Terms of Service
Terms and conditions governing the provision of insurance broking services by Kingfisher Insurance Brokers & Consultants Ltd.
These Terms of Service ("Terms") govern your relationship with Kingfisher Insurance Brokers & Consultants Limited ("Kingfisher", "we", "us", "our") regarding the use of our insurance broking services, website, and related offerings. By engaging our services, you agree to be bound by these Terms.
1. Our Role as Insurance Broker
Kingfisher Insurance Brokers & Consultants Limited is a licensed insurance broker, not an insurance company. Our role is to act as your intermediary in:
- Advising on risk assessment, insurance programme design, and risk transfer mechanisms
- Identifying and analyzing risks, advising on loss control and risk reduction
- Negotiating with insurers on your behalf to obtain appropriate coverage at competitive premiums
- Assisting with claims handling and settlement
- Providing ongoing portfolio review and risk management advice
We are accredited by the Reserve Bank of Malawi and operate in compliance with all applicable laws and regulations governing insurance broking in Malawi.
2. Engagement of Services
You engage our services by:
- Signing a client agreement or service engagement letter
- Completing and submitting insurance application forms through us
- Instructing us to obtain quotations or place insurance on your behalf
- Accepting a quotation or policy documentation arranged by us
- Making payments for premiums through our accounts
Upon engagement, we will act as your appointed broker with authority to:
- Obtain and negotiate quotations from insurers
- Place insurance coverage with selected insurers
- Collect and remit premiums to insurers
- Handle claims on your behalf
- Receive policy documentation and other communications from insurers
3. Client Responsibilities
As our client, you agree to:
3.1 Disclosure of Information
Provide complete, accurate, and truthful information in all insurance applications, proposal forms, and communications. Insurance contracts are based on the principle of utmost good faith (uberrimae fidei). Failure to disclose material facts may void your insurance coverage or result in claims being declined.
3.2 Timely Payment
Pay all premiums when due. We collect premiums on behalf of insurers, and failure to pay may result in cancellation of coverage. Kingfisher is not responsible for coverage lapses due to non-payment.
3.3 Notification of Changes
Promptly inform us of any changes to your circumstances, risk profile, or insured assets that may affect your insurance coverage. This includes acquisitions, disposals, changes in business activities, or increased risk exposures.
3.4 Claims Notification
Notify us immediately upon becoming aware of any event that may give rise to a claim. Delayed notification may prejudice claims handling and settlement.
4. Remuneration and Fees
Kingfisher is compensated for our services through:
Brokerage Commissions
We receive commissions from insurers based on premiums paid. These commissions are built into the premium rates quoted to you and are disclosed upon request. Kingfisher's annual premium turnover exceeds MK 6 Billion.
Fee-Based Services
For certain consulting services, risk management projects, or where commission is not payable, we may charge agreed fees. Any such fees will be clearly communicated and agreed in advance.
Claims Handling
We do not charge additional fees for standard claims handling services. Our claims team, led by Brian Kalinde (ACII), is dedicated to achieving efficient negotiation and settlement of all agreed claims.
5. Insurance Placement and Market Access
Kingfisher places insurance with a range of insurers, both local and international. We maintain relationships with:
Local Insurers
- NICO General Insurance Company Ltd
- United General Insurance Company Ltd
- Prime Insurance Company Ltd
- BRITAM Insurance Company Ltd
- Reunion Insurance Company Limited
- And other accredited local insurers
International Partners
- Willis Towers Watson
- Price Forbes (Lloyd's of London)
- Lockton
- Allied Africa Broker Network
- OLEA Insurance Solutions
While we select insurers we believe to be financially secure and reputable, we do not guarantee the solvency or claims-paying ability of any insurer. Ultimate responsibility for claims payment rests with the insurer issuing the policy.
6. Claims Handling Services
Kingfisher provides comprehensive claims advocacy services, including:
- Advice on claims preparation and quantification
- Notification to insurers
- Liaison with insurers, loss adjusters, and other parties
- Progress updates throughout the claims process
- Negotiation of claim settlements
- Assistance with recoveries from third parties
- Preparation of loss statistical information
We have processed significant claim payments for major clients including Eastern Produce Malawi (EPM), FDH Financial Holdings, Illovo Sugar Malawi plc, Press Corporation Limited, Malawi Revenue Authority, and Malawi Electoral Commission.
Important: While we advocate vigorously on your behalf, the final decision on claims acceptance and settlement rests with the insurer in accordance with policy terms and conditions.
7. Premium Handling and Accounting
Premiums collected by Kingfisher are held in designated client premium accounts with our bankers:
We remit premiums to insurers promptly after collection. In accordance with regulatory requirements, we maintain proper accounting records and reconciliations of all premium transactions.
As required by the Reserve Bank of Malawi, we maintain professional indemnity insurance as an additional protection to our clients.
8. Limitation of Liability
To the extent permitted by law:
- Kingfisher acts with reasonable skill and care in providing broking services. However, we do not guarantee that insurance coverage will be available, that specific terms will be obtained, or that claims will be paid.
- Our liability for any loss or damage arising from our services shall be limited to the amount of brokerage or fees paid for the specific service giving rise to the claim, unless otherwise required by law.
- We shall not be liable for any indirect, consequential, or special damages, including loss of profits or business opportunities.
- We are not liable for acts or omissions of insurers, reinsurers, or other third parties.
- Nothing in these Terms excludes or limits liability for fraud, death, or personal injury caused by negligence, or any other liability that cannot be excluded by law.
Our professional indemnity insurance provides additional protection as required by the Reserve Bank of Malawi.
9. Confidentiality and Data Protection
We treat all client information as confidential and in accordance with our Privacy Policy. We may share information with insurers, reinsurers, and other parties as necessary to provide our services or as required by law.
By engaging our services, you consent to the processing of your personal information as described in our Privacy Policy.
Our legal advisors are JF Kennedy Attorneys and Counsellors at Law.
10. Termination of Services
Either party may terminate our broking engagement by written notice. Termination will not affect:
- Obligations under insurance policies already in force
- Claims already notified or occurring during the period of cover
- Any rights or obligations that have accrued prior to termination
- Payment of premiums or fees due
Upon termination, we will assist with the orderly transfer of your insurance arrangements to another broker or direct with insurers, subject to any outstanding fees being settled.
11. Intellectual Property
All content on our website and materials provided to clients, including reports, analyses, and recommendations, are the intellectual property of Kingfisher Insurance Brokers & Consultants Ltd and may not be reproduced or distributed without our written permission.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Malawi. Any dispute arising out of or in connection with these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Malawi.
We encourage amicable resolution of any concerns. Please contact us first to address any issues. If a dispute cannot be resolved, it may be referred to the Reserve Bank of Malawi or other appropriate regulatory body.
13. Amendments
We reserve the right to amend these Terms from time to time. Updated Terms will be posted on our website with a revised "Last Updated" date. Continued use of our services after such changes constitutes acceptance of the updated Terms.
14. Contact Information
Blantyre (Head Office)
Delamere House, First Floor, Northwing
Private Bag 154, BLANTYRE
Tel: +265 882 123 334
Email: insurance@kingfishermw
Lilongwe
Upland House, Upper Floor
along Kamuzu Procession Road
Private Bag 143, LILONGWE
Tel: +265 886 612 313
Email: insurancell@kingfisher.mw
Mzuzu
Kentam Mall, Upper Floor, Northwing
New City Centre
P.O. Box 1053, MZUZU
Tel: +265 888 585 017
Email: insurancemz@kingfisher.mw
© 2025 Kingfisher Insurance Brokers & Consultants Ltd. All rights reserved.
Registered in Malawi No. 4941 | TPIN: 20149672 | Tax Clearance: MRA/LTO/024779