Q&A – 25 June 2012
Damage done by Fire brigade, insurer rejects claim
I owned a beautiful and top class restaurant in Dar es Salaam which was gutted by fire. Thankfully the fire brigades did come but the fire was very big leading to a huge loss. My insurance company wants to pay me a very small fraction of the actual claim and deducting damage to appliances caused by water from the fire brigade. My broker says that I should just take the amount as the insurance companies are very tricky and well protected by the law. The insurer says my policy is limited to fire disaster only. Is this correct? Please advice.
SA, Dar
We have not seen your fire policy issued by the insurer as sometimes there are certain exclusions in the contract of insurance that limit the insurers liability. However in your case, the facts that should give you some hope are that there is a specific statute that deals with such eventualities.
The Fire and Rescue Force Act No 14 of 2007 under Section 26 (2) clearly provides that any damage done by the Force in the execution of its duties or the occasion of a fire or other calamity or in response to a fire alarm, shall be deemed to be damage by fire within the meaning of any policy of insurance against the fire.
From the above, even if there is an exclusion of such damage in your policy, which we are quite surprised to hear, then the law comes to your rescue as such an exclusion in your policy will be struck down to your advantage. Remember that the law always prevails over privately entered contracts.
Unless there are facts that you are concealing, we believe you have a good case against the insurance company. Don’t rush and listen to your broker- he perhaps wants to close the file so that he can continue with other activities.
Brokers enjoy collecting premiums and many a times, a number of them, are not happy following claims! You will need to make an informed decision on how to proceed and we recommend that you consult your lawyers.
Maintenance of pregnancy
I am an adult and got pregnant which I know is not unlawful in law. My boyfriend, whose child I carry, has lost interest in me because I am now big and not as pretty. He refuses to support me forgetting that he has a mother too, who had once become pregnant with him in the tummy. What should I do?
AJ, Dar
Getting pregnant is normally a blessing and not a curse and it is not unlawful to get pregnant as you have correctly stated.
The law of the child allows for an expectant mother to file for a maintenance order in court and if the court has a reasonable cause to believe that the man alleged to be the father of the child is in truth the father and in fact the father of that child and that the application for a maintenance order is made in good faith and not for any purpose of intimidation and extortion, your application will likely succeed.
Hence you have the option of filing an application in court seeking a maintenance order through the duration of the pregnancy. For further assistance, kindly contact your attorney.
HIV/AIDS cure, now duped
I am a woman aged 36 years and living with HIV/AIDS for the past four years. Last year I met a friend of who is living in Shinyanga and told me about this person who was treating the disease. She said that he is a very famous and well know traditional healer who would need to physically see me to determine my treatment plan. I was very happy to hear that and arranged for my trip to Shinyanga. The doctor said my disease will be cured in two months, and insisted I stop all medicine that I was using from the hospital. Hence I stopped using all the ARVs and it is now one year and the disease has not gone away with my condition even worse than before. I have now heard that the traditional healer is a conman who wanted to get our money. There is no record that anyone has been cured by him and quite a number of patients who have been attended by him have actually died. I have resumed clinics and my doctor says that my CD4 count has dropped tremendously due to the stoppage of ARV’s. What legal steps can I take against this man?
EP, Dar
Under our laws, what the traditional medicine man has done is a criminal offence. Section 27 of the HIV and AIDS (Prevention and Control Act) 2008 states that if anyone wants to make any statement or information regarding the cure of HIV/AIDS shall be subjected to scientific verification before such announcements are made. The law states that the publication or information about any such cure of HIV/AIDS shall be attached with evidence of pre and post-cure HIV test results.
The Acts says that any person who makes or caused to be made any misleading statement or information regarding curing, preventing or controlling HIV/AIDS contrary to this section commits an offence and on conviction to a fine of not less than one million shillings or to imprisonment for a term of not less than six months or to both.
We advise you to report this healer to the police. Additionally under contract and/or law of tort principles, you may be able to sue him for recovery and damages. Your attorneys can further guide you.