2024, Vol. 4, Issue 2, Part A
An appraisal of the jurisdictional issues and constitutional overview for the settlement of insurance claims in Nigeria
Author(s): Kola Amirekolade
Abstract: Settlement of insurance claims is one of the legal functions of an insurance company. If there were no losses resulting in claims, the need for insurance would never arise. In the event of disputes between contracting parties in respect of claims and interpretation of the terms of agreement between parties to an insurance policy, the court that has jurisdiction to decide such dispute or adjudicate on such matters between the Federal and State High Courts has always been subject of controversy over time due to the language of the 1979 constitution which conferred in the High Court of a State, an unlimited jurisdiction on matters that are both civil and criminal. Judicial decisions have also oscillated in diverse directions of the laws over the years. However, to effectively dispense with the plethora of insurance claims, the Admiralty Jurisdiction was modified with the establishment of the Federal Revenue Court in l976 which ultimately transformed into the Federal High Court. Also, with the Admiralty Decree of 1991 which created a category of insurance claims known as Maritime or Admiralty Insurance Claims under which Section 19 explicitly provided that notwithstanding of the provisions of any other enactment or laws, the Federal High Court shall as from the commencement exercise exclusive jurisdiction over insurance and admiralty matters whether civil or criminal. This paper appraises the jurisdiction of courts over insurance matters in Nigeria and whether or not the jurisdiction is exercisable by the State High Court or Federal High Court.
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How to cite this article:
Kola Amirekolade. An appraisal of the jurisdictional issues and constitutional overview for the settlement of insurance claims in Nigeria. Int J Civ Law Legal Res 2024;4(2):18-21.