The principle of uberrimae fidei in insurance contracts: Analysis of health insurance contracts and their legal implications on persons living with HIV/AIDS in Tanzania
No Thumbnail Available
Date
2015
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Mzumbe University
Abstract
The focus of this research is on the principle of uberrimae fidei in insurance contracts: analysis of health insurance contracts and their legal implications on persons living with HIV/AIDS in Tanzania. The study seeks to make analysis of health insurance contracts and their implications on persons living with HIV/AIDS in Tanzania. The rule, technically known as uberrimae fidei, is very fundamental as far as insurance contracts are concerned. Despite its role in such contracts, it has caused numerous problems to the insured persons especially those living with HIV/AIDS. This paper reveals the unfortunate truth that the problems encountered by innocent health insurance proposers, who relied on human rights for persons living with HIV/AIDS, are root-based in the health insurance legal regime in Tanzania, which does not provide sufficient protection to the policy holder against insurers, who relied on that principle of uberrimae fidei, in their intermediation between the insurers and the insured. The law is not clear or has a gap as to what to observe between the principle of uberrimae fidei at the time of the formation of the health insurance contract or the rights of persons living with HIV/AIDS who wishes to have their health insured. The gap brings about the breach of those rights as some of the health insurance providers demands disclosure of information which led to the breach of those rights. Though the Insurance Act was enacted with liberal spirit as it claimed, it fails to strike a balance between the interests of various stake holders in the field of insurance that is between the applicants or proposers or insured who are HIV/AIDS victims and the insurers. Consequently, the protection of the policy-holders, which is the apparent primary objective of the Insurance Act, is compromised in this regard. That is to say the laws create a weaker part (health insurance proposer) and a stronger part (the insurer). That situation caused the weaker part to the health insurance to suffer or to be forced to compromise even when it comes to the fundamental rights of the health insured proposer. The research involved library research so as to lay down a theoretical framework of the research. Internet and field research also helps in providing some relevant materials in that regard. Data was collected through oral interviews and questionnaires. In which case the study found out that the law is silent on how persons living with HIV/AIDS are supposed to do or what to disclose and what not disclose regarding their health status when they need to inter into health insurance contracts. The researcher recommends that amendments of laws should be done so to protect the interests of persons living with HIV/AIDS when it comes to health insurance on the aspects of disclosure of their health status. These includes having some provisions of the laws which will provides specifically that in case persons living with HIV/AIDS wishes to have his or her health insured especially with private health insurance companies or schemes it should not be necessary for him or her to compulsorily undergo HIV/AIDS testing or in case of involuntary testing then there should be redress towards that person.
Description
A dissertation submitted in partial fulfillment of the requirements for the award of Master of Laws (LL.M) Degree of Mzumbe University
Keywords
HIV and AIDS -Prevention and Control - Tanzania, Health Insurance Contracts -Tanzania, Insurance Laws – Tanzania
Citation
APA