Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

Embed Size (px)

Citation preview

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    1/50

    A project report

    on

    A study on Customers perception on life insurance policies

    at

    Zen insurance Pvt ltd.

    Submitted in partial fulfillment of theRequirements for the award of the Degree

    of 

    MASTER OF !S"#ESS ADM"#"STRAT"O#

    Submitted $

    Bala

    14BK1E00

    !nder the %uidance of 

    Mr. K.V..!A"#A K$MA 

    %&' ( Assistant Professor

    'EPA"ME)" &* B$!+)E!! A'M+)+!"A"+&)

    !" PE"E! E),+)EE+), C&--E,E

     &Affiliated to 'awaharlal #ehru Technological !ni(ersit$ )$derabad*)$derabad

    +,-. / +,-0

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    2/50

      1)A2TER "

     "#TROD!1T"O#

    +)"&'$C"+&) "& "%E !"$'#

    E(er$one is e3posed to (arious ris4s5 Future is (er$ uncertain6 but there is wa$ to protect

    one7s famil$ and ma4e one7s children7s future safe5 8ife "nsurance companies help us to

    ensure that our famil$7s future is not just secure but also prosperous5

    8ife "nsurance is particularl$ important if $ou are the sole breadwinner for $our famil$5

    The loss of $ou and $our income could de(astate $our famil$5 8ife insurance will ensure

    that if an$thing happens to $ou6 $our lo(ed ones will be able to manage financiall$5 This

    stud$ titled 9Stud$ of 1onsumers 2erception about 8ife "nsurance 2olicies: enables the

    8ife "nsurance 1ompanies to understand how consumer7s perception differs from person

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    3/50

    to person5 )ow a consumer selects6 organi;es and interprets the ser(ice qualit$ and the

     product qualit$ of different 8ife "nsurance 2olicies6 offered b$ (arious 8ife "nsurance

    1ompanies5

    a5 1ertain sum6 termed as premium6 is charged in consideration6

     b5 Against the said consideration6 a large amount is guaranteed to be paid b$

    the insurer who recei(ed the premium6

    c5 The compensation will be made in certain definite sum6 i5e56 the loss or the

     polic$ amount which e(er ma$ be6 and

    d5 The pa$ment is made onl$ upon a contingenc$

    More specificall$6 insurance ma$ be defined as a contact between two parties6 wherein

    one part$ &the insurer* agrees to pa$ to the other part$ &the insured* or the beneficiar$6 a

    certain sum upon a gi(en contingenc$ &the ris4* against which insurance is required5

    T?2ES OF "#S!RA#1E

    "nsurance occupies an important place in the modern world because of the ris46 which

    can be insured6 in number and e3tent owing to the growing comple3it$ of present da$

    economic s$stem5 The different t$pe of insurance ha(e come about b$ practice within

    insurance companies6 and b$ the influence of legislation controlling the transacting of 

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    4/50

    insurance business6 broadl$6 insurance ma$ be classified into the following categories>

    -5 1lassification from business point of (iew

    a* 8ife insurance6 and

     b* %eneral insurance

    +5 1lassification on the basis of nature of insurance

    a* 8ife insurance

     b* Fire insurance

    c* Marine insurance

    d* Social insurance6 and

    e* Miscellaneous insurance

    @5 1lassification from ris4 point of (iew

    a* 2ersonal insurance

     b* 2ropert$ insurance

    c* 8iabilit$ insurance

    d* Fidelit$ general insurance

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    5/50

    8"TERAT!RE

    RE"E<

    8"TERAT!RE RE"E<

    A1B%RO!#D OF T)E ST!D?

    98ife "nsurance is a contract for pa$ment of a sum of mone$ to the person assured

    on the happening of the e(ent insured against:5 !suall$ the insurance contract pro(ides

    for the pa$ment of an amount on the date of maturit$ or at specified dates at periodic

    inter(als or at unfortunate death if it occurs earlier5 Ob(iousl$6 there is a price to be paid

    for this benefit5 Among other things the contracts also pro(ides for the pa$ment of 

     premiums6 b$ the assured5

    8ife "nsurance is uni(ersall$ ac4nowledged as a tool to eliminate ris46 substitute

    certaint$ for uncertaint$ and ensure timel$ aid for the famil$ in the unfortunate e(ent of 

    the death of the breadwinner5 "n other words6 it is the ci(ili;ed world7s partial solution to

    the problems caused b$ death5 8ife insurance helps in two wa$s dealing with premature

    death6 which lea(es dependent families to fend for themsel(es and old age without (isible

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    6/50

    means of support5 The most common t$pes of life insurance are whole life insurance and

    term life insurance5

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    7/50

    specific ris4 or ris4s in e3change for the pa$ment of a consideration commonl$ 4nown as

    a premium5 The nature and e3tent of the ris4 helps to determine the common of the

     premium5

    1ontracts of insurance are based on considerations of indi(idual interest and accordingl$

    the rules which go(ern them are not applicable to social insurance schemes which rest

    on socioGeconomic considerations and are implemented b$ the state on a compulsor$

     basis e5g #SSA

    %+!"&+CA- BACK,&$)'

    The modern insurance contract has its roots in two distinct lines of de(elopment i5e5

    i* The practice of mutual financial assistance which e(entuall$ ga(e rise to

    Mutual insurance6 and

    ii* 1ontract of ris4 spreading for consideration which de(eloped into the

    contract of insurance for profit or premium insurance in the narrow sense

    of the word5

    M$"$A- +)!$A)CE

    Among the Romans6 and e(en ancient %reece and Eg$pt6 societies e3isted which afforded

    members certain benefit such as proper burial ris4s or a financial contribution towards

     buried costs5 These societies can hardl$ be regard as insurer6 but ne(ertheless the$

    represented the idea of mutual assistance in case of materiali;ation of ris4s5

    This idea gained prominence in the guilds or similar associations which e3isted in Europe

    and England during the middle ages5 The associations afforded members or their 

    dependant assistance in case of loss caused b$ perils such as fire6 shipwrec46 theft6

    sic4ness or death5

    The guilds de(eloped into communities which were formed e3pressl$ to spread specific

    ris4s amongst persons e3posed to those ris4s b$ granting each member of the group a

    legal right to assistance if the ris4 materiali;ed5 "n e3change for this right members

    undertoo4 to pa$ regular contributions or premiums5 "n this wa$ the concept of 

    communit$ of similarl$ e3posed persons become firml$ entrenched as an element of the

    concept of insurance5

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    8/50

    +)!$A)CE *& P&*+"

    The idea underl$ing modern profit insurance was manifested in ab$lonia almost +,,

    $ears before 1hrist in a contract of trading capital to tra(eling merchants5 The contract

    contained a clause that the ris4 of loss due to robber$ in transit was borne b$ the part$

     pro(iding the loan5 "n consideration for bearing this ris46 the lender calculated interest on

    the loan at an e3ceptionall$ high rate5 "nsurance for profit as an independent t$pe of 

    contact de(eloped from ris4 contained in maritime loans and certain contract of purchase

    and sale5 The central theme was transfer of ris4s in e3change for a consideration in

    mone$5 The profit moti(e pro(ided an incenti(e for a careful calculation of both the ris4 

    and premium5

    The first clear records of contracts which pro(ided for the underta4ing of a ris4 in

    e3change for mone$ b$ an independent part$ not in(ol(ed in the trade transaction from

    which the ris4 and emanated would seem to be documents containing contracts for the

    transfer of maritime ris4 gained currenc$ towards the end of -.th centur$5 "ndependent

    ris4 bearing for consideration had b$ them de(eloped in the form of marine insurance5

    *$"%E 'EVE-&PME)"

    For a considerable period up to the -th centur$ marine insurance was the dominant form

    of insurance5 "n the course of time howe(er6 the (arious t$pe of insurance as the$ e3ist

    toda$ de(eloped from both mutual and profit insurance5 For instance6 life insurance

     became an independent and acceptable contract of insurance towards the -0th  or -th

    centur$ while fire insurance contract gained currenc$ especiall$ from the - th  centur$

    onwards5

    !&$CE! &* +)!$A)CE -A

    The common law of Himbabwe is RomanGDutch law and as such one would e3cept to

    find the Himbabwean law of insurance in modern 8egislation and in the writings of 

    Roman Dutch 'urists5 )owe(er6 Roman Dutch 8aw is not applied to man$ aspects of 

    insurance contracts5

    Sections @ I . of the %eneral 8aw Amendment Act J1hapter >,K placed Himbabwean

    insurance law into the mainstream legal principles which are 6 b$ and large 6

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    9/50

    homogeneous throughout the world5 The sections pro(ided that the English 8aw of fire6

    life and marine insurance shall appl$ in Himbabwe e3cept statutes passed after -5

    The significance of the date - lies in the fact that the %eneral 8aw Amendment Act

    has its origin in the 1ape Act - and in terms of the said 1ape Act6 onl$ pre -

    Statutes are binding5

    "t is howe(er6 important to note that the %8AA was itself amended b$ section -@ of the

    "nsurance &Amendment* Act6 #o5@ of +,,. with the effect that English law does not

    appl$ to contracts concluded after the commencement of Act #o5@ of +,,.5

    The %8AA ma4es English law applicable onl$ on questions of insurance6 not on

    questions of other branches of law that ma$ arise in the course of an insurance dispute

    Thus in Northern Assurance Co. Ltd v Methuen 1937 SR 103 English 8aw was held not

     binding on a question relating to cesscession of right under a polic$5 "n the same case6

    Mcllwaine A1' L -, applied the principle that if a clause in a polic$ was ta4en from

    English policies6 the meaning gi(en to the clause b$ English law must go(ern5

    "t is not altogether clear whate(er %8AA imports the English 8aw of insurance generall$6

    or the import is confined to fire6 life and marine insurance5

    "n  Horne v Newport Gwit ! South "ritish #nsurance Co. Li$ited 19%1 R!N 7&1 ' 

    77( &aso reported in 19%1)3* SA 3+( ' 3&3 * Maisels ' assumed that the plain wording

    of the Act should not be e3tended= in other words English law must appl$ onl$ to fire6 life

    and marine insurance5 Thus6 for e3ample6 the inclusion in a motor polic$ of co(er against

    fire does not bring the whole polic$ under English law= but con(ersel$6 a claim on the fire

     portion of a mi3ed polic$ will fall to be decided under English law5

    The principle thus formulated seems clear enough but its application in(ariabl$ in(ol(es

    some difficult$ in that while there are matters clearl$ peculiar to insurance e5g insurable

    interest6 ris46 o(erunderGinsurance etc6 other matters are e(identl$ not peculiar to

    insurance e5g stipulations in fa(our of @ rd parties6 trusts6 interpretation of policies6 offer 

    and acceptance and the li4e5 orderline cases often pause an agoni;ing challenge6 for 

    instance6 it has been held that warranties in insurance policies are go(erned b$ English

    8aw &see Morris v Northern Assurance Co. Ltd 1911 C,- (93 ' 30+*6 $et one ma$

    well as4 whether a warrant$ in an insurance polic$ differs substantiall$ from the concept

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    10/50

    of a warrant$ in the law of contract5 The applicabilit$ of English 8aw is thus open to

    debate5

    The South African Appellate Di(ision has traced the origins of the South African 8aw of 

    insurance to the -e/ mercatoria of the Middle Ages5 "n the ultimate anal$sis6 therefore6

    it is clear that the RomanGDutch and English law of marine insurance stem from the same

    original sources5

    Since South Africa has ta4en a distincti(el$ RomanGDutch bias to insurance contracts

    concluded after -6 it is proper to conclude that Himbabwe7s insurance law deri(es

    from the preG- English statutes as read together with the post - RomanGDutch

    common law5 "ndeed this is the (iew that is cr$stalised b$ Amendment #o5@ of +,,. in

    specificall$ ousting English law in contracts concluded after the commencement of the

    amendment5

    C-A!!+*+CA"+&) &* +)!$A)CE

    The most important criteria for classif$ing insurance contracts are the nature of the

    interest insured= whether the object of the ris4 has been (alued or not = the nature of the

    e(ent insured against= the possible duration of the contract= and the purpose of the

    insurance5

    +)'EM)+"# ( )&)+)'EM)+"# +)!$A)CE

    This is the most fundamental distinction between (arious insurance contracts5

    G "n indemnit$ insurance the contract between the parties pro(ides that the insurer

    will indemnif$ the insured for loss or damage actuall$ suffered as the result of

    the happening of the e(ent insured against5

    G The whole purpose of the contract is to restore the insured to his status quo

    ante and the insured ma$ not ma4e an$ profit out of his loss

    G "n nonGindemnit$ insurance6 on the other hand6 the insurer underta4es to pa$ a

    specified amount or periodical amounts to the insured merel$ on the

    happening of the e(ent insured against e5g5 upon the death or injur$ of 

    insured5

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    11/50

    G "t is apparent that the distinction between indemnit$ and nonGindemnit$ has

     been ta4en to lie in the nature of the interest insured7

    G "n indemnit$ insurance the interest must be6 of necessit$ of a proprietar$

    nature6 otherwise no financial loss or damage can be caused through its

    impairment5

    G On the other hand6 the interest which can be the object of a nonGindemnit$

    contract of insurance must be regarded as nonGproprietar$ in substance5 2ut

    differentl$6 nonGindemnit$ insurance depends on an e(ent which in(ariabl$

    relates to the person of the insured or a third part$5

    G An important consequence attached to the distinction between indemnit$ and

    nonGindemnit$ insurance is that in nonGindemnit$ insurance the insurers are

    not entitled to the benefits of proportionate contribution or subrogation5

    P&PE"# ( -+AB+-+"# +)!$A)CE

    G 2ropert$ insurance is concerned with the positi(e elements &assets* of the

    insured7s patrimon$ or estate6 for instance ownership of his house or 

    e3pectation of future benefit5

    G 8iabilit$ insurance is concerned with negati(e elements &liabilities* which

    come into being as part of the insured7s patrimon$ e5g third part$ motor 

    (ehicle insurance5

    C-A!!+*+CA"+&) ACC&'+), "& "%E )A"$E &* EVE)" +)!$E'

    A,A+)!"

    G E3amples include marine insurance6 fire insurance and personal insurance5 This

    classification cuts across the fields of indemnit$ and nonGindemnit$ insurance5 "n

     personal insurance6 we includes life insurance6 personal accident insurance and

    medical insurance5 The e(ent insured against operates on the person of the insured

    or a third part$5

    G depending on the intention of the parties6 personal insurance ma$ either be

    indemnit$ or nonGindemnit$ insurance while nonGpersonal insurance can onl$ be

    indemnit$ insurance and nothing else5

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    12/50

    -&), "EM ( !%&" "EM +)!$A)CE

    G8ong term insurance business is defined in the "nsurance Act as>

    GShort term insurance business is also defined in the Act as>

    The difference between long term insurance and short term insurance appears to

    lie in the fact that long term insurance is concerned onl$ with life insurance

    whereas short term insurance deals with forms of insurance which are usuall$ of 

    short duration5

    *EA"$E! &* +)!$A)CE

    +)!$A)CE A! A C&)"AC"

    &i* 'efinition

    G "n  Lae v Reinsurance Corporation Ltd 19%7)3* SA 1(+ )/*  the court

    adopted the following definition of a contract of insurance>

    G 9  A contract etween an insurer and an insured where the insurer 

    undertaes in return 2or the pa$ent o2 a pre$iu$ to render to the insured a su$ o2 $one or its e4uivaent on the happenin5 o2 a speci2ied uncertain

    event in which the insured has so$e interest :

    G this definition is important in that it elucidates the difference between wagers

    and insurance contracts6 namel$6 the e3istence of an insurable interest in the

    case of an insurance contract proper5

    From the definition cited abo(e it is apparent that an insurance contract must

     pro(ide for>

    &a* pa$ment of a premium

    &b* performance or an underta4ing to perform in e3change for the premium

    &c* the possibilit$ of an uncertain e(ent on the outcome of which the performance

    of the insurer depends on the ris45

    &d* An insurable interest in the uncertain e(ent on the part of the insured5

    ii2 E!!E)"+A- +),E'+E)"! &* A C&)"AC" &* +)!$A)CE

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    13/50

    a2 Premium

    G "n English 8aw the requirement of a premium for insurance is said to be an

    application of the general requirement of (aluable consideration in the sense

    of a 4uid pro 4uo5

    G !nder South African 8aw the requirement of (aluable consideration is not

    recogni;ed5 "t is against the bac4ground of the South African 8aw that a

     premium would not seem to be a requirement for the (alidit$ of a contract of 

    insurance5

    G "t is important to note that essential for the e3istence of an insurance contract

    is an underta4ing b$ the insured to pa$ a premium for his insurance6 and not

     pa$ment of the premium as such5

    G )owe(er6 it has become customar$ to include in a polic$ a term which ma4es

     performance b$ the insurer subject to prior pa$ment of the premium5

    G The underta4ing to ma4e a monetar$ pa$ment as a premium need not be for a

    specific amount but it must at least be ascertainable in order to meet the

    requirements relating to the (alidit$ of contracts in general5

    32 Performance 3y insurer

    G "n indemnit$ insurance6 performance b$ the insurer is meant to compensate

    the insured for loss suffered b$ him5 The usual means of performance b$ the

    insurer is b$ pa$ment of mone$ i5e indirect compensation5

    G The insurer7s performance ma$ also be b$ wa$ of direct or ph$sical

    compensation if the contract so stipulates6 for e3ample6 reinstatement clauses

    frequentl$ encountered in insurance contracts6 in terms of which the insurer is

    gi(en the option to restore the propert$ affected b$ the peril to the condition in

    which it was before the loss5

    G "n  -epart$ent o2 6rade and #ndustr vs St. Christopher Motorists

     Association  Ltd 197+ )1* Lods Rep 17 the court came to the conclusion

    that a contract in terms of which a person is entitled to claim a chauffer 

    ser(ice if he becomes incapable of dri(ing his own car amounts to insurance5

    G A contract which merel$ confers on a person a benefit not amounting to either 

    monetar$ or direct compensation cannot qualif$ as a contract of insurance e5g

    a benefit that a claim to compensation will be considered at the sole discretion

    of the insurer5

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    14/50

    G An underta4ing to compensate the insured in mone$ usuall$ in(ol(es not a

    certain but merel$ an ascertainable performance5

    G The performance of the insurer in nonGindemnit$ insurance is usuall$ in the

    form of mone$5 )owe(er6 it does occur that in certain instances the insurer 

    underta4es to perform something other than pa$ mone$5 The amount insured

    ma$ be specified or ma$ be in periodic pa$ments5

    c2 is5uncertain event

    Ge(er$ true contract of insurance depends on an element of uncertaint$ or 

    contingenc$ in the contract that the contract pro(ides that the insurer will be

    liable to perform if a specified but uncertain e(ent occurs5 This e(ent is

    dependant upon a peril or ha;ard and the possibilit$ that the peril will cause

    harm is 4nown as the ris45

    G A contract can onl$ be classified as an insurance contract if the bearing of 

    the ris4 b$ the one part$ is a substantial part of the contract5

    &d* +nsura3le interest as a c6aracteristic of insurance

    'octrine of interest

    Gthe idea that the actual e3istence of an insurable interest is an essential

    feature of an insurance contract forms part of one of the oldest and most

    fundamental doctrines of the law of insurance6 namel$6 the doctrine of 

    interest5 This doctrine dates bac4 to the  Le8 $ercatoria  of the Middle

    Ages5

    G The Doctrine lies at the root of the distinction between wagers and

    insurance5 The first prominent commentator on the doctrine was 'e

    Casare7is6 who argued that if the parties concluded a genuine contract of insurance the insured would onl$ be entitled to hold his insurer liable in

    terms of the contract if the insured had an interest in the lost goods5 This

    liabilit$ of the insurer was limited to the (alue of the insured7s interest55

    1on(ersel$6 if the parties7 concluded a wager on the outcome of an e(ent

    liabilit$ would follow in spite of the fact that the (alue of an$ interest that

    might e3ist was less than the amount claimed or e(en that no interest

    whatsoe(er e3isted5

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    15/50

     The foregoing (iew held b$ De 1asaregis is full$ in harmon$ with the

    rules of English common law as it stood when wagers were legall$

    enforceable5 The English common law pro(ided that an insurance

    contract was onl$ enforceable if supported b$ an interest when the e(ent

    insured against occurred6 while a wager was enforceable irrespecti(e of 

    whether or not there was an$ insurable interest5

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    16/50

    G "n South Africa the doctrine of insurable interest has been applied b$ some

    1ourts in order to decide whether an insured has a claim for compensation5

    )owe(er6 it has not $et been clearl$ decided whether the e3istence of a

    contract of insurance depends on proof that an insurable interest in fact e3ists5

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    17/50

    G "nsurable interest ser(es a further function not onl$ at the conclusion of the

    contract i5e when the insured is called upon to perform its part of the bargain

    it must be established whether the insured had an insurable interest6 and if so

    to what e3tent his insurable interest has been infringed5

    G Also6 the insurable interest of the insured is regarded as the object of the

    insurance i5e it is interest as such that is insured5

    +)!$A)CE A! A P+)C+PA- ( +)'EPE)'E)" C&)"AC"

    !+M+-A+"+E! BE"EE) +)!$A)CE ( !$E"#!%+P

    G oth are depended upon an uncertain e(entG oth accomplish a mere indemnit$ to the e3clusion of profit5

    G 1ertain legal rules applicable to insurance ha(e counterparts in the law of 

    suret$ship e5g5 the right to claim a contribution6 the right to demand a cession of 

    action6 and the right to be subrogated5 The later right6 which enables an insurer 

    who has made good a loss &compensated an insured* to proceed against the part$

    who caused the loss6 has gi(en rise to the courts equating an insurer to a suret$5

     ,;R,

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    18/50

    onl$ be insurance if it is the intention of the parties that the insurer will indemnif$

    the insured for an$ loss caused b$ the e(ent concerned6 that is6 non / fulfillment

    of a contract5 "f it is the intention the obligation as such must be fulfilled b$ the

    other part$6 the contract amounts to suret$ship5

    *&MA"+&) &* A C&)"AC" &* +)!$A)CE

    G=N=RAL ,R#NC#,L=S 

    The basis of contractual liabilit$ where the parties do not misunderstand each other is

    consensus ad ide$ a$ino contrahendi.

    G "n those cases where the parties misunderstand each other and apparent consente3ists6 liabilit$ rests on the reasonable reliance b$ a contracting part$ on the

    e3istence of consensus5 This ma$ be termed constructi(e consent5 Alternati(el$ a

     part$ can rel$ on the doctrine of estoppel if the$ can satisf$ the stringent

    requirements of estoppel and wishes to a(ail himself of this remed$ in order to

    hold a part$ bound b$ the appearance of consensus he created5 )owe(er6 for a

    contract to e3ist as such actual or constructi(e consent must e3ist5

    G A contract of insurance comes into e3istence as soon as the parties ha(e agreed

    upon e(er$ material term of the contract the$ wish to ma4e such as the person or 

     propert$ to be insured6 the e(ent insured against6 the period of insurance and the

    amount of premium5 The parties need not necessaril$ agree on non / essential

    terms6 just that the$ must agree on the essentials for insurance5

    G As a rule6 the parties to a contract of insurance do not appl$ their minds to each

    specific term but rather contract on the basis of the insurer7s usual terms for the

     particular t$pe of ris4 to be insured against5

    G The contract of insurance onl$ comes into e3istence when consensus is reached5

    "%E PA"+E!

    G The ordinar$ indemnit$ policies there are usuall$ two parties i5e5 the insurer and

    the insured5 The insured is the person who enjo$s protection in terms of the polic$

    and he is first holder of the polic$5 Subsequent holders of the polic$ are in the

     position of cessionaries5

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    19/50

    G "n terms of 2art """ Section of the "nsurance Act6 an insurer must be a bod$

    corporate registered in terms of the Act5

    G There ma$ also be a third part$ interested in a particular polic$6 (i;6 the

     beneficiar$ in terms of a contract in fa(our of a @rd part$5

    G The parties to a contract of insurance ma$ be represented b$ agents5

    &**E 

    G "n general insurers do not ma4e binding offers to insure but rather in(ite the

     parties to appl$ for insurance i5e5 an in(itation to treat5

    G The actual offer is therefore made b$ the proposed insured b$ completing the

     proposed form which6 as formulated b$ insurers do not lea(e much room for 

     bargaining between the parties5

    G Most of the terms of the proposed contact are not e3pressl$ stated6 the intention

     being to contract on the usual terms of the insurer5 Once a reference to the usual

    terms is included in the contract6 the insured actuall$ agrees to them and cannot

    afterwards be heard to sa$ that he did not ha(e the opportunit$ to ascertain the

    e3act content of such terms5

    G "n a case where the proposal b$ the insured to be is not acceptable to the insurer 

    as it stands but where the insurer is willing to contract on other terms6 a counter / 

    offer ma$ be made b$ the insurer5

     ACC=,6ANC= 

    G This means an e3press or tacit statement of intention in which an offeree signifies

    his unconditional assent to the offer5

    G The insurer as offeree usuall$ accepts the offer b$ sending the proposer a polic$

    accompanied b$ a co(ering letter communicating the acceptance5 !suall$ the (er$

    act of sending the polic$ is sufficient to communicate acceptance5

    G A demand for the premium b$ the insurer ma$ also operate as an acceptance5

    G A firm acceptance ma$ also be contained in a an interim co(er note6 albeit such

    note is generall$ an acceptance of a proposal for temporar$ co(er5

    G "f a polic$ which is dispatched to the proposer differs from the terms of the offer 

     but the insurer did not intend it to differ6 the dispatch of the polic$6 subject to

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    20/50

    rectification of the polic$6 is sufficient to signif$ the insurer7s acceptance5

    1on(ersel$6 if the polic$ issued is intended to differ from the proposal recei(ed b$

    the insurer6 the issuance of the polic$ can at most be a counter offer requiring

    acceptance b$ the insured to be5

    "%E P&-+C#

    G is the document e3pressing the terms of a contract of insurance 5 a contract of 

    insurance does not need to be in writing to be (alid but it has become standard

     practice to reduce the contracts to writing5

    G The effect of reducing the contract to writing is that the document6 b$ (irtue of the

     parol e(idence rule6 becomes the onl$ record of the transaction between the

     parties6 pro(ided the parties accept the written document as the sole memorial of 

    their transaction5

    G

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    21/50

    G li4e an$ other contract a contract of insurance must be lawful5 The common law

    renders illegal all contracts which are contrar$ to public polic$ or good morals5

    The prohibition of a contract b$ the law ma$ relate to the conclusion or the

    contract performance in terms of the contract6 or the purpose of the contract5

    G "n line with the principle of sanctit$ of contracts and the rules of interpretations a

    court6 when called upon to decide whether an insurance contract is unlawful6

    attempts to uphold the contract b$ establishing whether the objectionable

    elements can be se(ered from the contract with the remainder being enforceable5

    !nless the illegalit$ appears e8 2acie  the transaction sued upon6 a litigant who

    wishes to rel$ on a defence of illegalit$ must plead and pro(e such illegalit$ and

    the circumstances upon which it is founded5

    G The requirements of lawfulness of contracts are go(erned b$ the general

     principles of the law of contract and there are no principles peculiar to insurance

    contracts5

    G The litmus test for legalit$ in respect of certain contracts of insurance is to be

    found in the pro(isions of the "nsurance Act6 for instance 2art "N of the Act6

    Section .- forbids insurers to insure li(es of $oung children in e3cess of certain

    amounts> Section of the Act also prohibits persons from carr$ing on an$ class of 

    insurance business in Himbabwe unless he is registered in terms of the Act as an

    insurer in the class of insurance business carried on b$ him5 Other prohibitions

    relate to licensing and other related aspects5

    G The Act does not e3pressl$ pro(ide that a contract concluded in contra(ention of 

    its pro(isions is in(alid5

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    22/50

     ,=R>;L

    G "f the parties conclude an insurance contact to co(er the insured where the crime

    or ci(il wrong of is closel$ associated with it6 the purpose of the agreement and

    therefore the agreement itself is unlawful5

    G "n  Richards v Guardian Assurance Co. 1907 6H (+  it was decided that an

    agreement to insure a house which was being used as a brothel was unlawful5 The

    court e3plained that where the legislature has laid down that certain acts are

    illegal6 all acts which tend to facilitate or encourage such illegal acts must

    themsel(es be regarded as illegal5

    ;NR=AS

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    23/50

     ,=R>

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    24/50

    G All contracts are subject to good faith i5e the$ are bona fide5

    G "n modern case law and literature insurance contracts ha(e been classified as

    contracts ueri$$ae 2idei 5 This is the pre(ailing classification in English 8aw5

    G "n South Africa6 the Appellate Di(ision in  Mutua #nsurance Co. Ltd v

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    25/50

    G Therefore reference outmost good faith does not indicate a distinct principle of 

    law= there are no degrees of good faith6 such as little6 more or utmost good faith

    &See Mutua ! >edera #nsurance Co Ltd v

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    26/50

    accept the ris46 the e3tent of the ris4 to be accepted and the terms of the contract

    such as the amount of premium to be charged5

    G Since decisions concerning the ris4 and premiums are included in the contract

    the$ must be ta4en before the contract is concluded5

    G "n (iew of the fact that the requirements of good faith and the dut$ to disclose

    material facts can ob(iousl$ be classified as part of the law on misrepresentation

    and not as some distinct and strict or principle6 the position of the proposer is not

    undul$ aggra(ated b$ the e3istence of these duties5

    The principles of misrepresentation and good faith appl$ to all t$pes of insurance5

    E@$+EME)"! *& -+AB+-+"# *& M+!EPE!E)"A"+&

    G Misrepresentation is a delict and as such a part$ to a contract of insurance who

    see4s relief on the ground of misrep must pro(e that the misrep meets all the

    requirements for liabilit$ in delict6 namel$6 an act &conduct* committed b$ the

    wrongdoer6 an element of wrongfulness attached to the act6 a detrimental result

    which was caused b$ the wrongful conduct6 and &usuall$* a blameworthiness on

    the part of the wrongdoer5

    M+!EPE!E)"A"+&) B# C&MM+!!+&)

    G "s a positi(e act consisting in a preGcontractual statement of fact made b$ one of 

    the parties to a contract of insurance5 The statement must be false or inaccurate

    and wrongful6 and ma$ be accompanied b$ fault or ma$ be innocent6 and must

    induce the other part$ to enter into the contract or to agree to specific terms in the

    contract6 contrar$ to what he would ha(e done if he had not been misled5

    E-EME)" &* M+!EP B# C&MM+!!+&)

    P&!+"+VE AC" &* C&MM+!!+&)

    G The representation ta4es place b$ means of a positi(e act or commission in the

    form of an actual statement and not through omission5

    G The statement ma$ be written or oral6 it ma$ comprise of an incorrect or 

    inaccurate answer gi(en to a question b$ an insurance agent or in a proposal form5

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    27/50

    !"A"EME)" &* *AC"

    G A misrepresentation gi(e rise to liabilit$ onl$ if it consists in a statement of fact5 A

    mere opinion does not suffice to incur liabilit$ on the part$ e3pressing it5

    *A-!E & +)ACC$A"E !"A"EME)"

    G the statement must be wholl$ false or at least inaccurate5

    G The accurac$ of a settlement must be gauged b$ considering it within the conte3t

    in which it was made5

    G "t is sometimes said that a statement need not be correct in e(er$ detail6 howe(er 

    or substantiall$ correct5

    &),*$--)E!!

    G A positi(e representation is onl$ wrongful if it relates to material facts6 if it is

    false and if the part$ to whom it is addressed was actuall$ misled in the sense that

    he put his faith in the false representation5

    M+!EPE!E)"A"+&) B# &MM+!!+&)

    G A misrepresentation b$ omission is a wrongful omission b$ on of the parties to a

    contract of insurance to disclose6 during the course of preGcontractual negotiations

    certain facts within his 4nowledge6 thereb$ inducing the other part$ to enter into

    the contract or to agree to specific terms in the contract6 contrar$ to what he

    would ha(e done if the facts had been disclosed5 The omission ma$ be

    accompanied b$ fault or ma$ e(en be completel$ innocent5

    &MM+!!+&)

    G although is can be t$pical as a settlement of fact6 the act which creates a wrong

    impression is not a positi(e one6 but an omission6 namel$ the failure to remo(e an

    e3isting fact which would ha(e done so5 The omission ma$ be a deliberate

    concealment or an inad(ertent nonGdisclosure5

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    28/50

    a2 'uty to disclose

    G An omission is wrongful if it is committed in breach of a dut$6 resting on a part$

    to act positi(el$5

    G A dut$ to act positi(el$ arises if the circumstances are such that the imposition of 

    a dut$ is reasonable according to the legal con(ictions of the communit$5 A dut$

    to disclose e3ists with reference to facts6 which are material to the contract in

    question and if the representati(e has actuall$ been mislead b$ the failure to

    disclose5

    G The dut$ to disclose has been said to be 9the correlati(e of a right of disclosure

    which is a legal principle of the law of insurance> &see Mutual *ederal

    +nsurance Company -imited v &udts6oorn Municipality case*

    G The reference to the dut$ of disclosure as being particularl$ related to the contract

    of insurance must be understood as an e3pression of the fact that the

    circumstances surrounding insurance contracts are t$picall$ circumstances gi(ing

    rise to a dut$ to disclose5

    &b* Facts within 4nowledge of Representor 

    G "n  oe v Law ;nion and Crown #nsurance Co 190? )(0 " ?%3 )LA* ??+

    Fletcher Moultin 8' said that the dut$ in point > 9is a dut$ to disclose6 and $ou

    cannot disclose what $ou do not 4now5 The obligation to disclose6 therefore6

    necessaril$ depends on the 4nowledge $ou possess:

    G Section - of the Marine "nsurance Act of -,0 pro(ides that an insured 9is

    deemed to 4now e(er$ circumstances which6 in the ordinar$ course of business6

    ought to be 4nown b$ him:5

    G

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    29/50

    of a kindred nature”. Further6 an insurer ma$ e3pressl$ limit the dut$ b$ stating

    that no further information on a particular subject is required5

    G The dut$ ma$ also be e3tended b$ question in a proposal form5

    G 1ertain categories of facts which are6 in principle6 material ne(ertheless fall

    outside the ambit of the dut$ to disclose e5 g5 those facts which are actuall$ 4nown

    to the other part$ such as those which are matters of common 4nowledge e3isting

    in the public domain or those matters that li(e within the sphere of 4nowledge of 

    the ordinar$ professional insurer5

    G A proposer need not disclose facts tending to diminish the ris4 although the$ are

    material to the insurer7s decision on whether to underta4e the ris4 and at what

     premium

    &d* Duration of dut$ of dut$ of disclosure5

    G The dut$ seems to relate onl$ $o negotiations preceding the contract5 As 1orbett

    'A remar4ed in 2ereira Marine and Trade "nsurance 1ompan$ 8imited

    -C&.* SA .C &A* C0A “the purpose and rationale of the pre-contract 

    duty of disclosure could hardly apply after the conclusion of the contract.

    G Therefore the dut$ attaches to material facts that come to a part$7s attention

    during negotiations5 Once the contract comes into e3istence6 a part$ needs no

    disclose material facts coming into his 4nowledge5

    G "f a contract of insurance is renewed the dut$ of disclosure attaches just as

    concluded5 This means that a part$ is obliged to disclose all material facts

    including those which ha(e come to his 4nowledge since the conclusion of the

    original contract5

    Materiality of non disclosure

    G The courts limited the actionabilit$ of false representations to those relating to

    insurance matter are concerned5

    See Stu$es D New Eeaand #nsurance Co. Ltd 19%3 )(* SA ++ )SR* 

     e v ,icerin5 19?0 ELR aso reported in 19?0)E* A 7&? )R*6

     ,icerin5 D Standard Genera #nsurance Co Li$ited 19?0 )+* SA 3(% )EA* ' 

    331

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    30/50

     Mutua and >ederea #nsurance Co Li$ited D arr 19(1 Ad +13*

    G The difficult$ that arises is what criteria is used to determine the probable

    influence on the mind of the representati(e5

    G The difficult$ arises in relation to misrep made b$ a proposer towards an insurer

    where the facts are regarded as material if the$ will probabl$ influence the

    decision of the insurer whether to accept the ris46 and if so6 at what premium5

    G The criterion for determining the influence on the insurer7s decision is the

    9reasonable man test: &See >ine v 6he Genera Accident >ire and Li2e

     Assurance Corp Li$ited  Coonia #ndustries v ,rovincia #nsurance Co6

     ,ereira D Marine and 6rade #nsurance6  Mutua ! >edera #nsurance v

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    31/50

    G According to the Appellate Di(ision this test is applied to determine6 whether or

    not6 from the point of (iew of the a(erage prudent person6 the undisclosed

    information or facts are reasonabl$ relati(e to the ris4 or the assessment of the

     premium5

    G A number of decisions suggest that the criterion is the judgment of a prudent and

    e3perienced insurer6 which means the facts are material if the$ will influence the

    mind of a prudent and e3perienced insurer in relation to the ris4 and its premium

    &See such cases as Coonia #ndustries v ,rovincia #nsurance Co /htes

     =state v -o$inion #nsurance Co o2 Mutua ! >ederea #nsurance Co v

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    32/50

    G For the sa4e of clarit$6 the test of materialit$ formulated in the  Mutua and 

    >edera case is best e3pressed as referring to those facts which are reasonabl$ related

    to the insurer7s decision when all the circumstances of the case are ta4en into account5

    ENAM28E OF 1ATE%OR"ES OF FA1TS T)AT )AE EE# )E8D TO E

    MATER"A8

    G Facts indicati(e of e3ceptional e3posure to ris4 such as a dangerous occupational

    or hobb$6 characteristics or attributes ma4ing the person or object e3posed to the

    ris4 particularl$ (ulnerable5

    G The insurance record6 for instance the fact that was cancelled )Coonia

     #ndustries*.

    G Subjecti(e circumstances affecting the ris4 such as the proposer7s financial or

     business integrit$6 circumstances indicating that moti(e for insurance ma$ be

    illegal or dishonest6 or the fact that the proposer is prone to cause the ris4 to

    materiali;e5 An e3ample is where an insured fails to disclose that he is an

    unrehabilitated insol(ent &See Sten v A

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    33/50

    "t means that a contract of insurance creates a personal right for an insurer against its

    insured it terms of which it is entitled to recoup itself out of the proceeds of an$ rights

    the insured ma$ ha(e against @rd parties in respect of the loss5

    The right for reimbursement cannot be for more than the amount paid out the insurer 

    as indemnit$ to the insured5

    Subrogation is concerned e3clusi(el$ with the mutual rights and liabilities of the

     parties to the contract of insurance6 it confers no rights and imposes no liabilities on

    third parties5

    ecause the insurer is6 as against its insured entitled to be reimbursed out of the

     proceed of the insured7s remedies against @rd parties6 the insured ma$ not acti(el$ deal

    with his rights against @rd parties to the detriments of the insurer6 for instance b$

    releasing the @rd part$ from liabilit$5

    "n support of its right to reimbursement6 an insurer is also entitled to its insured7s

    consent to bringing an action against a third part$ in the name of the insured5 This

    latter right is 4nown as the insurer7s secondar$ right onl$ arises where the insured has

    lost all interest in the outcome of the proceedings in that he has recei(ed full

    compensation for all losses caused b$ the e(ent insured against5 The insurer then

     becomes the do$inus itis although the action proceeds in the name of the insured5

    The ad(antage for the insurer is that it can ensure that an action is brought against the

    @rd part$ and that the proceedings are properl$ conducted5

    "%E P$P&!E &* !$B&,A"+&)

    "t purpose is to pre(ent the insured from retaining an indemnit$ from both the insurer 

    and a third part$5

    Further6 through subrogation the insurer is recompensed for the amount it has paid to

    the basis of the insured5 This right of redress is the basis of the insured7s dut$ not to

     prejudice the insurer7s position5

    $ affording the insurer a right of redress6 the cost of insurance to the public is 4ept

    low6 since the insurer is enabled to recoup its loss from a source other than premium

    income5

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    34/50

    On a social le(el the doctrine ser(es to safeguard the principles that a person who has

    caused loss to another b$ his unlawful conduct must bear that loss since a wrongful

    cannot hide behind insurance5

    The doctrine of subrogation also strengthens the position of an insurer b$ creating a

    trust in fa(our of the insurer5 "n Acer$an v "ouser 190?

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    35/50

    and whether such right could or could not be enforced by the insurer in the name of 

    the assured by the eercise or acquiring of which right or condition the loss against 

    which the loss is insured can be or has been diminished” 

    The insurer is therefore not onl$ entitled to the ad(antages of the insured remedies

    against @rd  parties who are contractuall$6 delictuall$ or otherwise liable for 

    compensation for the loss6 but also to the ad(antage of e(er$ other right6 pro(ided it

    ser(es as a total or a partial substitute for the insured interest6 such as the proceeds of 

    a sale of an insured asset or compensation upon e3propriation5

    Subrogation applies also to rights recei(ed b$ the insured e(en though no right to

    recei(e such gifts e3isted when the loss occurred5

     R=@;#R=M=N6S >

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    36/50

    &j* Right of action against third part$ must e3ist / subrogation can onl$ operate if the

    insured in fact has a remed$ against a third part$ &See Ac4erman (s 8ouber --

    O2D @- L @*

    +,%"! &* "%+' PA"+E!

    Although it is usuall$ the contracting parties who enjo$ the benefit of a polic$6 a third

     part$ ma$ become entitled to claim under the polic$ b$ (irtue of a transfer of right to

    him or b$ (irtue of a no(ation in his fa(our5

    ?et another wa$ in which a person ma$ become entitled to claim in terms of a polic$

    concluded b$ another in his own name6 is accepting a benefit conferred upon him in

    the polic$5

    The notation of a third part$7s interest in a polic$ has certain consequences5

    1. CE!!+&)

    &a* Ordinar$ cession of insured7s rights5

    &b* The insured can effect a transfer of his right&s* b$ wa$ of cession5

    &c* 1ession b$ definition is an agreement which pro(ides that the cedent transfers a

    right to the cessionar$5

    &d* 1ession depends on consensus in the sense that cedent must ha(e the intention to

    transfer the right to cessionar$ and that the cessionar$ must ha(e a corresponding

    intention to recei(e the right5

    &e* An insured can cede his claim in either indemnit$ or no / indemnit$ insurance

    whether before of after the materiali;ation of the ris4 insured against5

    &f* Although in principle rights under insurance policies ma$ be freel$ ceded without

    the consent of the insurer6 policies frequentl$ contains clauses prohibiting or 

    regulating transfer5 Thus a polic$ ma$ contain an out and out prohibition on

    alienation requiring the consent of the insurer to be obtained for a (alid cession5

    )owe(er6 such a clause must be shown to ser(e a useful purpose otherwise it

    cannot be enforced5 &See Northern Assurance Co. Ltd v Methuen 1937 SR 103

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    37/50

    >ouche v 6he Corp o2 London Assurance 1931 /L- 1+& ' 1&7 Gowie v

     ,rovident #nsurance Co )1??&* + SC 11? ' 1((* &See also Section C of the Act*

    &g* Another t$pe pf clause requires the insured to gi(e notice of an intended cession

    and states that the cession will ta4e effect onl$ upon registration b$ the insurer5

    &h* The effect of a cession is that the claim (ests in the cessionar$ and nothing

    remains with the cedent5 The cessionar$ is the creditor and a such is the onl$

     person who can sue for or recei(e pa$ment5 Thus of the insured cedes his

    conditional right to indemnification if the cessionar$ who can claim and recei(e

     pa$ment should a loss occur to the insured thereafter5

    &i* The right which is transferred to the cessionar$ is the right which the cedent had6

    thus if the right which has been ceded is the insured conditional right to

    indemnification6 the cessionar$ can upon occurrence of a loss6 sue onl$ for the

    loss suffered b$ the insured and not for an$ loss the cessionar$ himself ma$ ha(e

    suffered5

    &j* Further6 the right is transferred subject to all defects and limitations attached to it

    in the hands of the cedent including the pa$ment of premiums6 obser(ance of 

    warranties and the following of proper claims procedure5 "t is important to note

    that cession of the insured7s rights does not transfer the insured7s duties as such6

     but non / fulfillment ne(er the less pro(ides the insurer with a defence5

    &4* )a(ing ceded his right6 the insured remains liable to the insurer5

    &l* A (alid cession of a claim under a polic$ can be defeated b$ a subsequent

    agreement canceling the cession and amounting to a reGtransfer of the right5

    &m*1ession in securit$ for debt5

    &n* Right under both indemnit$ and nonGindemnit$ policies are frequentl$ emplo$ed

    to secure a debt5

    &o* "n some older insurance cases6 the court adopted the (iew that a cession in

    securit$ in securit$ for debt is tantamount to the granting of a pledge5 This line of 

    thought culminated in the case of #ational band of South Africa 8td ( 1ohan7s

    Trustee --- AD +@C6 wherein the Appellate Di(ision held that a trustee of an

    insol(ent estate was entitled to claim and administer the amount pa$able under a

    fire polic$ which had been ceded b$ the insol(ent as securit$ for debt5

    &p* Another school of thought a cession in securit$ for debt is a complete cession of 

    the right subject onl$ to a fiduciar$ pact5 The cedent is completel$ di(ested of his

    right but in terms of the pactum adiectum the cessionar$ ma$ retain the right so

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    38/50

    ceded for securit$ purposes5 Moreo(er6 this right must be reGceded to the cedent as

    soon as the secured debt has been redeemed5

    &q* The reasonable conclusion seems to be that the soGcalled cession in securitatem

    debiti can ta4e one of two forms5 "t can be an out and out cession subject to a

    fiduciar$ pact or it can be tantamount to the granting of a pledge5

    &r* The question whether an ordinar$ cession with no strings attached6 a cession in

    securitate$ deiti  sensu stricto or a transaction in the nature of a pledge has

    occurred depends on the intention of the parties and not on the parties and not on

    the outward form of the transaction5

    &s* "t has been decided that where a polic$ has been emplo$ed as securit$6 the holder 

    of the polic$ can cede his right to the balance of the proceeds of the polic$ as

    securit$ for $et another debt5

    &t* A person who has ta4en a polic$ as securit$ ma$ not deal with the polic$ in

    disregard of the insured7s rights6 for e3ample b$ compromising a claim5

    +5 S!ST"T!T"O#

    &a* oluntar$ substitution of insured

    &b* A contract of insurance is a personal contract and in principle does not follow a

    transfer of the interest which is the object of the insurance5 The consent of the

    insurer must be obtained is a (oluntar$ substitution of the insured is desired6 for 

    instance upon a sale and transfer of the insured propert$5

    &c* A distinction and a cession of the insured7s rights under the polic$5 A (alid

    substitution means that another person ta4es the place of the original insured= i5e5

    assumes the obligations and rights of the initial insured5

    &d* Substitution of the insured requires a no(ation of the polic$5

    &e* Substitution of the insured b$ operation of the the law

    &f* Ta4es place upon death6 marriage in communit$ of propert$ and sequestration5

    @5 "#S!RA#1E FOR T)E E#EF"T OF T)"RD 2ART"ES

    "s founded on the basis of the con(entional contracts for the benefit of third parties

    commonl$ 4nown as stipulatio alteri5 A contract in fa(our of a third part$ is contract

    in terms of which one part$6 the promittens6 agrees with another6 the stipulates6 that he

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    39/50

    will perform something for the benefit of a third part$5 The stipulates does not act in

    the name of third part$ but in his own name although for the benefit of the third part$5

    "n the case of /aachs 6rustee v /aach 191+ A- (0(6 the Appellate Di(ision

    stated that a contract for the benefit of a third part$ is not simpl$ a contract to benefit

    a third person6 but a contract between two persons which is designed to enable a third

     person to step in as a part$ to a contract with one of those two5 A t$pical ma4ing the

     proceeds of the polic$ ma4ing the proceeds of the polic$ pa$able to a third person or 

    a stipulation in an indemnit$ polic$ e3tending indemnification to persons other than

    the polic$ holder5

    The courts ha(e held that a third part$ does not acquire an$ right from an agreement

    in his fa(our unless he accepts5 !pon acceptance b$ the third part$ a legal tie is

    created between the promittens and the third part$5

    The third part$ who is to benefit from a polic$ must be described in such a wa$ that

    he can be identified5 "t is not necessar$ to name a specific beneficiar$6 a class of 

     beneficiaries ma$ be designated pro(ided that it is done in clear terms5

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    40/50

    "n Curtis =state v Gron$in5ster 19+( C,- &11  the insured too4 out a heritage

     polic$5

    '&$B-E +)!$A)CE

    Occurs when the same interest is insured b$ or on behalf of the same insured against

    the same ris4 with two or more independent insurers5 "nsurance in fa(our of a third

     part$ ma$ also result in double insurance5

    The concept is important for two reasons

    if and double insurance amounts to o(erGinsurance &i5e the total of all insurances is

    more than the total (alue of the insured7s interest* an insurer who pa$s more than its

     proportionate share of the loss has a right to contribution against each of the other 

    insurers5

     policies often contain / pro(isions that the insured must disclose other insurances

    which subsist at the time the polic$ is issued or which are contracted subsequentl$

    and that in the e(ent of double insurance the insurer will onl$ be bound to pa$ the

    insured its proportionate share of the loss5

    REP!"REME#TS

    &a* The policies must o(erlap as to the e(ent insured5 "t is necessar$ that the policies

    co(er e3actl$ the same ris4s but the$ must ha(e a particular e(ent in common

     before the$ amount to double insurance in respect of that ris45

    &b* The polic$ must relate to the same interest

    The$ policies ma$ each co(er a (ariet$ of interest but all must co(er the interest6

    which e(entuall$ suffers

    &c* The policies must relate to the same object of ris46 otherwise the insurance cannot

     be in respect of the same interest5

    &d* The policies must be in force at the same time and the$ must be (alid and

    effecti(e5

    &g* The e3istence of other insurance policies is usuall$ not a material fact which

    requires disclose b$ the insured but then policies frequentl$ require the insured to

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    41/50

    notif$ the insure of such e3istence5 Such clauses usuall$ pro(ide the unless

    timorous notice is gi(en6 the polic$ will be forfeited 5The 1ourts ha(e decide that

    whole the decide that whole specif$ the time within which the notice must be

    gi(en6 the notice must be gi(en within a reasonable time5

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    42/50

    1ontribution is restricted to indemnit$ insurance5

    euirements for t6e ri76t of contri3ution

    &a* The insurer claiming contribution must ha(e discharged its liabilit$ to the insured5

    &b* "t must ha(e paid more than its prorata proportion of the loss

    &c* The pa$ment must ha(e been in respect of an interest which is the subject of 

    double insurance55

    The calculation of the proportionate share of each insurer is often simple5

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    43/50

    "n order to discourage under / insurance certain clauses ha(e been de(eloped such as

    the condition of a(erage5

    C

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    44/50

    CR#6#C#SM 6H= AM=N-M=N6 AC6 

    &m*

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    45/50

    +* 1onsumer mar4ets and consumer bu$ing beha(ior can be understood before

    sound product and mar4eting plans are de(eloped

    @* This stud$ will help companies to customi;e the ser(ice and product6

    according to the consumer7s need5

    .* This stud$ will also help the companies to understand the e3perience and

    e3pectations of the e3isting customers5

    C* Apart from creating6 manufacturing and distribution capabilities for life

    insurance products6 an in depth stud$ of the consumers6 their preferences and

    demand for their product is (er$ necessar$ for setting up an efficient

    mar4eting networ45

    STATEME#T OF T)E 2RO8EM

    This Stud$ will help us to understand the consumer7s perception about life

    insurance companies5 This stud$ will help the companies to understand6 how a

    consumer selects6 organi;es and interprets the Pualit$ of ser(ice and product

    offered b$ life insurance companies5

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    46/50

    &3Dective of t6e !tudy

    -5 Ascertain the profile and characteristics of potential bu$ers5

    +5 To ha(e an insight into the attitudes and beha(iors of customers5

    @5 To find out the differences among percei(ed ser(ice and e3pected ser(ice

    .5 To produce an e3ecuti(e ser(ice report to upgrade ser(ice characteristics of life

    insurance companies5

    C5 To access the degree of satisfaction of the consumers with their current brand of 

    "nsurance products5

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    47/50

    %ypot6esis

    %ypot6esis 1

    ), / There is no Association between age and consumer perception

    )- / There is an Association between age and consumer perception

    %ypot6esis

    ), / There is no Association between Pualification and consumer perception

    )- / There is an Association between Pualification and consumer perception

    %ypot6esis =

    ), / There is no Association between %ender and consumer perception

    )- / There is an Association between %ender and consumer perception

    %ypot6esis 4

    ), / There is no Association between income and consumer perception

    )- / There is an Association between income and consumer perception

    %ypot6esis :

    ), / There is no Association between area and bu$ing decision

    )- / There is an Association between age and bu$ing decision

    %ypot6esis 9

    ), / There is no Association between mar4et position of the compan$ and bu$ing decision

    )- / There is an Association between mar4et position of the compan$ and bu$ing decision

    %ypot6esis ?

    ), / There is no Association between attitude and bu$ing beha(ior decision

    )- / There is an Association between attitude and bu$ing beha(ior decision

    %ypot6esis ;

    ), / There is no Association between percei(ed ser(ices and e3pected ser(ices

    )- / There is an Association between percei(ed ser(ices and e3pected ser(ices

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    48/50

    %ypot6esis 8

    )o> There is no association between customer satisfaction and ser(ices pro(ided b$ the compan$5

    )-> There is an association between customer satisfaction and ser(ices pro(ided b$ the compan$5

    !C&PE &* "%E !"$'#

    This stud$ is limited to the consumers within the limit of )$derabad cit$5

    The stud$ will be able to re(eal the preferences6 needs6 perception of the customers

    regarding the life insurance products6 "t also help the insurance companies to 4now

    whether the e3isting products are reall$ satisf$ing the customers7 needs 5

    The following are the limitation of this stud$

    The stud$ is conducted in short period6 due to which the stud$ ma$ not be detailed all

    aspect5

    8ac4 of time on performing the project in detail stud$5

    The scrip chosen for anal$sis is from Puestionnaire

    The data collected is completel$ restricted to the in(estors of Hen insurance

    Period of t6e study

    The duration of the project is .Cda$s

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    49/50

    E!EAC% A)' ME"%&'&-&,#F

    A5 T$pe of research is descripti(e research b$ sur(e$ method5

    5 2rimar$ data is collected from the "n(estors and secondar$ data from compan$ profile6

     brochures5

    15 Sample Si;e> C, in(estors5 1ollection Method> personal5

    D5 Tool> a structural questionnaire was prepared to collect information pertaining to the

    stud$5 The questionnaire was administered to the compan$

    'A"A !&$CE!F

    a2 Primary 'ata>

    The data will be collected though holding discussions with the emplo$ees of the compan$

    and discussing the questionnaires with e3isting customers of the compan$5 32 !econdary 'ata>

    The present stud$ is based on Secondar$ data5 The (arious source of secondar$ data include

    • "nternet

    • "nformation pro(ided b$ the compan$

    • Maga;ines

     E!EAC% 'E!+,)>

    The research is primaril$ both e3planator$ as well as descripti(e in nature5 A wellGstructured

    questionnaire was prepared and personal inter(iews were conducted to collect the customer7s

    requirements6 through this questionnaire5

    !AMP-+), ME"%&'&-&,#F

  • 8/17/2019 Bala ( Astudy on Customer Perception Towards Life Insurance Policies)

    50/50

    a2 !amplin7 "ec6niue>

     Random sample method5

    32 !amplin7 siGeF

    Sample si;e refers to number of elements to be included in the stud$5

    Sample si;e is C, in(estors of 9Hen "nsurance:

     'A"A A)A-#!+! "EC%)+@$EF

    a5 2ercentages I b5 ar / diagrams