The Board shall not provide compensation under its regulations in the following circumstances:
Where the petition for the winding up of the insurance company by the court was presented before the 1st January, 2005;
whether or not the Court has made an order for the winding-up of the company after the resolution was passed, if the resolution was passed before the 1st January, 2005.
Where a claim for compensation is made after two years from the date of insolvency of an authorised insurance company.
Where the liability of the insolvent insurance company to the policyholder is duplicated by the liability of any other authorised insurance company which is not, for the purposes of these Regulations, insolvent.
For purposes of paragraph (i), the liability of an authorised insurance company towards a policyholder is duplicated by the liability of another authorised insurance company if the other company also has the liability, under the terms of any other Kenyan policy which on the date of the insolvency of the first company, to pay the policyholder in respect of the matter to which the liability of the first company relates.
Where the Commissioner of Insurance has, pursuant to section 67C (2) of the Act, appointed a manager to assume the management, control and conduct of the affairs and business of an authorised insurance company which becomes insolvent thereafter, unless the claim relates to the liability of the said company arising out of an incident or event occurring before the date of appointment of the manager.