Chief Justice Anin-Yeboah tasks judges to have entrenched understanding of new Insurance Act
Justice Kwasi Anin-Yeboah, the Chief Justice of the Republic of Ghana, has tasked judges in the country to deepen their understanding of the new Insurance Act, 2021 (Act 1061).
An entrenched understanding of the new Insurance Act, the Chief Justice notes, will help judges of the various courts properly resolve insurance-related cases under the new Act.
The call for judges to have entrenched understanding of the new Insurance Act, follows the repeal of the Insurance Act, 2006 (Act 724) which regulated the insurance space for close to 15 years.
Delivering a keynote address on behalf of the Chief Justice at the launch of the Nationwide Insurance Workshop for High Court Judges by the National Insurance Commission (NIC), on Tuesday, October 18, Justice of the Appeal Court and Acting Director of the Judicial Training Institute, Justice Dennis Adjei noted the new insurance law covers both statutory regime and common law with judges required to understand the common law position as well as the new changes introduced by the Act.
“As judges, we are mandated to resolve all disputes and legalities that may come before us under the Act and we should be able to resolve them in accordance and purpose for which the Act was enacted,” Justice Dennis Adjei stated.
“We as judges must understand what the Act seeks to address and apply the Act to promote the interests of stakeholders in the insurance industry, particularly the citizenry,” he added.
Describing the Insurance Act, 2021 (Act 1061) which has 261 sections as comprehensive and unique, Justice Dennis Adjei noted the new Act deals with different aspects of insurance including; solvency and capital requirements, transfers and mergers, licensing, statutory deposits, mediation of complaints, whistle blowing, financial provisions, among others.
Concluding the address read on behalf of the Chief Justice, Justice Dennis Adjei, urged the National Insurance Commission (NIC) to extend the training workshop on the new Act to district and circuit court judges as well as magistrates as they also preside over insurance-related cases.
The insurance workshop is currently targeted at only judges of the High Court, Appeal Court and Supreme Court.
Also speaking at the workshop was the Commissioner of Insurance, Dr Justice Ofori, who appealed to the Chief Justice to help ensure the workshop is upheld and mutually sustained.
He further noted that, the Ghana Insurance College which is the insurance industry’s foremost professional training institute, will soon commence discussions with the Judicial Training Institute to incorporate Alternative Dispute Resolution (ADR) into the College’s training modules.
“This is to inculcate good negotiation and other ADR skills in insurance practitioners themselves in order not to impede amicable settlement of insurance cases, thus reducing insurance-related litigations,” Dr Ofori stated.
