Insurance law in England and Cameroon : a comparative study : with special reference to motor vehicle insurance
The purpose of this research study is to examine the present state of Insurance law in Cameroon with particular reference to motor insurance, bringing out the fact that with the exception of certain areas, there exist two systems of insurance law in Cameroon; one in the English-speaking part and the other in the French-speaking part. This work proposes that this distinction ought not to continue and advocates the unification of insurance laws. For reason of space not all the fundamental principles of insurance law and regulation will be attempted: hence some valuable material cannot be included in this thesis. Motor vehicle insurance was chosen for these reasons. First, it is the most common form of insurance in both English and French-speaking Cameroon. Second, it is, in practical terms, the most important type of liability insurance. It is therefore, of greatest interest and relevance to the Cameroonian public comprising insurance companies, policyholders, victims of accidents and the dependants of victims. This has led the state to intervene in regulating motor vehicle insurance a great deal more than in other branches of insurance. The approach adopted throughout is a comparative one, involving English, French and Cameroonian law. , In order to provide the reader with a background to the existence of the two legal systems in Cameroon, the introductory chapter traces the evolution of law with particular reference to the colonial era. The Reason for Government Regulation of certain aspects of insurance law in the countries involved is then examined (Chapter One). This intervention has been exercised through Government Control of Insurance Concerns (Chapter Two), Compulsory Motor and other Insurances (Chapter Three), the provision of a .Motor Insurance Fund (Chapter Four) and Regulation of Insurance Intermediaries (parts of Chapter Six). In the above areas where the government has intervened there now exists considerable uniformity in insurance law and practice throughout the Republic of Cameroon. However, there are still other aspects of the insurance transaction in which there are no uniform laws (see parts of Chapter Three dealing with the conceptual basis of liability and parts of Chapter Six dealing with Insurance Intermediaries and Disclosure. Further, see Chapters Five, Seven and Eight dealing with the Formation of the Insurance Contract, the Construction of the Insurance Contract and the Settlement Process respectively. Finally, this work concludes with proposals for reforming the present laws based on the material discussed, and in particular, a proposal for a Uniform Insurance Code for Cameroon.