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    INSURANCE SERVICES

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    INSURANCE SERVICES

    Insurance is a contract in which the insurer (insurance co.)

    agrees / undertakes,

    in considerations of a sum of money (premium), to make good the loss suffered by the insured

    against a specified risk such as fire and any other similar

    contingency or compensate the insured / beneficiaries on thespecified risk such as fire and other similar contingency or

    compensate the insured / beneficiaries on the happening of a

    specified event such as accident or death.

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    exam imporexam impor

    Principles of InsurancePrinciples of Insurance

    Principle OfPrinciple Of Utmost Good Faith

    Principle OfPrinciple Of Insurable Interest

    Principle OfPrinciple Of Indemnity Principle OfPrinciple Of Causa Proxima

    Principle OfPrinciple Of Subrogation

    Principle of Mitigation of Loss

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    INSURANCE ACT ,1938

    Any type of insurance business in India can be carried out only by :

    A public company

    A cooperative society

    An insurance cooperative society , having paid up capital of Rs 1000 crores,

    whose sole purpose is to carry on insurance business in India.

    After the enactment of IRDA Act 1999 ,only Indian insurance companies are

    permitted to carry on business.

    Promoters Holding

    [ Sec 6 - AA , IRDA 1999 ]

    Promoters cannot hold more than 26%,or such other % as may be prescribed, of

    the paid-up equity capital in an Indian insurance company They should divest in a phased manner, the excess capitalwithin such period asprescribed by the government.

    In case of foreign companies as promoters ,not more than 26% paid up equitycapital and whose sole purpose is to carry on life / general / reinsurance business.

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    Registration [ Sec 3 , IRDA 1999 ]

    Registration with IRDA is mandatory.

    The application should be accompanied by the following:

    A certified copy ofMOA and AOA

    Name , address and occupation of directors

    A statement ofclass (es) - of insurance business done / to be done

    Statement of deposit with RBI

    The certificate showing the amount deposited

    Adeclaration verified by an affidavit by the principal officer of the insurer that therequirement ofpaid-up capital :

    Rs 100 cr : forlife / general and

    Rs 200 cr : for reinsurance business A certified copy of

    (i) published prospectus , if any

    (ii) standard policy form of the insurer and

    (iii) statement of assured rates, advantages, terms and conditions to be offered inconnection with insurance policies.

    The receipt showing payment of fee as determined by IRDA regulations for eachclass of business

    Any other document as specified by IRDA

    Renewal of Registration [ Sec 3- A , IRDA 1999 ]

    Certificate of registration should be renewed every year

    Application for which should be made to IRDAbefore Dec.31 of thepreceding year

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    Deposits [ Sec 7 , IRDA 1999 ]

    The deposit can be in cash / approved securities.

    Life business : 1% of total gross premium not exceedingRs 10 crwithin India in any financial year .

    General business : 3% of total gross premium not exceeding

    Rs 10 crwithin India in any f. yr .

    Reinsurance business : Rs 20 cr.

    Marine insurance (exclusively to country craft or its cargo orboth) : Rs1 lakh

    Cooperative Life Insurance Companies : Rs 2 lakhs

    The deposits would be deemed to be part of the assets of the insurer ,

    but not be susceptible to any assignment / charge.

    If any part of the deposit is used in the discharge of any liability of the

    insurer,the deficiency should be supplied within 2 months to make up

    the amount so used.

    If an insurer ceases to carry on in India all classes of insurance

    business and all his liabilities have been satisfied / provided for,the court

    may order the return of the deposit.

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    Approved Securities mean

    (i) government / government guaranteed securities

    (ii) debentures / other securities issued under central / state

    action by port trust, municipal corporations, city

    improvement trust and

    (iii) shares of a corporation fully guaranteed by central /

    state government

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    Investment of Assets [ Sec 27, 27- A (1), 27- B , IRDA 1999 ]

    25 % in govt securities

    Not less than 25 % in other govt. approved securities

    The balance in approved investments as specified in Sec 27-A (1)

    Approved Investments [ Sec 27- A (1) ; 27- B ; 27- D ]

    Securities of, or guaranteed by the Govt of UK

    Debentures or other securities issued with the permission of centralgovt., state govt., Act of State Legislature

    Immovable property situated in India

    Preference share of any company which has paid dividends on itsordinary shares for the 5 years immediately preceding to the current

    year. Fixed deposits with banks or cooperative societies

    Debentures of or shares in cooperative societies

    The funds of the policy-holders areprohibited from being directly /indirectly invested outside India.

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    Insurance Business in Rural / Social Sector [ Sec. 32 B ]

    Rural Sector

    A place with population not more than 5,000

    Density of population not more than 400 per sq. km.

    Atleast 75% of male working population is engaged in agricultural pursuitsas :

    **Cultivators

    **Agricultural laborers

    **Workers in live stock , forestry ,plantation , orchards etc

    Life Insurer :Of the total policies written in that year :

    I st financial year : 7%

    2 nd financial year : 9%

    3 rd financial year : 12 %

    4 rth financial year : 14 %

    5 th financial year : 16 %

    General Insurer :

    First 2 years should be 2 % and 3 % respectively and thereafter

    3% of total gross premium income in that year.

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    Social Sector

    Unorganized sector

    Informal sector ;

    Economically vulnerable sector / backward classes

    Other categories of workers Guardians who need insurance to protect persons with disability

    Bidi workers , carpenters , cobblers , artisans , physically disabled self

    employed persons , washer men , person running a repairs outlet , rickshaw

    puller, vegetable vendors etc.

    All insurers are obliged to insure 5,7,10,15, and 20 thousand lives in the

    first 5 fin.al years respectively.

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    Insurance Agents

    An insurance agent is a licensed agent with the IRDA who receives / agreesto receive payment by way of commission / other remuneration inconsideration of his soliciting / procuring insurance business, including

    continuance, renewal or revival of policies .Code of Conduct

    Every insurance agent should :

    Identify himselfwith an insurance company

    Disseminate the requisite information in respect of insuranceproducts offered for sale by his insurer and take into accountthe needs of the prospects while recommending a specificinsurance plan

    Indicate the premium to be chargedby the insurer for the

    insurance product offered for sale Explain to the prospectthe nature of information required inthe proposal form by the insurer and also the importance ofdisclosure of material information

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    Bring to the notice of the insurerany adverse habit or incomeinconsistency of the prospect, in the form of a report

    Inform promptlythe prospect about the acceptance or rejection of theproposalby the insurer

    Obtain the required documents at the time of filing the proposal form Render the necessary assistance to the policyholders or claimants or

    beneficiaries in complying with the requirements for the settlement ofclaims by the insurers

    Advise every individualpolicyholder to effect nomination

    No Insurance agent should :

    Procure insurance without holding a valid license

    Induce the prospect to omit any material information in the proposal form

    Induce the prospect to submit wrong information or documents

    Behave in a discourteous manner with the prospect

    Interfere with any proposal introduced by any other agent Offer different rates , advantages , terms and conditions other than those offered by his

    insurer

    Demand or receive a share of proceeds from the beneficiary under the contract

    On cancellation of license , applies for a fresh license before the lapse of 5 year from thedate of such cancellation

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    INSURANCE BROKERS

    Direct Brokers

    Carries out the functions specified below in the field of general /

    life insurance :

    Obtain detailed information of the client's business and risk mgtphilosophy

    Rendering advice on appropriate insurance cover and terms

    Detailed knowledge about the insurance market

    Submitting quotations to the client for consideration

    Acting promptly on instruction of clients

    Assisting client in paying premiums

    Providing services related to insurance consultancy and riskmanagement

    Assisting in the settling of claims

    Maintaining proper record of claims

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    Re- Insurance Brokers

    Is one who arranges reinsurance for direct insurers with

    insurance and reinsurance companies. His function includesthe following :

    Familiarizing himself with the client's business and risk retentionphilosophy

    Maintaining record of the insurer's business to assist the re-insurer

    Rendering advice based on technical data on the re-insurance coversavailable in the international insurance and re-insurance markets

    Maintaining data base of available reinsurance markets , includingsolvency rating of individual re-insurers

    Rendering consultancy and risk management services for reinsurance

    Selecting and recommending a re-insurer or a group of re-insurers Negotiating with a re-insurer on the client's behalf

    Assisting in finalizing the reinsurance contract ,payment of premiumand settlement of claims if any

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    Composite Brokers

    An insurance broker who arranges insurance for the clients with theinsurance companies and / or reinsurance for his clients. He performs the

    function of both the direct brokeras well as the re-insurance broker

    Grant of License

    An insurance broker should obtain a license from IRDA. Meet followingcapital requirement :

    Direct broker : Rs 50 lakh

    Reinsurance broker : Rs 200 lakh

    Composite broker :Rs 250 lakh

    Fulfills the following deposit requirements;

    A sum equivalent to 20% of the initial capital in fixed deposit with a bank tobe released only with a prior permission of IRDA. IRDA may fix this depositlimit.

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    Third party Administrator (TPAs)

    They are licensed by IRDA for the provision of health cover. Are themiddlemen in the health delivery chain, which links physician, hospitals,

    clinics and diagnostic centres.

    In USA most insurance companies have their own TPAs, while in India

    TPAs are separate external entities.

    These TPAs serve more than one insurer at a time.

    TPAs get a license for more than 3 years then they have to get it renewed.

    IRDA has set up the minimum paid up capital of Rs 1 crore for TPAs.

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    Surveyors and Loss Assessors

    Claims of loss amounting to Rs 20,000 or more can be admitted

    by an insurer payment orsettled only after obtaining a report

    from an approved surveyor / loss assessor holding a

    license from IRDA.

    In case of a claim of less than Rs 20,000 in value on any policy

    of insurance , an insurer can employ a surveyor / loss assessor

    other than an approved one for surveying such loss onpayment of remuneration as thought fit.

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    Licensing of Surveyors / Loss Assessors

    Must obtain a license from IRDA .The license is valid for 5 years and

    renewed for 5 years at one time against payment as specified by the IRDA.

    DUTIES AND RESPONSIBILITIES Estimate , measure and determine the quantum and description of the

    subject under loss nature of ownership and insurable interest.

    Conduct spot and final survey , as and when necessary ,and commentupon excess / under insurance and any other related matter

    Examine , inquire , investigate , verify and check upon the causesand

    the circumstances of the loss in question also the extent of loss . Advise the insurerand the insured about the loss minimization , losscontrol , security and safety measures , wherever appropriate , to avoidfurther losses

    Comment on the admissibility of the loss as also observance of warrantyconditions under the policy contract

    Assess the loss on behalf of the insurer

    Give reasons for denial of claim , incase the claim is not covered by policyterms and conditions

    Comment on its disposal and salvage value

    A surveyor / loss assessor should submit his report to the insurer as

    expeditiously as possible,but not later than 30 days of his appointment.

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    ACTUARY

    DUTIES AND OBLIGATIONS

    In the interest of the insurance industry and the policyholders , the dutiesand obligations of an appointed actuary of an insurer include :

    Render advice regarding product design , pricing , insurance contractwording , investments and re-insurance

    Ensure the solvency of the insurer at all times

    Comply with provisions of Insurance Act regarding maintenance ofrequired solvency margins

    Comply with provisions of Insurance Act regarding certification of theassets and liabilities

    Draw attention of the management towards important issues to avoid (i) anycontravention of the Insurance Act (ii) prejudice to the interests of thepolicyholders

    Comply with IRDA directions from time to time

    Ensure that all requisite records have been made available to him/ her forthe purpose of conducting actuarial valuation of assets and liabilities

    Ensure that the premium rates of the insurance products are fair To certify that necessary reserves have been determined as per the norms

    ofActuarial society of India and IRDA

    Ensure that the policyholders` reasonable expectations have beenconsidered in the matter of valuation of liabilities and distribution of surplusto the participating policyholders , who are entitled to a share of the surplus

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    Risks Management in Insurance Business

    Risks Management is a process of planning, organizing, directing and controlling

    the resources and activities of an organization in order to minimize the adverse

    effects of potential losses at the least possible cost.

    Risk in Insurance Business:-

    Portfolio risk Solvency risk

    Marketing risk

    Market risk

    Operational risk