CIMA: Application Article 13 Code CIMA Affirms 'Pas de Prime, Pas de Garantie'

• The 12th Forum des Marchés, organized by FANAF, convened in Lomé on November 2 and 3, 2026.
• Key participants included insurance company leaders, national associations, FIAC, National Insurance Directorates, and the CIMA General Secretariat.
• A central focus of discussion was the strict application of Article 13 of the CIMA Code, which stipulates "Pas de prime, pas de garantie."
• This principle means that without premium payment, insurance coverage is invalid for all policyholders, including private and public entities, and individuals.
• Lawyers and compliance officers must advise clients to review insurance contracts and payment schedules to ensure continuous coverage.

Lawyers and compliance officers are thus tasked with the crucial responsibility of advising their clients on the stringent enforcement of this CIMA Code provision.

The 12th Forum des Marchés, a significant gathering for the African insurance sector, took place in Lomé on November 2 and 3, 2026. This pivotal event was organized under the auspices of the Fédération des Sociétés d'Assurances de Droit National Africaines (FANAF), bringing together key stakeholders from across the continent's insurance landscape.

Attendees included prominent leaders of various insurance companies, representatives from national associations, and delegates from the Fédération Interafricaine des Assureurs Conseils (FIAC). The forum also saw participation from officials representing National Insurance Directorates and the General Secretariat of the Conférence Interafricaine des Marchés d'Assurances (CIMA), underscoring the collaborative nature of the discussions held.

This biennial assembly serves as a critical platform for dialogue and strategic alignment within the CIMA zone, addressing pressing issues and regulatory developments impacting the industry. The presence of such a diverse group of experts and decision-makers highlights the collective commitment to strengthening the insurance market and ensuring robust compliance across member states.

A central theme implicitly addressed by the forum, as indicated by its broader context, is the rigorous application of Article 13 of the Code CIMA. This specific provision establishes a fundamental principle within droit des assurances CIMA: "Pas de prime, pas de garantie," meaning that without the payment of premiums, there is no insurance coverage or guarantee. This rule is a cornerstone of insurance law within the region governed by the Conférence Interafricaine des Marchés d'Assurances.

The principle enshrined in Article 13 is unequivocal, asserting that the insurer's obligation to provide coverage is directly contingent upon the policyholder's fulfillment of their premium payment duties. This strict interpretation ensures financial stability for insurers and clarity regarding the activation of contractual guarantees. It underscores the transactional nature of insurance, where the premium serves as the consideration for the promise of future protection.

This regulatory stance, central to Code CIMA assurance, is designed to prevent disputes arising from claims made on policies where premiums have not been duly remitted. It places a clear onus on policyholders to maintain their payment schedules to ensure their coverage remains active and enforceable.

The strict application article 13 Code CIMA carries profound implications for a wide array of entities and individuals. This includes private companies, public enterprises and organizations, individuals, and indeed, any legal or physical person currently holding or intending to hold an insurance contract within the CIMA jurisdiction. For all these parties, understanding and adhering to the "Pas de prime, pas de garantie" rule is paramount to securing continuous and valid insurance protection.

Lawyers and compliance officers are thus tasked with the crucial responsibility of advising their clients on the stringent enforcement of this CIMA Code provision. This advisory role extends to meticulously reviewing existing insurance contract terms and payment schedules. The objective is to proactively identify and mitigate any risks associated with potential non-payment, which could lead to a complete absence of coverage precisely when it is most needed.

Ensuring continuous coverage and avoiding potential disputes stemming from non-payment necessitates a proactive approach to insurance management. Policyholders must be fully aware that any lapse in premium payments, regardless of the reason, can directly invalidate their guarantees, leaving them exposed to significant financial risks. The forum's discussions, though not explicitly detailed in the source, would undoubtedly reinforce the importance of this foundational principle for all stakeholders in the insurance ecosystem.

Lawyers and compliance officers must advise clients, whether private companies, public entities, or individuals, on the strict enforcement of Article 13 of the CIMA Code, which dictates that no premium payment means no guarantee. This necessitates a review of insurance contract terms and payment schedules to ensure continuous coverage and avoid potential disputes arising from non-payment.

Source: Original reporting via FANAF and CIMA communiqués