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.