Insurance – an overview

Life is full of risks and uncertainties. And that's what makes it so interesting and exciting! But some unexpected events can really set you back. 

Insurance helps us to protect ourselves and the things we value, such as our houses, our cars and our valuables, from the financial impact of risks, big and small - natural calamities like flood, storm and earthquake, to manmade calamities like theft, car accidents, fire and even from the costs of legal action against us. 

In general, insurance works by spreading the cost of unexpected risks amongst a large number of people who share similar risks. It is founded on a simple idea. Even though an event like an accident or a fire can come as a terrible economic blow to someone, when we take the society as a whole, during any given year, only a few would suffer such a loss. If a small contribution is collected from everyone in the community and pooled to create a common fund, the amount so pooled can be used to pay money to the few unfortunate members who have been subject to the loss. 

Insurance is thus, a financial tool specially created to reduce the financial impact of unforeseen events and to create financial security. Indeed, everyone who wants to protect himself against financial hardship should consider insurance. The following example explains the concept of insurance

In a village, there are 400 houses, each valued at Rs. 20,000/-. Every year, on an average, 4 houses get burnt, resulting into a total loss of Rs. 80,000/-

Number of houses

400

Value of each house

Rs. 20,000

Houses that get burnt every year (average)

4

Total loss (4 houses x Rs. 20,000)

Rs. 80,000

Contribution to be made by 400 house owners to compensalte for loss of Rs. 80,000 = Rs. 80,000 / 400

Rs. 200

If all the 400 owners come together and contribute Rs. 200 each, the common fund would be Rs. 80,000. This is enough to pay Rs. 20,000 to each of the 4 owners whose houses got burnt. Thus, the risk of 4 owners is spread over 400 house-owners of the village.

In layman's terms, the principle underlying insurance is sharing of the burden of the few by many. The community of policy holders (insureds) makes a contribution by way of premium to a common trust fund managed by the insurers. This is distributed to the few among the insureds who may suffer losses by way of insured perils.

Insurance is one of the tools of Risk Management. In ordinary parlance risk means exposure to danger; but for insurance purpose it means uncertainty about the financial loss. We are not sure whether there will be a loss or how much will be lost. It is this element associated with the risk that underlies the need for insurance.

The potential loss that a risk represents may be:

  • Financial measurable in monetary terms. For example loss of camera by theft.
  • Physical Death or injury which results in financial loss to the individual or his family.
  • Sentimental loss.
  • Only the first two types of risks are insurable risks. Sentimental loss is not covered under insurance policies.
  • Insurance covers only pure risks & not speculative risks.
  • Pure risk:There is no possibility of a gain in pure risks. They only produce losses. For example a factory is burnt by fire.
  • Speculative risk: They may produce a loss or a gain. Gambling, betting & playing the stock market are examples of speculative risks.

Characteristics of an Insurance risk

  • The risk must be fortuitous in nature, which may or may not occur. Depreciation, wear & tear are not covered.
  • It must be a pure risk.
  • The loss caused by the risk must be capable of financial assessment.
  • The risk must not be illegal in nature. Stolen property & smuggled goods cannot be covered.
  • It must not be against public policy. For example the motor policy does not cover insured liability to pay fines imposed for traffic offences.
  • Uninsurable Risks - For example nuclear risks, war & kindred perils are not covered under insurance policies.

Unique feature of an insurance contract
The insurer indemnifies to the extent of the financial loss suffered by the insured for restoring the damaged goods to the pre-loss condition. If an old machinery is damaged due to an insured peril the insured is indemnified the cost of a new machinery less depreciation taking into account the date of purchase of the old machinery.

Functions & benefits of Insurance

  • It provides financial security to the individual
  • It provides financial stability to commerce & industry. Large capital investments on buildings, plant & machinery can be secured against losses by insurance; thus releasing the capital for expansion activities of the business.
  • International trade: banks insist on marine insurance policy as collateral security before issuing letter of credit & discounting bills of exchange.
  • It provides funds for investments.

Origin of Insurance

The first written insurance policy appeared in ancient times on a Babylonian obelisk monument with the code of King Hammurabi carved into it. The "Hammurabi Code" was one of the first forms of written laws. These ancient laws were extreme in most respects, but it offered basic insurance in that a debtor didn't have to pay back his loans if some personal catastrophe made it impossible (disability, death, flooding, etc.).

Marine insurance is the oldest form of insurance and the marine insurance policies were issued first in the fourteenth century. Marine insurance in its present form has its origin at the Lloyds coffee shop in London. Even today London is the Mecca for insurance and Lloyds brokers are well known .It is a known fact that Great Britain was a sea faring nation. The ship owners and the merchants used to gather at the coffee shop and wait to get news about their ships. Those days shipping accidents were common. The merchants hit upon the idea of pooling their resources and paying for losses from the common pool. Thus the concept of marine insurance came into existence.

The Tooley fire in London in1666 destroyed several buildings. This was an eye opener to people to find ways and means of financially securing themselves against loss of their properties. As a result fire policy made its humble beginning.

The industrial revolution of the 19th century is largely responsible for the growth & development of accident insurance.

Classification of Insurance Contracts

  • Insurance of the person - human beings being the subject matter of insurance (life, health and personal accident insurances, etc.).
  • Insurance of property i.e. covering tangible objects against loss or damage (fire, motor damage& marine cargo.
  • Insurance of liability i.e. covering legal liability for death, injury or property damage to others (Motor accidents liability, employees compensation, public liability, products liability etc.);
  • Insurance of pecuniary interests: Example fidelity guarantee

However General insurance is popularly classified as Fire, Marine & Miscellaneous insurance. Policies covering subject matter insured against damage by fire & allied perils is classified as fire insurance. Policies covering goods in transit by rail, road & inland water ways is classified as marine insurance. Policies that cover damage to motor vehicles & liability arising as a result of motor accidents are classified as motor insurance. Any other insurance is classified as Miscellaneous Accident insurance.
Miscellaneous insurance is further classified as traditional & non- traditional insurance. Burglary insurance is an example of traditional insurance while rural insurance policies are examples of non-traditional business.

In the last 2 decades the insurers have introduced package policies. A "Package policy" combines coverage from two or more lines of insurance (such as property & liability) into one policy. Examples of package policy are shopkeeper & house holder policy which typically covers property, personal accident, public liability, Workmen compensation etc.

Important terminology in insurance

  • Insured policy holder.
  • Insurer the insurance company.
  • Policy the document which contains the terms & conditions of the contract and is issued by the insurance company.
  • Premium the amount paid as consideration by the insured to the insurer.
  • Sum insured the maximum liability of the insurer to the insured in the event of a loss.
  • Peril it is an event that causes the loss like fire, explosion, dishonesty, collision etc.
  • Exposure a measure of the physical extent of the risk.
  • Hazard a condition that may increase or decrease the chances of a loss from a given peril.
  • Chances of a loss probability in a given number of exposures.

Every day, we hear stories about accidents and other misfortunes that someone has suffered. Some of these include:

  • People fall seriously ill
  • Motor vehicles are stolen
  • People die or get injured in accidents
  • Houses and belongings are destroyed by fire
  • Large scale loss of lives and destruction of property in cyclones and tsunamis.

Protecting oneself, one's families and society from these uncertain events has been one of the biggest concerns of man for centuries

  • "Risk" is a term that we use to refer to the chance of suffering a loss as a result of uncertain events
  • The events that give rise to such risks are known as "Perils"
  • "Hazard" makes a peril more likely to occur

For instance, fire is a peril because it causes losses, while a fireplace is a hazard because it increases the probability of loss from fire. Some things can be both a peril and a hazard. Smoking, for instance, causes cancer and other health ailments, while also increasing the probability of such ailments.

Insurance Sector in India

The Insurance sector also plays a vital role in the economic development by providing various useful services like mobilising savings, intermediating in finance, promoting investment, stabilising financial markets and managing both the social and financial risk. Realizing the potential of insurance sector in mobilizing the savings for the productive use and social safety, Government has taken various steps to improve its quality, reach and popularity. Insurance market in India was opened up for private sector in 2000 with the enactment of Insurance Regulatory and Development Authority of India (IRDAI) Act. From just five state-owned companies, IRDAI now regulates 24 life insurance and 33 non-life insurance companies.

Post liberalisation, the insurance industry in India has recorded significant growth. The Indian insurance industry is expected to grow to US$ 280 billion by FY2020, owing to the solid economic growth and higher personal disposable incomes in the country. Overall insurance penetration in India reached 3.69 per cent in 2017 from 2.71 per cent in 2001. Gross premium in Indian insurance industry increased from Rs 3.2 trillion (US$ 49 billion) in FY12 to Rs 4.6 trillion (US$72 billion) in FY18 (up to December 2017).

The industry has seen a gradual growth over the last 15 years in terms of product innovation, vibrant distribution channels, penetration and density. Considering its ever growing population and demographic dividend, it has a huge unexplored potential yet to be explored.

The Indian insurance market is a huge business opportunity waiting to be harnessed. India currently accounts for less than 1.5% of the world's total insurance premiums and about 2% of the world's life insurance premiums despite being the second most populous nation. The country is the fifteenth largest insurance market in the world in terms of premium volume, and has the potential to grow exponentially in the coming years.

The future looks promising for the insurance industry with several changes in regulatory framework which will lead to further change in the way the industry conducts its business and engages with its customers. Demographic factors such as growing middle class, young insurable population and growing awareness of the need for protection and retirement planning will support the growth of Indian insurance industry.

Road AheadIndia's insurable population is anticipated to touch 750 million in 2020, with life expectancy reaching 74 years. The future looks promising for the insurance industry with several changes in regulatory framework which will lead to further change in the way the industry conducts its business and engages with its customers.

Insurance Regulatory and Development Authority of India (IRDAI) regulates the Indian insurance industry to protect the interests of the policyholders and work for the orderly growth of the industry.

IRDAI's Mission: To protect the interests of policyholders, to regulate, promote and ensure orderly growth of the insurance industry and for matters connected therewith or incidental thereto.

IRDAI's ActivitiesFrames regulations for insurance industry in terms of Section 114A of the Insurance Act 1938 From the year 2000 has registered new insurance companies in accordance with regulations Monitors insurance sector activities for healthy development of the industry and protection of policyholders' interests

Functions of IRDAIIRDAI has been set up mainly

  • To protect the interests of holders of insurance policies
  • To regulate, promote and ensure orderly growth of the insurance business and reinsurance business

Market Players in India

The insurance industry of India consists of 57 insurance companies of which 24 are in life insurance business and 33 are non-life insurers. Among the life insurers, Life Insurance Corporation (LIC) is the sole public sector company. Apart from that, among the non-life insurers there are six public sector insurers. In addition to these, there is sole national re-insurer, namely, General Insurance Corporation of India (GIC Re). Other stakeholders in Indian Insurance market include agents (individual and corporate), brokers, surveyors and third party administrators servicing health insurance claims.

Out of 33 non-life insurance companies, five private sector insurers are registered to underwrite policies exclusively in health, personal accident and travel insurance segments. They are Star Health and Allied Insurance Company Ltd, Apollo Munich Health Insurance Company Ltd, Max Bupa Health Insurance Company Ltd, Religare Health Insurance Company Ltd and Cigna TTK Health Insurance Company Ltd. There are two more specialised insurers belonging to public sector, namely, Export Credit Guarantee Corporation of India for Credit Insurance and Agriculture Insurance Company Ltd for crop insurance.

  1. Life Insurance Corporation of India
  2. HDFC Life Insurance Co. Ltd.
  3. Max Life Insurance Co. Ltd.
  4. ICICI Prudential Life Insurance Co. Ltd,
  5. Kotak Mahindra Life Insurance Co. Ltd.
  6. Aditya Birla SunLife Insurance Co. Ltd.
  7. TATA AIA Life Insurance Co. Ltd.
  8. SBI Life Insurance Co. Ltd.
  9. Exide Life Insurance Co. Ltd.
  10. Bajaj Allianz Life Insurance Co. Ltd.
  11. PNB MetLife India Insurance Co. Ltd
  12. Reliance Nippon Life Insurance Company
  13. Aviva Life Insurance Company India Ltd.
  14. Sahara India Life Insurance Co. Ltd.
  15. Shriram Life Insurance Co. Ltd.
  16. Bharti AXA Life Insurance Company Ltd
  17. Future Generali India Life InsuranceCompany Limited
  18. IDBI Federal Life Insurance Company Limited
  19. Canara HSBC Oriental Bank of Commerce Life Insurance Company Limited
  20. Aegon Life Insurance Company Limited
  21. DHFL Pramerica Life Insurance Co. Ltd.
  22. Star Union Dai-Ichi Life Insurance Co. Ltd.
  23. IndiaFirst Life Insurance Company Ltd.
  24. Edelweiss Tokio Life Insurance Company Limited

General Insurance

  1. Bajaj Allianz General Insurance Co. Limited
  2. ICICI Lombard General Insurance Co. Limited
  3. IFFCO Tokio General Insurance Co. Limited
  4. National Insurance Co. Limited
  5. The New India Assurance Co. Limited
  6. The Oriental Insurance Co. Limited
  7. United India Insurance Co. Limited
  8. Reliance General Insurance Co. Limited
  9. Royal Sundaram General Insurance Co. Limited
  10. Tata AIG General Insurance Co. Limited
  11. Cholamandalam MS General Insurance Co. Limited
  12. HDFC ERGO General Insurance Co. Limited
  13. Export Credit Guarantee Corporation of India Limited
  14. Agriculture Insurance Co. of India Limited
  15. Star Health and Allied Insurance Company Limited
  16. Apollo Munich Health Insurance Company Limited
  17. Future Generali India Insurance Company Limited
  18. Universal Sompo General Insurance Co. Limited
  19. Shriram General Insurance Company Limited
  20. Bharti AXA General Insurance Company Limited
  21. Raheja QBE General Insurance Company Limited,
  22. SBI General Insurance Company Limited
  23. Max Bupa Health Insurance Company Limited
  24. Religare Health Insurance Company Limited
  25. Magma HDI General Insurance Company Limited
  26. Liberty General Insurance Limited
  27. Cigna TTK Health Insurance Company Limited
  28. Kotak Mahindra General Insurance Company Limited
  29. Aditya Birla Health Insurance Co. Limited
  30. DHFL General Insurance Limited
  31. Acko General Insurance Limited
  32. Go Digit General Insurance Limited
  33. Edelweiss General Insurance Company Limited

Reinsurers :

  1. General Insurance Corporation of India
  2. ITI Reinsurance Limited

Technology Trends in India

Initially, the Insurance companies used physical documents, files which severely limited their speed, capacity and ability to grow. However, developments in information technology have helped insurance companies overcome these limitations. Now, they use Information technology to store, process, manage policy data and handle policy holders' service requests.

Why IT is important in managing Insurance business?

To dramatically reduce the amount of paperwork dealing with policies to effectively meet the needs of customers in much less time than traditionally expected To empower the business drivers/ enablers (like sales person, agents, brokers) with updated product information, real-time customer information to enable serve better To empower end customer by providing access to his insurance portfolio on portal, mobile devices and host of self service features
Help Underwriters, Risk Managers to provide quick quotes, approvals for policy issuance, endorsements, improve/ come up with new products

Product Promotion

  • Traditional way
  • Person connects and interacts with Insurance agents to understand the product, coverages as per their needs
  • Information Technology
  • Helps Insurance companies in educating, promoting and advertising its products to large number of customers much faster than before
  • User can not only use the web channel to know more about the product and its prices, they can also compare product coverages, premium amount with other insurance companies
  • Insurance companies use Internet, website, Social media platforms, mobile applications to provide information about their various product offerings

Buying

  • Traditional way
  • Person willing to buy insurance provides the required information, documents, premium cheque to Insurance agents, who in turn fills a proposal form and submits to insurance company
  • Policy is issued by Insurance company once the cheque is cleared
  • Information Technology
  • E-commerce, Online Buying through web, mobile channel has helped Insurance companies in issuing the insurance products online
  • Users can make online payment
  • Insurance companies are using this platform of upsell, cross of products

Customer Support

Information technology has provided a new channel for after sales service to the customers. During the policy tenure, the customer might have to make changes in the policy document or register a claim. To enable hassle-free services, customers can call up at the Contact Center powered by CRM system that is integrated with core policy administration system.

Source: https://www.ibef.org/industry/insurance-sector-india.aspx

Does life insurance insure your life? Not exactly. But you're insuring a very important part of your life - your income and the financial stability it provides your family.
Think about the present. If both of your parents work and one of them dies, who would support you? Would you be able to live in the same house? Who will pay the bills? 
Now think about the future. If at some point in the future you and your spouse took out a car loan or a home loan together, what would happen if you died? How would the loan be repayed?
In any situation where you're responsible for someone or something, life insurance helps make sure there is enough money to pay your bills and meet your family's needs after you are gone.
Various types of life insurance policies can be described as under:

  • Term policyProvides protection against risk of premature death. Benefit becomes payable only in the unfortunate event of death of the insured person.
  • Endowment policyProvides protection against death risk and provides bonus on maturity of the policy. Benefits are payable either in the event of death of the insured person or upon maturity of the policy.
  • Unit linked policiesProvides dual benefits of life insurance as well as savings. Certain portion of premium is invested and the customer enjoys the returns based on market performance.
  • Pension planProvides benefit post retirement. People contribute small sum during the policy period as per their income levels and life style. After attaining the retirement age, Life Insurance company agrees to give a monthly pension to the insured to take care of expenses after retirement.
  • "General Insurance" also known as non-life insurance, offers a gamut of insurance covers against eventualities such as illness, property damage, motor accidents, etc. Assets have a value of their own and are susceptible to damages. The specific General Insurance cover can protect the economic value of the asset and prevent huge financial loses.
  • For example, a home insurance policy can protect your home and the valuables inside from calamities and theft. That means, if something goes wrong, you're much less likely to have to spend your savings or your investments, borrow money, ask family or friends for financial help, or sell your assets to pay for repairs, treatment or outstanding loans. Suitable General Insurance covers are necessary for every family. It is important to protect one's property, which one might have acquired from one's hard earned income. A loss or damage to one's property can leave one shattered. Losses created by catastrophes such as the tsunami, earthquakes, cyclones, etc. have left many homeless and penniless. Such losses can be devastating but insurance could help mitigate them. A Health Insurance policy can provide financial relief to a person undergoing medical treatment whether due to a disease or an injury.
  • Most General Insurance covers are annual contracts. However, there are few products that are long-term.

Types of general insurance products

  • Motor Insurance
  • Health Insurance
  • Personal Accident Insurance
  • Home Insurance
  • Travel Insurance
  • Crop Insurance
  • Property Insurance
  • Fire Insurance
  • Burglary Insurance
  • Marine Insurance

Motor Insurance

Travelling by vehicle is inevitable and a routine for most of us now. While they are essential for commuting, they also expose us to multiple risks - bodily as well as financial. Hence, security becomes a necessity in case of vehicle damage, loss of vehicle, third-party liability, etc. A Motor Insurance safeguards your finances and gives you the desired coverage in the event of such incidents

In extreme situations, vehicle owners may find themselves saddled with high financial liability if proper care is not taken. What is the way out for vehicle owners against such potential risks related to vehicles? Motor Insurance deals with the insurance covers for the loss or damage caused to the vehicle or its parts due to natural and man-made calamities. It provides accident cover for individual owners of the vehicles while driving and also for passengers and third-party legal liability.

Driving a motor vehicle without insurance in a public place is a punishable offence in terms of the Motor Vehicles Act, 1988.

It is better to be safe, than sorry. Accidents happen unexpectedly, and it can heavily weigh on your finances. To attain peace of mind when it comes to getting the right coverage, take a Third Party or Comprehensive insurance that meets your requirements.

Motor Insurance protects you financially from:

  • Damage to your own car
  • Damage to someone else's car or property
  • Injuries/ Death of Insured resulting from an accident
  • Injury or Death of Third Party (Pedestrians/ Cyclists etc.)

Risks associated with Motor Vehicle & the relevance to Insurance

  • Motor Insurance has evolved due to the necessity of meeting the liabilities towards pedestrians or formally speaking third parties, arising out of an accident, enforceable by law or statute
  • The vehicle which causes or meets with an accident, also suffers damage besides injury to the driver or other occupants. There is a necessity to take care of these contingencies as well
  • Two distinct types of policies have emerged or got developed to take care of contingencies/ risks described above
  • Liability only Policy: This is also known as Act only policy & only covers third party liabilities. This is a statutory obligation of the owner of the vehicle. This is subject to the limit as specified & includes claimants cost & expenses
  • Package Policy: It is a comprehensive policy that takes care of the damage to the vehicle also known as own damage besides other extensions along with personal accident cover, third party or statutory liability
  • Long term policy: Generally motor insurance is an annual policy with yearly renewal, however there is now a new product available for two wheelers with a tenure of 2 or 3 years. Insured can buy a policy for longer tenure and be worry-free from remembering annual renewal date customer also enjoys benefit of additional discount and protection from yearly increment of premium. Option of long term standalone third party or package policy cover has also been made available

Let's examine these both with some more details

  • Liability only policy covers
    • Death or bodily injury to person of any third party which would be constrained by liability as incurred
    • Damage to property other than belonging to the Insured with a cap of Rs 1 lakh for two wheelers & Rs 7.5 lakhs for all other vehicles
    • All legal costs & expenses
    • Passengers in a passenger carrying vehicle
    • Personal Accident cover to owner/ driver to all individually owned vehicles. The coverage would include death, loss of two limbs/ sight of two eyes/ one limb & one eye and permanent total disability. The total compensation would not exceed Rs 1,00,000 in case of two wheeler & Rs 2,00,000 in case of all other vehicles. This is subject to:
      • The owner driver being registered owner & holding a valid license at the material point of time
      • The owner driver is the named insured in the policy
      • Any other person driving must have consent of the Insured

Every insurer who has the license to write motor business in India is obligated by IRDAI to write specific amount of motor liability premium. The premium is derived basis previous year industry’s total motor liability premium and market share which is average of previous year motor share & its overall business share. The obligation is set by IRDAI to increase motor liability premium of the industry and to compel insurers to penetrate more in motor liability business.

  • Package Policy: It is a comprehensive cover applicable to all categories in almost same structure.
  • Own Damage: The Insurer would pay or in technical terms, indemnify Insured against damage/s to the Insured Motor car and/ or its accessories, during the policy period due to the following perils or contingencies or events:
  • Fire, explosion, self ignition, or lightning
  • Burglary, housebreaking, theft
  • Riot & strike
  • Earthquake, fire & shock
  • Flood, typhoon, hurricane, storm, tempest, inundation, cyclone, hailstorm, frost
  • Accidental external means
  • Terrorist activity
  • Landslide & rockslide
  • In transit by road, rail, inland waterway, lift, elevator or air
  • The principle that is followed in payment, in case of any of the above contingencies operating, is derived from the principle of Indemnity. The Insured would be placed in the same position as he was before the peril happening or accident taking place
  • In case of damage to a part when a new part is replaced, applicable depreciation as per age of the vehicle/ part is put to arrive at the actual amount payable

The % of depreciation is defined with respect to each category:

  • All rubber/ nylon/ plastic parts, tyres & tubes, batteries: 50%,
  • All fibre glass component: 30%
  • All glass items: Nil
  • All other parts including wooden parts:

Age

Rate of depreciation

6 m - 1 yr

5%

1 yr to 2 yrs

10%

2 to 3 yrs

15%

3 to 4yr

25%

4 to 5 yrs

35%

5 to 10 yrs

40%

beyond 10 yrs

50%

  • Paint material: 12.5%
  • Losses or damages to accessories are covered only if they are provided by the manufacturer as a standard feature or fitted separately & cover under elec./ non elec. accessories
  • Damage to tyres is not allowed unless the motor car is damaged at the same time & this is subject to the limit of 50%
  • Exclusions which means that the Insurer would not be liable for any payment in respect of
  • Consequential loss: Indirect loss which is in addition to the incurred loss like alternative transport expenses
  • Depreciation: loss of value of vehicle or part/s due to age
  • Wear & tear: This is a natural wearing off due to age
  • Mechanical & electrical breakdown: Operational failure of mechanical or electric parts due to metal fatigue
  • Mechanical & electrical breakdown: Operational failure of mechanical or electric parts due to metal fatigue
  • Failure & breakage: Damage to internal parts for example may be due to failure of the oil pump or breakdown of a propeller shaft
  • Known or deliberate accidents like arson or fire to an old car to defraud Insurer
  • Intoxicated driver who is under influence of liquor/ drugs/ medicines
  • Loss when vehicle is driven by a person without valid license: It is illegal to drive a vehicle without a valid license and any loss suffered while driving without valid license shall not be covered
  • Loss when vehicle is being used beyond the permitted usage as per registration: Each vehicle is registered under separate categories and can be used as per the permitted usage. E.g.: if a vehicle is registered as a private car then it cannot be used to as a taxi. If any such violation is done then any loss or damage suffered shall not be covered
  • Compulsory excess: Each motor policy has a compulsory excess. This means any loss or damage up to the amount of compulsory excess shall not be covered under the policy. If loss amount is higher than compulsory excess then the loss shall be paid by insurer after deducting compulsory excess. This provision is to ensure that insured takes reasonable care of the vehicle and also do not claims for minor damages
  • Any accident outside the geographical area specified. As per standard policy the specified geographical area is India. Any accident happening if the vehicle is outside India is not covered
  • Some of these exclusions may be covered by purchasing add-on covers. Add-on covers allows zero depreciation against payment of additional premium
  • Insurer will bear all reasonable cost as protection & removal expenses to take the damaged car to repair workshop. Limited to Rs 1500 for private cars, Rs 2500 for commercial vehicle, Rs 300 for two wheelers
  • Every time insured claims, a small fixed amount gets deducted from his claim paid amount, this fixed amount is called as compulsory deductible. The amount is deducted to avoid cost of attending to very low value claims

General Exceptions:

  • Any accident, loss or damage sustained or incurred outside the geographical area as described in the policy is not payable
  • Any claim out of any contractual liability is beyond the scope of the policy
  • Any claim arising out use beyond limitations as specified or being driven by an unauthorized person
  • Nuclear risks
  • War risks

The company would not be responsible for any excess or deductible as mentioned. However there are some exclusions can be covered at an additional cost known as add on covers. Let us look at some of them:

  • Depreciation reimbursements: It covers the depreciation amount on parts and paint as described above by payment of additional premium
  • Return to invoice: In the event of the insured vehicle being a Total Loss/ Constructive Total Loss, the Insurer will pay the difference between the claim admissible & the sale invoice price or new replacement value of same make. First registration fee & road tax would also be paid subject to limitation of the age of the vehicle up to 3 years
  • No claims bonus protection: No claim bonus would be allowed to be retained by the insured in case where it is proved by the insured of not having any fault in the accident resulting in damages or loss to insured vehicle with contingencies as specified in wording
  • Loss of use and down time protection: If the insured is not able to use his vehicle in case the damage to his insured vehicle then a fixed value (as per the cover selected) will be paid to him as a daily compensation (5 days in case of repair and 15 days in case of Total Loss/ Constructive Total Loss maximum)
  • Engine and gearbox protection: Consequential damage due to water entering into engine or leakage of lubricating oil due to damage to engine/ gearbox due to accidental means
  • Cost of Consumables Item: Some of the parts like nut bolt screw washer clips, coolant are not age in any accident but while the vehicle parts are removed/ refitted in the workshop these are required to be replaced at times. The collective amount of these small parts is at quite sizable. The cost of such items gets covered in this add on cover
  • Emergency Assistance: Add-on provides road side emergency assistance services like Onsite repairs, Battery jump start, Duplicate key, Tyre change, Lock/ Lost key, Fuel delivery, Towing of the vehicle up to 50 kms is not charged to the insured beyond with insured has to bear the cost for extract kms. The services are available at additional cost of Rs 350 for private car & Rs 80 + Tax for a two wheeler

Some relevant concepts in Motor Insurance

  • No Claim Bonus: No claim bonus is an incentive given to an insured for maintaining a claim-free/ less claim record. One important aspect is that the histories of no claim need to be continuous. The % would vary from 20% to 50%. No claim made in previous year, previous consecutive 2yrs, 3yrs, 4yrs, 5yrs would attract 20%, 25%, 35%, 45% & 50% respectively.

No claim bonus can be transferred as per following rules:

  • In the event of transfer of business, new Insurer can give the NCB as per renewal notice, or letter confirming the %
  • In case the vehicle is sold & not replaced immediately, NCB may be granted in subsequent insurance provided the same is done within 3 years of the expiry of previous insurance
  • In case the vehicle is sold & the policy needs to be transferred, the NCB would be paid by new owner
  • Insured Declared Value (IDV): IDV of the vehicle is deemed to be the sum insured for the purpose of the policy. The same is agreed before inception of the policy. In case of a vehicle which is less than 5 years old, depreciation % is applied on the ex showroom price to arrive at the sum insured which is depicted in the below table:

Age

Rate of depreciation

6 m - 1 yr

5%

1 yr to 2 yrs

15%

2 to 3 yrs

20%

3 to 4yr

30%

4 to 5 yrs

40%

Upto 5 yrs

50%

Vehicles which are over 5 years, obsolete models are insured at prevailing market rate subject to agreement between Insurer & Insured.

  • Arriving at the rate of premium: 
    The Own Damage premium rate would be done based on:
  • Insured Declared Value
  • Area of operation or location of vehicle registration
  • Age of the vehicle
  • Make & Model
  • Fuel type
  • Gross Vehicle Weight (GVW), Licensed carrying capacity (LCC)
  • No Claim Bonus
  • Business type

The Third Party and personal accident cover premium is fixed by IRDA.



Health Insuarance

You're young, you spend more time in the gym than an Olympic athlete, you rarely get anything worse than a cold. Why bother spending money on Health Insurance? Aren't the odds pretty good that you'll never get seriously sick?

We hope so. But every day, thousands of perfectly healthy people break bones, need stitches, get into car accidents, find out they have illnesses, or are told they need surgery.

You may never be one of them. But what if you are? Medical bills from even a minor car accident can mess up your finances. A major illness can wipe out your family's savings. Insurance may be expensive, but not having it might cost way more.

Health Insurance is a way to pay for health care and associated costs. It protects you from paying the full costs of medical services when you’re injured or sick. Just like car insurance or home insurance, you choose a plan and agree to pay a certain rate, or premium. In return, your health insurer agrees to pay a portion of your covered medical costs. The idea behind health insurance is simple: Medical care can be expensive. Most people can't pay for it all out of their own pockets. But if a group of people gets together, and each person pays a fixed amount (whether they need medical care at that time or not), the risk is spread out over the whole group. Each person is protected from high health care costs because the burden is shared by many.

Health Insurance is the fastest growing portfolio in General Insurance industry. It is sourced as retail as well as Group Insurance. It is but natural that with steep growth in number of customers, policies and claims the number of complaints and litigations are also on the rise. A serious insurer in the health space, thus, needs to master customer support and grievance handling mechanism with dynamically changing customer expectations. It is understood by the insurers that one who would be able to meet the implicit, explicit and latent expectations of the customers will be able to make one's presence felt in the marketplace.

Health insurance essentially deals with sickness and accident. Prior to opening up of the sector, the products available in the market were restricted to hospitalization benefits, limited pre and post hospitalization expenses and very restricted domiciliary hospitalization benefits. With opening up of the sector and entry of players keenly interested in health coverage, the products have widened the coverage.

In India, initial Health Insurance was first introduced by the 4 Public Sector Insurance Companies in the year 1986. The product was designed to provide reimbursement of medical expenses incurred in India by the insured, which included:

  • Treatment of any disease or illness or accidental bodily injuries
  • Treatment at any hospital/nursing home
  • Treatment as an inpatient
  • Treatment upto sum insured or limit of indemnity opted for a period of policy
  • Domiciliary hospitalization was also covered for a specified amount.

Expenses towards outpatient treatment were excluded under the policy and sub limits were applicable under various heads of medical expenses. This covers medical treatment cost incurred during treatment at home in a situation where though the illness requires attention at a hospital but

  • the condition of the patient is such that he cannot be moved to a hospital, or
  • there is lack of accommodation in hospitals
  • Pre and post hospitalization expenses cover the cost of medical expenses towards illness and/ or accident incurred prior to hospitalization and post discharge from the hospital. Medical expenses, incurred for pre and post hospitalization expenses for 30 and 60 days respectively, include:
  • Consultation fees
  • Medicine cost
  • Medical investigation cost

With the privatization of insurance industry in the year 2000, more changes were seen, primarily in introduction of a third party administrator & cashless claims services. The main objectives were:

  • Ease of customer: Cashless service released the financial burden of borrowing money to meet the treatment expenses
  • bring innovation in product and services

IRDA regulated Third Party Administrators (TPA) for insurance company to outsource the claims servicing at remuneration to be decided between the TPA and insurer.

Coverages under a Health Insurance policy:A Health Insurance Policy covers costs associated with hospitalization, whether due to accidents or sickness. Usually, a 24-hour hospitalization treatment is required for the coverage to set in. However, due to medical advancements, there are newer treatment modes available that do not require patients to be hospitalized for 24 hours. Common example is Cataract surgery wherein the patient goes home post-surgery. These are referred as “Day Care” procedures which are also covered in the policy.

Types of Health Insurance

  • Individual Health Insurance generally covers an individual or a family for a specific sum insured against each individual. Here each family member is separately covered up to the sum insured mentioned and do not share the sum insured with other family members. For e.g., John has a family of four members having his spouse and two kids. John can buy a individual health policy for a sum insured of Rs 4,00,000 for each member which means the policy shall provide protection against unforeseen medical expenses up to Rs 4,00,000 for each member during the policy period. In this policy the maximum liability of insurance company shall be Rs 16,00,000 if all the members claim during the same policy period.
  • Family Floater Policy is a policy that provides protection to a family for a fixed sum insured. However in this policy the entire family is covered under single sum insured or in other words all family members are jointly covered under a single sum insured. The term "floater" means the sum insured floats over all the members. For e.g., if John opts for a family floater cover then the sum insured of Rs 4,00,000 shall be available to all family members, so each family member can claim up to Rs 4,00,000. However jointly all family members can't claim more than Rs 400,000 during the same policy period.
  • Group Health Policy is a policy generally taken by a group administrator for a specific group of people. Generally these policies are taken by employers for all employees as part of employment benefits.

Terminology associated with Health insurance

  • Sum Insured (SI): The Sum Insured offered may be on an individual basis or on floater basis for the family as a whole
  • Cumulative Bonus (CB): Cumulative bonus is an increase in the sum insured by a specified percentage for every claim free year, subject to a maximum limit without any additional premium
  • Cashless Facility: Cashless hospitalization is a facility provided by the Insurance Company wherein the Insured can get admitted and undergo the required treatment without paying directly for the medical expenditure. The eligible medical expenses incurred are settled by the Insurance Company directly with the hospital
  • Inpatient: Insured who undergoes treatment after getting admitted in the hospital

New products in last one decade:A number of new features were also introduced in the Indian health insurance market by the insurance companies. Some of the features were Hospital Cash, Critical Illness, Sr. Citizen specific products, Top up & Super Top up policies and specialized policies for diabetes or HIV.

Criticle Illness Policy:

Major illnesses which entail high cost of hospitalization, disability, dismemberment and loss of earning are called critical illnesses. Usually, it is a policy which pays a lump sum amount upon diagnosis of certain named critical illnesses. However, some policies are in the form of reimbursement and hence are indemnity covers.

This policy is sold stand alone or as an add-on to indemnity policies and a very popular policy from the perspective of life insurers. Some critical illnesses are cancers of specified severity, heart attack, bypass surgery, renal failure, and stroke. Survival clause up to 30 days from the date of diagnosis is an important condition of the policy. This policy involves strict medical underwriting and detailed tests for policies taken post 45 years of age and the policy aims to compensate only once for any one or more diseases.

Hospital daily cash policy:

Hospital cash policy provides a fixed sum to the insured person for each day of hospitalization and is unrelated to the medical expenses incurred in the hospital. The market accepted these policies to supplement a regular hospital expenses policy to compensate for incidental expenses and expenses not admissible under hospitalization cover.

Some insurers sell Hospital Cash policy as a standalone cover while others sell it in combination to indemnity policies. Easy marketability of the product and easier serviceability of the product has made it a popular product.

Top up and super top up covers:

A high deductible cover is a top-up cover. These policies are complementary to a basic policy and come into effect only when the medical cost crosses the basic medical cover due to a single illness. The cover is available on individual and family basis. An interesting use of it in the market has been the employees who opt for it over and above the limit specified in their coverage taken by the employee.

A super top up cover is one in which coverage is offered not only over and above the deductible chosen in the case of a single event exceeding the deductible but a series of hospitalization during the policy period exceeding the chosen deductible.

Group Health Insurance

In India, Group Health Insurance is offered in the form of basic hospitalization cover and/ or critical illness insurance cover.

IRDAI has laid down definition of a group for granting group accident and health covers. This definition states that a group consists of persons with a commonality of purpose. Further, group organizer should have the mandate from a majority of the members of the group to arrange insurance on their behalf. It is not permitted to form a group with the purpose of availing insurance.

Thus, group owner could be an employer, or non-employer-employee group viz. an association, a bank's credit card division etc, where a single policy covers the entire group of individuals. In India, regulatory provisions strictly prohibit formation of groups primarily for the purpose of taking a group insurance cover. When group policies are given to other than employers, it is important to determine the relation of the group owner to its members. In group policies, there are provisions for discounts on premium based on size of the group and also the claims experience of the group.

Group insurance reduces the risk of adverse selection, as the entire group is covered in a policy and enables the group holder to bargain for better terms. However, this segment has seen high loss ratios and hence premiums too have hardened substantially leading to review of covers by employers.

The most common form of group health insurance is the policy taken by employers covering employees, and even their families including dependent spouse, children and parents/ parents-in-law. Group policies are often tailor-made covers to suit the requirements of the group. Thus in group policies, one will find several exclusions of the individual policy covered.

One of the most common extensions in a group policy is the maternity cover. This is now being offered by some insurers under individual policies as explained above, but with a waiting period of two to three years. In a group policy, it normally has a waiting period of nine months only and in some cases, even this is waived. Maternity cover would provide for the expenses incurred in hospitalization for delivery of child and includes caesarian section delivery. Sum insured for maternity is opted as per the requirement within the overall Sum insured of the family.

Children are covered from age three months only in health policies. In group policies, coverage is given to babies from day one, sometimes restricted to the maternity cover limit, but sometimes extended to include the full Sum insured of the family.

Several exclusions such as the pre-existing disease exclusion, thirty days waiting period, two years waiting period, congenital diseases are all waived in a group policy. The premium charged for a group policy is based on the age profile of the group members, the size of the group and most importantly the claims experience of the group. Also appropriate loading is done for waiver of waiting period, coverage for maternity and pre-existing ailments. Tailor-made group policies offer covers such as dental care, vision care, cost of health check up, and critical illness cover too at additional premiums. Group policies are flexible for mid-term addition and deletion as and when new employee joins or existing employees resigns.

Corporate Floater or Buffer Cover:

In most group policies, each family is covered for a defined sum insured, varying from Rs 1,00,000 to Rs 5,00,000 or more. There arise situations where the sum insured of the family is exhausted, especially in the case of major illness of a family member. In such situations, the buffer cover brings relief, whereby the excess expenses over and above the family sum insured are met from this buffer amount. Amounts are drawn from the buffer, once a family’s sum insured is exhausted. However this utilization is usually restricted to major illness/ critical illness expenses where a single hospitalization exhausts the sum insured. The amount that could be utilized by each employee from this buffer is also capped, often up to the original sum insured. Such buffer covers should be given for medium sized policies and a prudent underwriter would not provide this cover for low sum insured policies.

As per the Regulation, every insurer should have a grievance redressal system in place to address the complaints of the policy holders. The IRDA has a Grievance Redressal Cell, which facilitates taking up complaints against insurer with respective companies for speedy resolution. The IRDAI also stipulated certain Turn Around Times for various services that an Insurance company renders to policy holder.

The costs associated with the medical treatment which includes the following are covered: Expenses incurred for room and operation theatre Fees for the services of doctors e.g. surgeon, anaesthetist, physician, consultants, specialists and nurses Costs for medicines, blood, oxygen, surgical appliances, diagnostic materials, X-ray etc Pre and Post Hospitalization charges - Expenses incurred on diagnostics, medicines, doctor consultations etc. before and after the hospitalization, up to a maximum number of days and sum insured are also covered.

Types of Health Insurance

  • Individual Health Insurance generally covers an individual or a family for a specific sum insured against each individual. Here each family member is separately covered up to the sum insured mentioned and do not share the sum insured with other family members. E.g., John has a family of four members having his spouse and two kids. John can buy a individual health policy for a sum insured of Rs. 4,00,000 for each member which means the policy shall provide protection against unforeseen medical expenses up to Rs. 4,00,000 for each member during the policy period. In this policy the maximum liability of insurance company shall be Rs. 16, 00,000 if all the members claim during the same policy period.
  • Family Floater Policy is a policy that provides protection to a family for a fixed sum insured. However in this policy the entire family is covered under single sum insured or in other words all family members are jointly covered under a single sum insured. The term "floater" means the sum insured floats over all the members. In the above example, if John opts for a family floater cover then the sum insured of Rs. 4,00,000 shall be available to all family members, so each family member can claim up to Rs. 4,00,000 however jointly all family members can't claim more than Rs. 4,00,000 during the same policy period.
  • Group Health Policy is a policy generally taken by a group administrator for a specific group of people. Generally these policies are taken by employers for all employees as part of employment benefits.

Terminology associated with Health InsuranceSum Insured (SI)The Sum Insured offered may be on an individual basis or on floater basis for the family as a whole.

Cumulative Bonus (CB)It is an increase in the sum insured by a specified percentage for every claim free year, subject to a maximum limit without any additional premium.

Cashless FacilityCashless hospitalization is a facility provided by the Insurance Company wherein the Insured can get admitted and undergo the required treatment without paying directly for the medical expenditure. The eligible medical expenses incurred are settled by the Insurance Company directly with the hospital.

InpatientInsured who undergoes treatment after getting admitted in the hospital

Tax Benefits for Health Insurance Health Insurance comes with attractive tax benefit as an added incentive, under Section 80D with an annual deduction of Rs. 25,000 from the taxable income for payment of Health Insurance premium for self, spouse and dependent children. For senior citizens, this deduction is higher, and is Rs. 30,000

Exclusions under a Health Insurance policy

  • 30 Day waiting period is applicable for hospitalisation claims during the first 30 days. However, there is no waiting period for hospitalization due to accidental injury.
  • 2 year Exclusions: Claims for certain named diseases like Tonsils, Sinus, Internal Tumors etc are not payable within the first 2 years of the policy.
  • Pre-existing diseases: Any hospitalisation for conditions existing prior to purchase of health insurance is not covered
  • Treatment related to HIV or AIDS
  • Dental treatment unless requiring hospitalisation
  • Plastic surgery or cosmetic surgery unless necessary as part of treatment of burns, cancer or accident
  • Conditions for which hospitalisation is not required
  • Hospitalisation primarily for diagnosis purpose and not related to any illness
  • Vaccination and immunizations expenses
  • Naturopathy treatment
  • Intentional self-injury, use of intoxicating drugs/ alcohol

Renewal and Grace Period Health Insurance policies are usually annual policies. Some policies may offer a 2 year coverage as well. The insured is required to renew the policy before expiry to ensure continuation of policy benefits.

The Insurance Company also provides a 30 days period for renewal of expired policies for the benefit of policy holders. However, coverage would not be available for the period for which no premium is received by the Insurance Company. The policy will lapse if the premium is not paid within the grace period.

Free look period in Health Insurance policies A 15-day period is provided from the date the policy is received by the customer for him to review the policy terms and conditions. In case the customer decides not to continue with the policy, the Insurance Company will refund the premium in full. This is to ensure that there are no fake promises made to the customer at the time of selling the policy and also provide an opportunity for the customer to review the policy and decide without losing any money.

Portability in Health Insurance As you are aware that with passage of time, the coverage under Health Insurance policy increases and various waiting periods are either reduced or completed thereby providing full coverage to the insured. This is called "Continuity Benefit". When you change your Health Insurance policy from one insurance company to another, you should not lose the benefits you have accumulated with previous insurer across the previous years. In the past in health insurance policies, such a move resulted in you losing the "continuity benefits". Now, as per IRDAI regulations, you can port your policy to another insurer of your choice along with full continuity benefits.

Personal Accident Insurance

Accidents don't come scheduled. They happen anytime and anywhere. The personal accident policy covers a number of eventualities, including train and road accidents, plane crashes, murder and even a slip in the bathroom.

In the event of you being bedridden, your income will stop. Who will provide for the financial commitments of your family? Buying such a policy is the best way to prepare yourself against any eventualities in life. This becomes more important if you are the only earning member in your house and have many dependents. Your entire family's future financial goals depend on your income stream and should that stop because of an accident you meet with; they would be unable to meet any of their future dreams.

Why risk it? While minor accidents can affect you temporarily, major ones can severely impact your life and well-being. The value of the human life is immeasurable, but with a view to provide some relief to the injured person or a dependent, insurance companies offer a personal accident policy. It refers to an insurance which offers compensation in the event of accidental death, bodily injuries or temporary/ permanent disablement. Accidents caused by rail, road, air travel, or injuries due to collision, falls, burns, drowning etc is covered under the policy.

You should buy a personal accident policy because it plugs an important hole in your insurance portfolio. Firstly, it will provide financial support to the policyholder if he is disabled after an accident. Secondly, the magnitude of the mishap doesn't matter; even minor ones like falling off a bicycle and breaking an arm, or fracturing a leg while playing football are covered by the policy.

Coverage and Exclusions:

A personal accident cover provides compensation in the event of unforeseen accidents in the form of Accidental Death (AD) benefit (death due to accident) and disability benefit.

Unlike health insurance, which covers both sickness and accident, personal accident insurance covers loss arising out of accident as defined above only.

Types of disability which are normally covered under the policy are:

  • Permanent total disability (PTD): Totally disabled for lifetime viz. physical severance or loss of use of limbs; total loss of speech, etc.
  • Permanent partial disability (PPD): Partially disable for lifetime viz. loss of fingers, toes, phalanges, etc.
  • Temporary total disability (TTD): Totally disabled for temporary period of time. This section of cover is intended to cover the loss of income during the disability period.
  • While death benefit and PTD is payment of the sum insured, in the event of PPD compensation varies from a fixed percentage of sums insured
  • Weekly compensation means payment of a fixed sum per week or actual weekly income whichever is lower to a maximum number of weeks for which the compensation would be payable. Some insurer only offers fixed benefit
  • Sum insured for PA policies are offered on the basis of gross monthly income. Typically, 5 to 10 times the annual income in such policies sum insured for each section of cover varies as per the plan opted
  • If a person has more than one policy with different insurer, in the event of accidental, death, PTD, PPD, claims would be paid under all the policies
  • Often these policies provide some form of accidental medical expenses cover along with the accident benefit which is paid on fixed limit or actual whichever is higher; fixed limit or actual expense or certain percentage of the actual claims (AD, PTD, PPD or TTD) whichever is higher
  • Many insurer also covers value added benefits like hospital cash on account of hospitalization due to accident:
  • Cost of transportation of mortal remains
  • Education benefit for a fixed sum
  • Ambulance charges on the basis of actual or fixed limit whichever is lower
  • Hospital cash benefit
  • Broken bone benefit, etc.

Common exclusion under PA policies:

  • Any existing disability prior to the inception
  • Death or disability due to mental disorders or any sickness
  • Directly or indirectly caused by venereal disease, sexually transmitted diseases, AIDS or insanity
  • Death or disability caused by radiation, infection, poisoning except where these arise from an accident
  • Any injury arising or resulting from the Insured or any of his family members committing any breach of law with criminal intent
  • Death or disability or Injury due to accidental injury arising out of or directly or indirectly connected with or traceable to war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, mutiny, military or usurped power, seizure, capture, arrests, restraints and detainments
  • In the event the insured person is a victim of culpable homicide, i.e. where the insured dies due to act committed against him, which act is committed with the intention of causing death or with the intention of causing bodily injury as is likely to cause death, or with the knowledge that such act is likely to cause death
  • Death/ Disablement/ Hospitalization resulting, directly or indirectly, caused by, contributed to or aggravated or prolonged by child birth or from pregnancy or in consequence thereof
  • While the insured in participating or training for any sport as a professional, operating or learning to operate any aircraft, or performing duties as a member of the crew on any aircraft; or Scheduled Airlines; or serving in any branch of the Military or Armed Forces of any country, whether in peace or War
  • Intentional self-injury, suicide or attempted suicide (whether sane or insane)
  • Abuse of intoxicants or hallucinogens including influence of drug and alcohol
  • Whilst engaging in aviation or ballooning whilst mounting into, dismounting from or travelling in any aircraft or balloon other than as a passenger (fare paying or otherwise) in any duly licensed standard type of aircraft anywhere in the world

Certain policies also exclude loss arising out of driving any vehicle without a valid driving license. A typical PA policy offers cover on the lines of the table given below:

Cover

Payable in case of claim

Accidental Death (AD)

Capital Sum Insured paid once the loss is established

Permanent total disability (PTD)

Capital Sum Insured once the loss is established

Permanent partial disability (PPD)

Paid % of Capital sum insured depending upon the loss. Total amount not
 exceeding the capital sum insured

Temporary total disability (TTD)

Weekly compensation maximum up to specified weeks not exceeding
the capital sum insured

Home insuarance

Whether you own or rent, our homes and our possessions are precious. Choosing to insure them, and making sure you have the right insurance products for your circumstances, offers peace of mind and lowers the financial pain of repairing your home and replacing damaged or stolen belongings. You can choose to insure your property, its contents, or both.

Common types of coverage available are

  • Fire insurance Covers financial losses associated with damage or loss of a property you own
  • Contents insurance Covers financial losses caused by the loss, theft or damage of your possessions

Methods of fixing the Sum InsuredThe sum insured should represent the replacement value for building and contents except personal affects.

For personal belongings the sum insured should be based on market value

Travel insurance

Whether you need to travel overseas for business or for personal reasons, any trip away from your home involves planning, expense and some risk.

Travel insurance can cover you for financial losses caused by a wide range of events that can affect your trip, whether they occur before, during or even after your trip. These might include travel modification, cancellation or interruption, medical expenses, baggage damage or theft & more.

Travel insurance should be a priority in all travel arrangements, whether you travel regularly, occasionally or you are setting off on a once-in-a-lifetime trip.

You should purchase a travel insurance policy as soon as you have paid for your trip. That way you may be covered for unused travel and accommodation in the event that you must cancel your trip due to a covered event, such as illness or a natural disaster.

Most travel insurers offer policies that cover families and couples, and some also offer multi-trip and annual policies for frequent travellers.

Most international travel insurance policies cover overseas medical and dental expenses, lost or stolen luggage, liability cover, accidental death or disability, and expenses if you incur a financial loss due to delays, cancellations or rescheduled arrangements.

Some travel insurers offer additional services, such as 24-hour medical emergency translation, which can make a huge difference to the quality of treatment you get while travelling.

Medical treatment in some countries can be exceptionally expensive and in some cases it can be difficult to be admitted to a hospital and receive treatment unless you are able to guarantee payment. When you travel overseas, you are personally liable for covering your medical costs. It's not uncommon for even a short stay in, for example, an American hospital to cost tens of thousands of dollars.

Travellers who are not covered by insurance are personally liable for covering the medical and associated costs they incur overseas.

  • Persons up to 70 years can be covered
  • Premium is payable in Rupees but cover is in US dollars
  • Age and duration of trip are factors deciding the premium
  • The cover given is either worldwide excluding USA and Canada OR including USA and Canada

Travel policies are primarily meant for accident and sickness benefits, but most products available in the market package a range of covers within one product.

Usually, the covers offered are:

  • PA cover Accidental death/ disability
  • Accident and Sickness Medical Expense (Hospitalization and OPD)
  • Repatriation of mortal remains and evacuation
  • Dental Treatment
  • Hospitalization Daily Allowance
  • Personal Accident
  • Personal Liability to cover Third party liability for property/ personal damages
  • Loss of checked in baggage
  • Delay in arrival of checked in baggage
  • Loss of passport and documents
  • Trip Cancellation & interruption
  • Trip Delay
  • Hijack cover

Coverage:

  • The cover is granted in US Dollars under different plan of the policy for medical coverage with nominal deductibles
  • Sum insured and deductible for other section are also defined against each section
  • Cashless benefit for medical expense can be availed with prior notification to service provider identified by insurer services the policies

If expenses are claimed on reimbursement basis, foreign currency in which expenses are incurred are converted to Indian rupees and paid. The currency conversion rates are taken as on the date of loss.

Specific exclusion, terms and condition are applicable under each section of coverage. Common exclusions under the medical section of travel insurance product include pre-existing diseases. The coverage is provided for medical treatment for emergency situations and does not cover planned treatment abroad.

Geographical coverage is usually of two types:

  • World-wide excluding USA/ Canada
  • World-wide including USA/ Canada

Some products provide for cover specific for

  • Asian countries
  • African countries
  • Schengen countries

Premiums for USA/ Canada plans are always higher as these countries are known for high costs of medical treatment. Premiums are paid in Indian rupees. The policies are taken for Business trip and Holiday trip as well as the study plans.

  • Individual Policy & Family floater Policy:It's a comprehensive Single Trip cover for an Individual going abroad on business or holiday trip. In family floater policy, coverage is granted for entire family going abroad on business or holiday trip under single policy and one premium. Unlike an individual policy, Sum Assured (Coverage Amount) is shared by all the family members. Duration of cover can be opted for a minimum of one week or less to a maximum of 180 days. Where extension beyond 180 days is required, the same is granted for a further 180 days only.
  • Student policy:  It provides a Comprehensive cover for up to 2 years for Indian students travelling to study abroad. It covers much more and cost much less than the medical covers available in abroad.
  • Frequent flier/ Multi-Trip Policy/ Annual Multi-Trip Policy:The Multi-Trip Travel Insurance plan designed for the frequent international traveler. The policy is valid for 1 year (365 Days). It saves frequent flier time money as you pay an annual one-time premium and can secure as many trips throughout the year.

What is not covered?

  • Intentional self-injury
  • Injury or sickness while under the influence of intoxicating liquor or drug
  • Injury or sickness while participating in any sport as a professional player
  • Injury sustained while participating in any criminal act, violent labour disturbance, riot, civil commotion or public disorder
  • Bodily injury sustained while participating in any hazardous sport like parachuting, hangliding, parasailing, skiing or bungee jumping
  • Medical expenses incurred due to pre-existing diseases
  • Injury due to terrorism
  • Bodily injury or sickness due to war
  • Bodily injury or sickness due to pregnancy
  • Bodily injury or sickness due to HIV/ AIDS

Crop Insurance

Crop or Agriculture Insurance covers risks of anticipated loss in yield of various crops. Almost the entire of Crop Insurance business comes from 'Schemes' or 'Programme'. These Schemes operate on principles of 'Area Approach'. Coverage is compulsory for farmers taking crop loans from Rural Financial Institutions (RFIs) for cultivation of crops, i.e., loanee farmers.

Non-loanee farmers can also insure their crops under the same schemes. The main Schemes available to farmers in respect of crop insurance are as under:

National Agricultural Insurance Scheme (NAIS) of Government of India

National Crop Insurance Programme (NCIP) of Government of India

  • Modified National Agricultural Insurance Scheme (MNAIS),
  • Weather Based Crop Insurance Scheme (WBCIS) and
  • Coconut Palm Insurance Scheme (CPIS)

Which crops are coveredThe scheme covers all food, oilseeds and annual commercial/ horticultural crops for which historical yield data is available and crop cutting experiments are planned for the current year. State Governments issue notifications containing names of crops, areas eligible for insurance, rates of premium etc. at the beginning of each cropping season.

Marine Insurance

Marine Insurance is broadly of two types:

  • Marine Cargo Insurance
  • Marine Hull Insurance

Marine Cargo Insurance provide insurance cover in respect of loss of or damage to goods during transit by rail, road, sea or air.
Marine Hull Insurance is concerned with the insurance of ships (hull, machinery, etc.).

Important factors considered in Marine cargo insurance:
Type of cargo, like edible items, cement, glass, bulk cargo like wheat etc, electrical, electronic items, garments, jewellery, petroleum products etc Type of packaging, cartons, boxes, bags, containers etc Type of journey - by sea, rail, road or air Class of ocean going vessel

How Marine Cargo Insurance helpsCargo can be damaged on exposure to a wide variety of risks, including an accident of the vehicle carrying the cargo, damage due to jolts, jerks etc. In the international trade, both consignor and consignee need to ensure safety of the goods. Marine Insurance protects both parties and in case of any loss to the cargo, the equivalent compensation is paid by the insurer which provides financial stability to both consigner and consignee.

 

What is covered in a Marine Cargo policy? Generally all risk policies are taken which covers loss or damage due to all causes except if caused by listed exclusions. The exclusions are as under:

  • Loss or damage due to wilful misconduct of insured
  • Ordinary leakage, ordinary loss in weight or volume, ordinary wear and tear
  • Loss or damage due to insufficiency or unsuitability of packing
  • Loss or damage due to inherent vice or nature of the subject matter
  • Loss or damage caused by delay
  • Loss or damage due to insolvency or financial default of owners/ operators of vessel
  • Loss or damage due to war, strikes, riots and civil commotion
  • Loss or damage due to nuclear perils
  • Loss or damage due to unseaworthiness of the vessel

Duration of coverage in Marine InsuranceMarine Insurance covers do not provide fixed period coverage like fire insurance and generally covers the goods from warehouse to warehouse. The coverage stages when the goods leave the warehouse and ends when the goods are delivered to the warehouse at destination.

Servicing TATs

General

Services

Maximum Turn around

Processing of proposal and communication of decision including the requirements/Issue of policy/cancellation

15 days

Obtaining copy of the proposal

30 days

Post policy issue service requests concerning mistakes/refund of proposal deposits and non claims related service request

10 days

Claims

Services

Maximum Turn around

Survey report submission

30 days

Insurer seeking addendum report

15 days

Offer of settlement/rejection of claim after receiving first/addendum survey report

30 days

Grievances

Services

Maximum Turn around

Acknowledgment of grievance

3 days

Resolution of grievance

15 days

In case of any deficiency of services by Insurance Company, policy holder must be provided with inexpensive and speedy mechanism for complaint disposal related to policy and/or claims.

Principles of insurance

The main objective of every insurance contract is to give financial security and protection to the insured from any future uncertainties. Seeking profit opportunities by reporting false occurrences violates the terms and conditions of an insurance contract. This breaks trust, results in breaching of a contract and invites legal penalties. Insurance contracts are governed by certain principles because of their special nature. These principles are known as fundamental or basic principles of the insurance. These are:

  • Utmost Good Faith
  • Insurable Interest
  • Indemnity, and its corollaries
  • Subrogation
  • Contribution
  • Proximate Cause
  • Principle of Loss Minimization

Utmost Good Faith

In general contracts the buyer is supposed to inspect the goods or products at the time of buying the same. This is known as the doctrine of "Caveat Emptor". Literally, it means - "Let the buyer beware."

On the other hand, in insurance contracts the situation is different as one party i.e. - the proposer knows everything about the subject matter of insurance, while the other party i.e. the insurer knows nothing.

For Example: If a proposer wants to get some machinery insured against breakdown, then he is aware of the factors that can affect the likelihood of breakdown, namely:

  • The exact condition of the machinery
  • Average frequency of breakdown in the past
  • Likely future usage patterns
  • Skill level of the operators of the machinery etc.

Therefore the proposer has an unfair advantage over the insurer since he has greater knowledge about the subject matter of the contract. For this reason, the law imposes a greater duty on the parties of insurance contracts than to other commercial contracts. This is called the doctrine of "uberrima fides" or "utmost good faith."

This doctrine calls for the proposer to disclose all facts that are material to the risk, whether the insurer inquires for the facts or not.

Note: A positive duty to voluntarily disclose accurately and fully, all facts material to the risk being proposed for insurance, whether requested or not.

Material facts

Material fact is any fact which would influence the insurer in

  • Accepting a risk
  • Declining a risk
  • Accepting the risk at certain terms and conditions and rate of premium

Incidental or trivial facts are not considered as material facts.

For e.g.: Under vehicle insurance, the age of the car and age of the driver is a material fact while the age of the occupants is not a material fact.

Facts which must be disclosed by the proposer

  • Facts representing greater exposure to risk than otherwise expected from its normal nature of the object insured, e.g. a warehouse outside the town limits without a 24X7 security is a worse risk. The fact of no 24X7 security is a material fact
  • External factors which make the risk greater than would be normally expected, e.g. a risk surrounded by a river on three sides is an external factor which increases the risk exposure
  • History of previous losses and claims under other policies indicating frequency and severity of losses
  • Any refusal or special terms imposed by previous insurers
  • Existence of other policies
  • All other relevant details of the subject matter of insurance

Some examples of such facts for different kinds of policies are:

Fire Insurance:

  • Construction of the building
  • Geographical location
  • Occupancy e.g., office, residence, shop, warehouse, manufacturing unit etc.
  • Nature of goods, hazardous, non-hazardous, extra-hazardous, perishable etc.

Theft Insurance:

  • Nature of stock and its value
  • Nature of security precautions

Motor Insurance:

  • Cubic capacity of engine (private car) I Gross vehicle weight (commercial vehicles)
  • Year of manufacture
  • Seating capacity
  • Purpose for which the vehicle is to be used
  • Geographical area in which it is used

Marine Insurance: (Cargo)

  • Method of packing whether in single gunny bags or double gunny bags, if in new drums or second hand drums etc.
  • The nature of goods - whether the machinery is new or second hand

Personal Accident Insurance:

  • Exact nature of occupation
  • Age, height & weight
  • Physical disabilities etc.

FACTS WHICH NEED NOT BE DISCLOSED


  • Facts of Law - Just as ignorance of law is no excuse, facts of law need no reiteration.
  • Facts of common knowledge
  • Facts which lessen the risk
  • Facts which could reasonably be discovered
  • Facts covered by policy conditions

VOID AND VOIDABLE CONTRACTS


A breach of duty of utmost good faith may arise:

  • Through an oversight or because the proposer thought that it was not material or
  • Intentional

If there is a non-disclosure or misrepresentation with fraudulent intention, the insurance contract becomes void. A void contract has no legal effect or validity.

If the duty of disclosure is broken in any other way, the contract becomes voidable, which means the insurer will have the option to avoid the contact and reject the claim.

Void and voidable contracts are different from unenforceable contracts. E.g. If an insurance policy is not stamped according to the provisions of the Indian Stamp Act, the contract becomes unenforceable i.e., it cannot be produced as evidence in a court of law.

Breach of Duty of Utmost Good FaithBreaches of the duty of Utmost Good Faith arise due to:

  • Misrepresentation (Innocent and Fraudulent, i.e. inadvertent and deliberate)
  • Non-disclosure (Innocent and Fraudulent Concealment, i.e. inadvertent and deliberate)

Misrepresentation happens when the proposer does not report the facts accurately. Non-disclosure happens when the proposer omits to report material facts. If the proposer deliberately hides facts that he knows to be material it is called "Concealment".

Contractual Duty: Proposal forms are designed to obtain all material information about the subject matter of insurance. Each form contains a declaration to the effect that all the questions have been answered truly and correctly and that the proposal and declaration shall be the basis of the contract. The legal effect of this declaration is that the insurers can avoid the contract if any answer is inaccurate or incorrect, even if the answer is not material to the risk. This is called the contractual duty of utmost good faith which is far stricter than the common law duty.

Insurable Interest

Generally, it is believed that if you are willing to pay the premium, almost anything can be insured by anyone. In other words, can we insure the house or the car of our neighbour and collect insurance claim if a loss takes place? The answer is an emphatic No.

Any asset is insurable by a person only if damage to that asset results in:

  • Loss of a legal right or
  • Creation of a legal liability for that person.

This legal right to insure is called insurable interest. In other words, a person/organization is said to have an insurable interest in the risk if the person/ organization stands to gain by preservation of property and stands to lose by damage or destruction of the property. Similarly, if the person/ organization stand to gain by absence of liability and stand to lose by existence of liability then insurable interest is stated to be present.

Without insurable interest, the contract of insurance will be void. Because of this legal requirement of insurable interest, insurance contracts are not gambling transactions. For example, you cannot insure your neighbour's car because damage to the car does not result in any financial or legal implications for you.

Subject matter of Insurance The subject matter of insurance can be any type of properly or any event that may cause a loss or create a liability. Insurance is taken to offset the loss incurred or to pay for the liability created.

SUBJECT MATTER OF CONTRACT

The subject matter of contract is the financial interest which a person has in the subject matter of insurance.

In insurance, it is not the asset or properly that is being insured. It is only the financial interest of the proposer in the asset or properly that is insured.

For e.g.: In a fire policy, it is not the bricks and the materials used in constructing the building that is insured. It is the interest of the insured in the building.

ESSENTIALS OF INSURABLE INTEREST

The features which are essential for insurable interest are:

  • There must be some properly, right, interest, life, limb or potential liability capable of being insured
  • The above-mentioned properly, right, interest etc. should be the subject matter of insurance
  • The insured must have a relationship with the subject matter of insurance whereby he benefits from the safety, well being or freedom from liability and would be adversely affected by its loss, damage or existence of liability
  • The relationship between the insured and the subject matter of insurance should be recognized by law

APPLICATION OF INSURABLE INTEREST

The following persons/organization may be deemed to possess an insurable interest in the property

  • The owner of a property has insurable interest in the said property
  • A bank or financial institution has an insurable interest in the property on the mortgage of which loans have been given. However, the extent of the Bank/ F.I's interest is limited to the amount of the loan. Usually under such circumstances, the policies are issued in the joint names of the insured and the bank/ financial institution
  • An employer has an insurable interest in the lives of the employees
  • Consignor/consignee has an insurable interest in the property in transit
  • A charterer has an insurable interest in the ship and its tool and tackle
  • A landlord has an insurable interest in the property and the rent earned from the same while a tenant has an insurable interest in the property and the alternate rent which they may have to pay if the property is damaged

Assignment

Assignment refers to transfer of title of the policy from one insured to another. For example if A sells his car to B, then A ceases to have insurable interest in the car. At the same time, insurable interest is created for B with the ownership of the car. In such a case A can transfer the insurance policy in the favour of B. It means transfer of rights and liabilities of an insured to another person who has acquired insurable interest in the property insured.

Fire, Miscellaneous and Marine Hull policies can be assigned only with the prior permission and consent of insurers.

However, Marine cargo policies are freely assignable without the previous knowledge or consent of the insurer. The reason is that the ownership of the goods insured under a marine cargo policy could change when the goods are still in transit and it is necessary that the benefit of the new policy should pass to the new owner. It is important to appreciate that international trade and commerce could not be what it is without this provision of free assignment under marine cargo policies.

Assignment Due to Operation of law

Sometimes, transfer of insurable interest takes place due to operations of law. In such cases, the insurance is normally transferred in the name of the new insured. For example, if X dies and Y is the legal heir of X then insurance would be transferred in the favour of Y.

indemnity

The effect of this principle is to prevent the insured from making a profit out of a loss. Indemnity is the mechanism by which insurers provide financial compensation in an attempt to make good the loss suffered by the insured due to the happening of the event insured against.

The effect of indemnity is to place the insured in the same financial position in which he was immediately before the loss - neither better-off nor worse-off.

Indemnity means to provide compensation to the policyholder in such a way that neither he is benefited nor does he remain in loss, after a claim under the policy.

Some contracts like personal accident are not contracts of indemnity but are benefit contracts.

Here the sum insured becomes the agreed sum of insurance between the insured and insurer and is payable in full without any deduction.

Indemnity and Insurable Interest

Indemnity is closely related with insurable interest. As per the concept of insurable interest, the amount of loss that a person suffers due to any event is limited to the insurable interest that he has in the asset/ property. Therefore, in the event of claim the amount of indemnity cannot exceed the insurable interest that the insured has in the subject matter.

Measurement of Indemnity

The method by which indemnity is measured depends upon the nature/class of insurance. In the classes of business which are subject to indemnity principle, namely property, liability and other non-life insurance business, the exact amount of compensation is not known in advance. The compensation depends on a number of factors which include the extent of loss, amount of insurance, total value of the asset which is lost/damaged etc. 
On the other hand, other classes of business like life assurance and personal accident insurance, the principle of indemnity is not strictly applicable. This is because it is difficult to measure the loss of life or limb in money terms. Therefore in this case the value is declared by the insured and the entire amount of the policy is paid at the time of the claim.

FACTORS LIMITING PAYMENT

A number of factors may limit the amount payable under an insurance policy. The most important among these are:

Sum Insured

The total sum insured is the limit of maximum amount recoverable under the policy even if the calculated amount of indemnity is higher. The situation of indemnity exceeding the sum insured arises if the policy sum insured is not updated for a long time and in that duration the value of the property increases. Sum Insured is the maximum limit of liability under the policy.

Exceptions: At times, in marine insurance policies, some loss minimization expenses are paid even in excess of sum insured.

Depreciation

The value of an asset decreases over time due to constant use. So the amount towards depreciation due to wear and tear is generally deducted.

Salvage

In case of partial loss, the property may remain in a deteriorated or damaged condition. If the insurance company has agreed to pay the loss in full, it is entitled to any materials left. If the left over parts are not deposited with the insurance company, the amount payable is reduced by the value of salvage. This is common practice in motor insurance policies.

Average

If at the time of loss the value of the property insured is more than the sum insured, then the insured would be considered his own insurer for the difference. Thus, in the event of loss, the amount is shared between the insurer and the insured in the proportion of sum insured and the amount of underinsurance. The formula applicable when average is applied for identifying the amount of claim payment would be: Claim Payment = Sum Insured / Total Value x Loss Therefore, when the average clause operates to reduce the amount payable, the insured is receiving less than an indemnity. This is because, he is considered his own insurer for a proportion of risk and in that sense is supposed to "indemnify himself" for the balance.

Policy limits

Many policies limit the amounts to be paid for certain events by the wording of the policy itself. For example universal health insurance policies often specify a limit of Rs. 15,000 per claim.

Excess

An excess is the initial amount of each and every claim that is supposed to be borne by the insured himself. There are two prime objectives behind the concept of excess. Objective one is to eliminate losses of small value the cost of assessment/ processing/ administration of which may exceed the loss itself. For example, if there is no excess under a policy the insured could file claims for amounts as little as Rs 500 and Rs 1000. The administrative cost of registering a claim, surveying the loss, assessing it and finally processing the claim and payment by issuing a cheque – all of this could well exceed several thousand rupees worth of administrative expense for the insurer.

The second objective of excess is equally important and relevant. It makes the insured a partner to the payment of loss by making him bear a small part of every loss. When the insured knows he has to bear a part of loss it makes him more diligent in managing his risk.

COROLLARIES OF INDEMNITY

Subrogation

Subrogation is the right of one person (insurer), having indemnified another (insured) under a legal obligation to do so, to stand in the place of that other (insured) and avail himself (insurer) of all the rights and remedies of that other, whether already enforced or not".

This principle is corollary to the principle of indemnity in the sense that it prevents the insured to be benefited by loss after receiving the loss from the insurer as well as the responsible third party. The insured may recover the loss from another source after receiving the claim from the insurers but that additional money must be given to the insurers.

After the insurer has paid the indemnity amount to the insured, all the legal rights and remedies concerning the subject matter of insurance pass to the insurer. Note: Subrogation applies only when there is a contract of indemnity. It is not applicable in life insurance, personal accident insurance as these are benefit contracts and are therefore, not subject to the principle of strict indemnity.

Extent of Subrogation rights:

This principle does not apply only to the insured but also to the insurer as insurers are not entitled to recover more than what they have paid as claim. Just like the insured, the insurer must also not make any profit out of an insurance claim. If after making the indemnity payment, the insurer is able to recover from the third party an amount greater than the amount paid to the insured, the excess amount has to be paid to the insured.

  • In a case where excess or average applies, the insured is considered to be his own insurer for that partial amount. If any money is recovered by the insured, he is entitled to retain an amount equal to that partial share of the risk.
  • Subrogation can arise only from payments made in order to indemnify the insured. It does not arise in case of 'ex-gratia' payments made outside the policy terms.

Contribution

This principle underlines that if a property is insured with more than one insurer, then all the insurers have to contribute to the amount of indemnity payable. In this fashion, the insured is prevented from making a profit out of the loss.

In some cases more than one policy may be in force on the same subject matter at the time of loss. In that circumstance each insurer would need to bear a proportion of loss. The proportional share of each insurer would be computed on the basis of the sum insured. This is referred to as Contribution.

The principles of subrogation and contribution do not apply to personal accident polices as these are not contracts of indemnity.

The following features are to be met before the condition of contribution arises:

  • Two or more policies of indemnity must exist;
  • The policies must cover the same interest;
  • The policies must cover a common peril which gives rise to the loss;
  • The policies must cover a common subject matter; and
  • Each policy must be liable for loss

Note: It is not necessary for the policies to be identical to each other. There should, however, be an overlap in such a manner that both policies are liable for payment of indemnity.

When contribution operates

By Common Law: When an insured has more than one insurer, he my confine his claim to one of them as per his convenience. In that event, as per common law, the insurer can call for contribution from other insurers after the insured has been paid. This situation is found most often in marine insurance policies.

Contractual Condition: In most cases, insurers word their policies to state that they are only liable for their 'rateable proportion' of the loss. This means that the insurer is liable for his portion only and, and it is up to the insured to make a claim against the other insurer[s] if he wishes to be fully indemnified.

BASIS OF CONTRIBUTION

Contribution is usually calculated on the basis of 'Rateable Proportion'. This means that each insurer contributes towards paying the loss in proportion to the sums insured on the policies.

For example: Let us assume that a business has insured its warehouse against the peril of fire with three different insurers for Rs. 5 Lakh, Rs 3 Lakh and Rs 2 Lakh. Suppose the warehouse is partly destroyed due to fire and the amount of loss is assessed at Rs. 200,000

Insurance Company

Sum Insured (Rs)

Claim Liability Ratio

Claim Liability (Rs)

A

500,000

50%

100,000

B

300,000

30%

60,000

C

200,000

20%

40,000

Total SI

1,000,000

100%

200,000

Proximate Cause

Principle of Proximate Cause means when a loss is caused by more than one causes, the proximate or the nearest or the closest cause should be taken into consideration to decide the liability of the insurer. This principle is found very useful when the loss occurs due to series of events. The principle states that to find out whether the insurer is liable for the loss or not, the proximate (closest) and not the remote (farthest) must be looked into.

However, in case of life insurance, the principle of Proximate Cause does not apply. Whatever may be the reason of death the insurer is liable to pay the amount of insurance.

Under this rule, in order to determine whether a loss resulted from a cause covered under an insurance policy, a court looks for the predominant cause which sets into motion the chain of events producing the loss, which may not necessarily be the last event that immediately preceded the loss.

ExamplePrathamesh had taken an accident insurance policy which covered death by accident. While walking on the road one day, he was hit by a car. He was rushed to the hospital. Being a person with a weak heart, he could not stand the shock of the event and died after a few hours from heart failure. The insurance company disputed the claim saying it was the heart attack rather than the accident which had caused his death. The court ruled that even though the immediate cause of death may have been collapse of the heart, the proximate cause of death was the accident and ordered the company to pay the claim.

In a nut shell, the loss of insured property can be caused by more than one cause in succession to another.

  • The property may be insured against some causes and not against all causes
  • In such instances, the proximate cause or nearest cause of loss to be found out
  • If the proximate cause is the one which is insured against the insurance company is bound to pay the compensation and vice versa

Principle of Loss Minimization

According to the Principle of Loss Minimization, insured must always try his level best to minimize the loss of his insured property, in case of sudden events like fire etc. The insured must take all necessary steps to control and reduce the losses and to save what is left. This principle makes the insured more careful in respect of this insured property, just as any prudent person would do in those circumstances. If he does not do so, the insurer can avoid the payment of loss attributable to his negligence. But it must be remembered that though the insured is bound to do his best for his insurer, he is, not bound to do so at the risk of his life. The insured must not neglect and behave irresponsibly during such events just because the property is insured. Hence it is a responsibility of the insured to protect his insured property and avoid further losses.

ExampleJohn's house is set on fire due to an electric short-circuit. In this tragic scenario, John must try his level best to stop fire by all possible means, like first calling nearest fire department office, asking neighbours for emergency fire extinguishers, etc. He must not remain inactive and watch his house burning hoping, "Why should I worry? I've insured my house."

Insurance is a beautiful subject, one that benefits you greatly if you are well versed with it. In order to understand it completely, you have to know the various terminologies and abbreviations that are used. This will help you understand the working of an insurance policy better. Here, we have systematically listed and explained the terms. So let’s begin!

What is a document?

A document is a tool of communication and an evidence of a given transaction. A document can be in a paper format or an electronic one. It may be signed on physical paper by ink or for electronic documents by electronic or digital signature.

Why do we need a document?

For any commercial entity, documents are of importance. The documents are proofs of the transaction between the organization and its customers, between organization and its suppliers/ vendors and between the organization and its employees. Documents help refer to the correct instance in the past as well as keep record of the interaction/ transaction in the event of a dispute and for audit, taxation and other government purposes.

Documents in Insurance

As you are aware, the insurance products are intangible and it is nothing but a promise to compensate the insured on a defined uncertain event happening in future. This involves the customer giving the correct particulars of the risk and insurer issuing a policy to cover the specified risk against specified perils, for a particular time period subject to specified terms and conditions.

Hence, the documents in case of an insurance policy will be a proposal form, risk details forms in case of complex risks, risk protection and loss minimization documents and certificates. From the side of the insurers, the policy with schedule and terms and conditions are the documents. A renewal notice will be an important document in case of renewal. Typically, policy document consists of the Preamble, Operative clause, conditions, warranties, exclusions, schedule and a reference to the proposal form stating it to be a part of the policy and basis for the same.

Importance of insurance documents

The following can be enumerated to focus on the importance of insurance documents:

  • An instrument of conclusive proof
  • Direct evidence in case of arbitration or legal cases
  • An instrument for redress of grievances
  • An instrument for substantiating the financial reporting of the Insured

Reciprocal duties and responsibilities

Insurance policies are contracts based on good faith which in turn is based on the legal principle of Utmost good faith. It is a duty of the insured to give the correct information relevant to the subject matter being insured; equally it is the duty of the insurer to express the correct covers and the conditions of the contract.

The principle of 'caveat emptor' (let the buyer beware) is not applicable to insurance contracts. This means that the insurance company should inform and educate the insured about the various contents of the insurance policies.

Process of Insurance  Insurance forms used at different stages of the insurance process are:

  • The insurance process is initiated when the proposer fills the proposal form and provides it to the insurer. The proposal form contains all material information required by the insurer in respect of the risk.
  • The insurer examines the proposal form and if the risk therein is considered acceptable, a cover note is issued. The cover note is a temporary document issued in advance of the policy. It is issued as an evidence of protection and is unstamped. It is only valid for a short period of time till the policy is issued.
  • The issuance of the policy document usually requires some time for completion of documentation and other statutory formalities
  • The policy is a formal document which forms the basis of the insurance contract. The policy has to be stamped in accordance with the provisions of the Indian Stamp Act, 1899.
  • Most general insurance policies are issued on an annual basis. Insurers generally send a Renewal Notice to the insured, inviting renewal of the policy, about a month before expiry of the policy.
  • Claims forms are used when the claims are preferred on the insurance company in even of happening of the claim.
  • Upon receipt of a claim notification, a licensed surveyor is appointed by the insurance company to investigate into the loss incident and also provide a report detailing the assessment of the quantum the loss.

Now we will see the various documents one by one

Proposal Form

The proposal form contains questions designed to elicit, in a structured format, material information about the particular risk proposed for insurance. The purpose of the proposal form is to provide all material information to the insurers. Further, the form includes a declaration by the insured stating:

  • That the answers are true and accurate
  • Insured declares that the intermediary/ insurer has explained the document to him/ her and he/ she understands the significance of the questions asked and replied
  • Insured agrees that the form shall be the base of the insurance contract
  • A statutory warning on all proposal forms of provision of Insurance Act regarding prohibition of rebates

This declaration converts all the statements made in the proposal form to the level of warranties. This enables the insurers to avoid the contract in case of fraudulent intents.

A typical proposal form usually contains:

  • Proposer's name and address
  • Proposer's profession, occupation or business
  • Details of previous and present insurance
  • Loss experience
  • Sum insured
  • Signature of the proposer, date etc.
  • Questions specific to the class of insurance desired

Certificate of Insurance

A certificate of insurance is a document which certifies existence of insurance for the benefit of law enforcing authorities. Certificate of insurance is typically issued in marine insurance and motor insurance.

In Marine Insurance, the certificate is issued under open cover. While open cover is an unstamped document, the certificate is a stamped document as per the stamps acts. Certificate of Insurance is issued to provide evidence of cover on shipments insured under cargo open cover or open policies also under marine cargo covers.

In Motor Insurance, a certificate of insurance is required by the Motor Vehicles Insurance Act. This certificate provides evidence of insurance to Police, Registration authorities and the Judiciary.

A typical Certificate of Insurance usually contains the following details:

  • Certificate No.
  • Policy No.
  • Vehicle Registration Mark and No., Place of registration, Engine No., Chassis No., Make, Year of Manufacture
  • Type of Body, Engine Capacity, Seating Capacity, Net Premium, Name of Registration Authority
  • Name and Address of the Insured, Business or Profession
  • Effective date of commencement of insurance
  • Date of expiry
  • Person or classes of persons entitled to drive

Insurance Policy

The Insurance policy is a formal document which provides an evidence of the contract of insurance. This document has to be stamped in accordance with the provisions of the Indian Stamp Act 1899

A typical policy document normally covers information related to below mention 16 aspects:

  • Name and address of the insured and any bank or any other person having financial interest in the subject matter of insurance
  • Full description of the property or interest insured
  • The location or locations of the property with respective insured value
  • Period of insurance
  • Sums insured
  • Perils covered and perils excluded
  • Any excess applicable
  • Premium paid
  • Policy terms, conditions, exclusions and warranties
  • Action to be taken by the insured upon occurrence of a contingency likely to give rise to a claim under the policy
  • The obligations of the insured upon occurrence of an event giving rise to a claim and the rights of the insurer in the circumstances
  • Any special conditions attached to the policy
  • Provision for cancellation of the policy on grounds of misrepresentation, fraud, non-disclosure or non-cooperation
  • The address of the insurer to which all communications in respect of the insurance contract should be sent
  • The details of the riders attaching to the main policy
  • Performa of any communication the insurer may seek from the policy holders to service the policy

Sections of Insurance Policy

The above information is usually grouped into seven distinct sections, which are:

  • Name and address of the insured and any bank or any other person having financial interest in the subject matter of insurance
  • The Preamble or Recital Clause: Parties to the contract. This clause in the policy primarily states that insured has paid the premium and signed the proposal form which forms the basis of this insurance contract
  • Operative Clause or Insuring Clause: This clause mentions the fact of payment of premium by the insured and states that the insurer has made a promise to pay for losses/ damages/ liabilities caused by covered perils subject to the terms and conditions of the policy and the limit of liability. The detailed list of perils covered under the policy is captured to ensure that both parties are on the same page regarding the coverage offered
  • Schedule: Details applicable to the particular contract like Policy No., insured's Name and Address, Date of issue, Risk covered, Rate, Premium, Period of Insurance, Property, insured etc.
  • Signature Clause: Signature of authorised official of the insurer
  • Conditions: Terms and conditions that regulate the contract. Some conditions deal with details of practice. E.g.: Conditions which provide for cancellation of the policy, timely notification of loss to the insurers etc.
  • Any excess applicable
  • Warranties: These are added in a policy to ensure that the risk remains the same as it existed at the time of the proposal. E.g.: Fire Insurance: Warranted that during the currency of the policy no hazardous goods shall be stored in the building; Marine Insurance: warranted that the goods are packed in double gunny bags; Burglary Insurance: Warranted that the premises are guarded by watchman at all times. If a warranty is breached, the policy becomes voidable at the option of the insurers even when it is clearly established that the breach has not caused or contributed to a particular loss

The important insurance conditions generally applicable to all the insurance policies are as below: Conditions regulate the contract of insurance.

  • Policy makes a reference to the proposal form being the basis of the policy. The insurance contract is connected to the proposal form and policy states that it should be read with proposal form and schedule of the policy
  • Payment of premium is always included in the conditions of policy. In India, since the Insurance Act mandates that the premium needs to be paid before commencement of risk, the premium if not paid prior to commencement of risk, the contract of insurance becomes void
  • Rules for cancellation: These rules define the minimum period notice of cancellation of insurance contract and provision different rating for the premium for remaining period of insurance from date of cancellation
  • Duty of disclosure mandates the duty of Insured to reveal and disclose the correct information about the subject matter of insurance, based on which the insurance company decides the premium rates, deductibles, conditions and exclusions applicable for the particular risk
  • Intimation of claim : This portion of the policy states that:
    • Insured needs to intimate loss, if any, within a specified period of time to the insurer
    • Some policies mention no period but seek intimation immediately. This applies to some policies like motor where insured could have been injured and it may not be reasonable on part of the insurer to seek intimation within specified time period and may not be practical for the insured to meet the time limit
    • Cooperate with the insurer by giving them desired information for surveying and assessing the loss
  • The condition may include the product specific provisions such condition of average in case of property and engineering products. This condition provides a duty of Insured to keep the Sum Insured of the subject matter equal to market value or replacement cost at the time of loss. In the event the sum insured happens to be less than the Market Value or Replacement Cost the insured is supposed to be his own insurer and loss is paid proportionately
  • Condition of Arbitration: This is typically included on all insurance contracts. Arbitration is a pre-litigation mechanism when the dispute is limited to quantum of liability. If the dispute is on admissibility of claim then the dispute cannot become a subject matter of arbitration. Thus, Arbitration is a tool to avoid long drawn litigations in courts of law
  • Reinstatement of Sum Insured in case property insurance. Upon acceptance of a claim, the sum insured stands reduced by the amount of claim paid. The insured has the option to pay proportional premium for the loss of sum insured and reinstate the sum insured. Such proportional premium can be deducted from the claim amount

The difference between Conditions and Warranties

Policy conditions are provisions, rules of conduct, duties and obligations required for coverage.

Warranty in an insurance policy is a promise by the insured that statements affecting the validity of the contract are true. A warranty can be a condition but a condition may not be a warranty.

In brief, the conditions provided are in general and warranties are specific to the risk. A breach of policy condition(s) and or warranty (ies) could render the insurance contract void.

Endorsements

It is the practice of insurers to issue policies in standard form, covering certain perils and excluding others. Due to an error in the policy or due to change in the particulars of the risk, at times, it is required to alter the particulars of the risk in the policy. Such changes are done by issuance of endorsements. Endorsements are attached to the policy and form part of it. The Endorsement could be of the following types:

  • Monetary endorsements

All endorsements which make a change in the risk particulars affecting the premium chargeable fall under this category. Change in risk particulars may enhance the risk or diminish the risk. Enhancement of risk leads to extra premium endorsement while diminishing of risk leads to refund premium endorsement.

Endorsements which extend the period of cover or reduce the period (cancellation of policy) also fall in these two categories of extra endorsement or refund endorsement, respectively.

  • Non-monetary endorsements

As the name indicates, whenever the change in the risk features does not enhance or diminish the risk but is only for correction of errors which have no premium bearing then non-monetary endorsements are issued. By these documents the error in spelling of insured’s name, inclusion/exclusion of financial interest and similar such endorsements are passed.

Renewal Notice

Most general insurance policies are for a period of 12 months. Usually insurers send out Renewal Notices to the insured to remind them that the policy is due to expire shortly.

The renewal notice normally contains relevant particulars of the policy such as:

  • Policy Number
  • Sum Insured
  • Annual Premium
  • Date of Expiry
  • Note advising the insured that he should intimate any material alterations in the risk

Claim forms

The claim form is a statement of loss made by the insured on the insurance company. It contains the policy particulars, details of property damaged/ affected, date/ time/ place of loss, the cause of loss, other statements viz. existence of police report/ fire brigade report and a statement of extent of loss.

Submitting the claim form is a way of preferring the claim on the insurance company. The claim forms are normally a standard forms printed to suit to various insurance products.

The detailed claim form which gives all information of the claims occurrence and a declaration that the information given the form is correct. It has to be signed by the Insured or his authorized person.

Survey/ Investigation/ Legal Reports

Survey reports are typically reports of independent professionals such as surveyors, investigators, advocates, architects and chartered accountants. The survey reports are instrumental in understanding the cause of loss and the assessment of the claim in monetary terms.