary winding-up (section 33 of the Insurance Act), except in the case of a merger, transfer or acquisition under the Insurance Act. In order to better protect customers, a security and development fund has been established by law pursuant to Section 78(1) of the NAICOM Act, which will be used to pay: Insurance industry players must strictly comply with these requirements; Otherwise, they may be subject to the sanctions in force. As processors/controllers, they are responsible for the acts and omissions of their directors/representatives who directly process the rights of data subjects. Insurance companies must also post their privacy policies on insurance documents identified for data collection and processing. The consequences of non-compliance are severe (a minimum fine of N10 million for companies that process the data of more than 10,000 data subjects), which promotes strict compliance.

The appointment of a designated data protection officer is mandatory. NAICOM has also attempted to directly and indirectly increase insurance penetration by: Section 9(3) of the Pension Reform Act 2004 requires any employer with five or more employees to purchase life insurance for the benefit of the employee for at least three times the total annual remuneration of each employee. The goal is to provide housing for dependents of employees who have died in the line of duty. It affects both public and private persons and, under this law, they are obliged to pay pension subsidies in the event of mental or physical disability, death or disappearance during insurance. The Insurance Committee, which is responsible for insurance matters in Nigeria, is responsible for compliance with these compulsory insurances. The committee is composed of the National Insurance Commission (NAICOM), the Nigerian Association of Insurers (NIA) and all CEOs of insurance companies. This, in addition to the influx of foreign underwriters and the recent licensing of microinsurance companies in Nigeria, is expected to intensify competition among operators. This is a mandatory insurance policy for contractors and owners of buildings over two storeys.

Section 64 of the Insurance Act 2003 requires every owner or contractor of a building under construction of more than two storeys to take out an insurance policy covering liability for construction risks caused by the negligence of the contractor, owner, servants, agents and advisers which may result in death, bodily injury or property damage to workers or the public. Insurance must be taken out from the construction phase. The aim is to protect the public from construction risks that may be caused by negligence. The insurance should also cover the collapse of the building. In addition, the development of the insurance market must be optimized by: For the conclusion of insurance contracts, there is a proposal form containing the usual insurance conditions. Depending on when the insurance policy is issued by the insurer, a certificate of coverage is usually issued for a certain period of time. In transportation insurance, instead of a certificate of coverage, a receipt containing the details of the risk is used. When a receipt is used, an insurance contract is created and the insurer is required to issue the insurance policy according to the terms and conditions. The insurance policy issued is conclusive evidence of an existing insurance relationship. NAICOM has adopted the disclosure requirements of the Nigerian Corporate Governance Code and added additional provisions to the corporate governance guidelines for insurance and reinsurance companies to ensure full compliance by insurance industry stakeholders. Therefore, Directive 10.0 of the Corporate Governance Guidelines for Insurance and Reinsurance Companies states that the company`s annual report shall sufficiently disclose: National health insurance programmes differ both in the way contributions are collected and in the way benefits are paid.

In countries like Canada, government payment is made directly from tax revenues, known as single-payer health care. [5] Services may be provided by public or private health care providers. In France, there is a similar system of compulsory contributions, but the survey is managed by associations set up for this purpose. When concluding the insurance contract between the parties, the contract must be stamped in accordance with Articles 85 to 87 of the Stamp Duty Act. In accordance with section 17 of the Nigerian Investment Promotion Council Act, there are no restrictions on foreign ownership in insurance companies in Nigeria as insurance does not fall under any of the items on the negative list of section 31 of the Act. Similarly, Article 3 of the Insurance Act does not discriminate with regard to the ownership of insurance undertakings where an undertaking: Under Article 2 of the Insurance Act, there are two main classes of insurance: life insurance and general insurance. The life insurance industry is further classified into: Nigerian insurance companies cannot afford to be caught in a fraud or data compromise ring due to their massive reliance on data. Article 1.2 of the NDPR refers to insurance industry players to the extent that their transactions involve the collection and/or processing of personal data, including: The following legal provisions govern the insurance sector in Nigeria: Third parties can assert claims against the insurer by bringing an action against the insured and obtaining a judgment.