
INSURANCE JUSTICE AT LAST: Jubilee Ordered to Pay!
Case Reference: REF: MILIMANI COMMERCIAL: CASE NO. SCCCOMM/E1213/2024 – JFO VS JUBILEE INSURANCE COMPANY LTD
Key Details
Date: 1st May 2025
Insurance Company: Jubilee Life Insurance
Underwriter: N/A
Policy Type: Fanaka Plan / Surrender Value
Case Summary
We are pleased to announce a landmark victory for policyholders! After refusing to pay under the Fanaka Plan, Jubilee Life Insurance has been found in breach of the law and ordered to pay.
Case Background
JFO (see file), who paid premiums for 42 months, had been unlawfully denied his surrender value after Jubilee claimed he needed to complete the full 5-year term.
Outcome
- ✅ Jubilee must pay him the full surrender value under Section 89 of the Insurance Act
- ✅ The Judge declared that the 3-year minimum rule in law overrides the 5-year clause in Jubilee's contract
- ✅ The Court affirmed that policyholders earn value after 3 years, whether or not the policy "matures"
Why this matters:
This landmark case has significant implications for all Fanaka Plan holders and insurance policyholders in general:
- Clarifies that 3 years of premium payments entitle you to surrender value
- Establishes that insurance law takes precedence over contract terms
- Protects policyholders from misleading contract clauses
- Sets a precedent for similar cases
If you've paid into your policy for at least 3 years, you are entitled to a payout, even if you stopped paying before 5 years. Don't be misled by insurance jargon - Kenyan law is clear: 3 years = your right to value.
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