Insurable Interest in the Lives of Minor Children in Uganda
Loading...
Date
2023-03
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Cavendish University Law Journal
Abstract
Insurable interest is an essential requirement that distinguishes legitimate life assurance policies 
from wagers. This paper analyses the statutory insurable interest of parents and guardians of 
minors, in the lives of those children under Section 133(2)(a) of the Insurance Act of Uganda. 
This provision implies that parents and guardians of minor children in Uganda are conferred 
with a statutory insurable interest in the lives of their minor children. Therefore, they may insure 
the lives of their minor children and become the beneficiaries of such policies. The major 
problem is that the prospective benefits of such policies taken on the lives of minors may become 
an incentive for harming or even killing the child. To interpret and determine the 
appropriateness of Section 133(2)(a) of the Insurance Act, this paper compares the Ugandan 
legal position with the Common Law. This comparison is essential because Insurance Law in 
Uganda was heavily influenced by the principles of the Common Law. Insurance regulation was 
initially written in Uganda by subsidiaries of foreign corporations, mostly those with British, 
American, and Indian roots, until the late 19th century. The first insurance decree was enacted 
in 1978, and since then Ugandan insurance legislation has steadily expanded to include all 
relevant parts of the sector, including life assurance.This paper finds that parents’ and 
guardians’ presumed insurable interest in the lives of their minor children is not supported 
under the Common Law. This is because natural affection relationships are not capable of 
conferring a presumed insurable interest in life assurance. As a result, Section 133(2)(a) of the 
Insurance Act is largely inappropriate and it is no wonder that life insurers in Uganda do not 
offer this kind of product. This paper recommends that the provision should be urgently amended 
to do away with the statutory insurable interest conferred upon parents and guardians in the 
lives of their minor children.
Description
Keywords
Insurance,, Insurance Act of Uganda,, Insurable interest,, Life Assurance,, Parents and  Guardians,, Minors
Citation
Okurut, E & Okeny A. (2023). Insurable Interest in  the Lives of Minor Children in Uganda. CULJ Vol 2