Chapter - 1 Introduction To Insurance in India: Vivek College of Commerce
Chapter - 1 Introduction To Insurance in India: Vivek College of Commerce
CHAPTER – 1
1.1) History:
1912: The Indian Life Assurance Companies Act enacted as the first
statute to regulate the life insurance business.
1928: The Indian Insurance Companies Act enacted to enable the
government to collect statistical information about both life and non-
life insurance businesses.
1938: Earlier legislation consolidated and amended to by the Insurance
Act with the objective of protecting the interests of the insuring public.
1956: 245 Indian and foreign insurers and provident societies taken
over by the central government and nationalized. LIC formed by an Act
of Parliament, viz. LIC Act, 1956, with a capital contribution of Rs. 5
crore from the Government of India.
The General insurance business in India, on the other hand, can trace its
roots to the Triton Insurance Company Ltd., the first general insurance
company established in the year 1850 in Calcutta by the British.
1907: The Indian Mercantile Insurance Ltd. set up, the first company to
transact all classes of general insurance business.
1957: General Insurance Council, a wing of the Insurance Association
of India, frames a code of conduct for ensuring fair conduct and sound
business practices.
1968: The Insurance Act amended to regulate investments and set
minimum solvency margins and the Tariff Advisory Committee set up.
1972: The General Insurance Business (Nationalization) Act, 1972
nationalized the general insurance business in India with effect from 1st
January 1973.
107 insurers amalgamated and grouped into four companies’ viz. the
National Insurance Company Ltd., the New India Assurance Company
Ltd., the Oriental Insurance Company Ltd. and the United India
Insurance Company Ltd. GIC incorporated as a company.
Furthermore, over the medium and long term, India’s insurance market
will continue to experience major changes as its operating environment
increasingly deregulates. On the one hand, a mix of new products, new
delivery systems and a greater awareness of risk will generate growth. On
the other hand, competition will remain intense as private sector insurers
and those about to enter India seek to win market share from the more
established public sector entities.
A. Life Insurance:
It is the uncertainty that is risk, which gives rise to the necessity for some
form of protection against the financial loss arising from death. Insurance
substitutes this uncertainty by certainty. The primary purpose of life insurance
is the protection of the family. Insurance in its various forms protects against
such misfortunes by having the losses of the unfortunate few paid by the
contribution of the many that are exposed to the same risk. This is the essence
of insurance –the sharing of losses and substitution of certainty for
uncertainty.
There are a variety of life insurance products to suit to the needs of various
categories of people—children, youth, women, middle-aged persons, old
people; and also rural people, etc. Life insurance products could be purchased
from registered life insurers notified by the IRDA. Insurers appoint insurance
agents to sell their products. Public who are interested to buy life insurance
products should receive proper advice from insurance agents/insurer so that a
right product could be chosen to suit particular financial needs.
B. General Insurance:
Insurance other than ‘Life Insurance’ falls under the category of General
Insurance. General Insurance comprises of insurance of property against fire,
burglary etc, personal insurance such as Accident and Health Insurance, and
liability insurance which covers legal liabilities. There are also other covers
such as Errors and Omissions insurance for professionals, credit insurance
etc.
Non-life insurance companies have products that cover property against
Fire and allied perils, flood storm and inundation, earthquake and so on.
There are products that cover property against burglary, theft etc. The non-life
companies also offer policies covering machinery against breakdown,
there are policies that cover the hull of ships and so on. A Marine
Cargo policy covers goods in transit including by sea, air and road. Further,
insurance of motor vehicles against damages and theft forms a major chunk of
non-life insurance business.
There are general insurance products that are in the nature of package
policies offering a combination of the covers mentioned above. For instance,
there are package policies available for householders, shop keepers and also
for professionals such as doctors, chartered accountants etc. Apart from
offering standard covers, insurers also offer customized or tailor-made ones.
Suitable general Insurance covers are necessary for every family. Most
general insurance covers are annual contracts. However, there are few
products that are long-term.
It is important for proposers to read and understand the terms and
conditions of a policy before they enter into an insurance contract. The
Section 14 of IRDA Act, 1999 lays down the duties, powers and
functions of IRDA
(1) Subject to the provisions of this Act and any other law for the time being
in force, the Authority shall have the duty to regulate, promote and ensure
orderly growth of the insurance business and re-insurance business.
(d) Specifying the code of conduct for surveyors and loss assessors;
(g) Levying fees and other charges for carrying out the purposes of this Act;
(i) Control and regulation of the rates, advantages, terms and conditions that
may be offered by insurers in respect of general insurance business not so
controlled and regulated by the Tariff Advisory Committee under section 64U
of the Insurance Act, 1938 (4 of 1938);
(j) Specifying the form and manner in which books of account shall be
maintained and statement of accounts shall be rendered by insurers and other
insurance intermediaries;
(p) Specifying the percentage of life insurance business and general insurance
business to be undertaken by the insurer in the rural or social sector; and
CHAPTER -2
2.1) Introduction:
At the industry level, along with the Government and the GIC, it has
helped establish the National Insurance Academy. It presently transacts
individual life insurance businesses, group insurance businesses, social
security schemes and pensions, grants housing loans through its subsidiary;
and markets savings and investment products through its mutual fund. It pays
off about Rs 6,000 crore annually to 5.6 million policyholders.
2.2) History:
The Oriental Life Insurance Company, the first corporate entity in India
offering life insurance coverage, was established in Calcutta in 1818 by Bipin
Behari Dasgupta and others. Europeans in India were its primary target
market, and it charged Indians heftier premiums. The Bombay Mutual Life
Assurance Society, formed in 1870, was the first native insurance provider.
Other insurance companies established in the pre-independence era included
The first 150 years were marked mostly by turbulent economic conditions.
It witnessed, India's First War of Independence, adverse effects of the World
War I and World War II on the economy, and in between them the period of
worldwide economic crises triggered by the Great depression. The first half of
the 20th century also saw a heightened struggle for India’s. The aggregate
effect of these events led to a high rate of bankruptcies and liquidation of life
insurance companies in India. This had adversely affected the faith of the
general public in the utility of obtaining life cover.
The Life Insurance Act and the Provident Fund Act were passed in 1912,
providing the first regulatory mechanisms in the Life Insurance industry. The
Indian Insurance Companies Act of 1928 authorized the government to obtain
statistical information from companies operating in both life and non-life
insurance areas. The subsequent Insurance Act of 1938 brought stricter state
control over an industry that had seen several financially unsound ventures
fail. A bill was also introduced in the Legislative Assembly in 1944 to
nationalize the insurance industry.
CHAPTER – 3
CLAIMS IN INSURANCE
3.1) Introduction:
When claims are filed, the insured has to observe the settled rules and
procedures and the insurer has also to reciprocate in a similar manner by
undertaking appropriate steps for speedy disposal of claims. It is true that
claims settlement is complex in nature, but it is the driving force to plant
confidence in the hearts of people, in general and beneficiaries in specific.
Insurance claim is a right of insured under a contract of insurance. Insurance
contract is a contract by which one party called the insurer promises to save
the other party, the insured on payment of consideration known as the
premium. The insurer promises to save the insured are nominees/assignees of
the insured on happening of event or risk insured. Disputes crop up in the
payment of claim when the insurer and the insured understand the process of
claims payment in a different way. Claims settlement is an integral part of the
insurance business which is a service industry and its growth is interwoven
with the people, the customers and consumers of service. It is inevitable for
the insurance company to protect and guard the interests of the policyholders.
An insurance claim is the only way to officially apply for benefits under an
insurance policy, but until the insurance company has assessed the situation it
will remain only a claim, not a pay-out.
3.2) Definition:
Maturity claims
Beneficiaries in claims:
The claimant in life insurance policies at the time of payment of maturity
claims of life insurance policies can be the policyholder or the assignee to
which the holder of the policy has transferred the policy. The persons entitled
to claim under these policies can be:
The creditor who has been properly assigned and nominated to receive
the payment under the policy.
Amount payable:
The amount payable upon the maturity of the policy, i.e., non-
happening of the event is the sum assured plus profits and bonus that accrues
with the policy. The profits are paid on pro-rata basis, i.e., in the proportion of
the premium paid and declared are bonuses. The payment of profits is a
condition inserted as a clause in the policy itself and it becomes an obligation
on the insurer to pay the amount of such profit as may be accrued to the
insured.
Death claims
Beneficiaries in claims:
The claimants or the beneficiaries under the life insurance policies, paid on
the happening of the events which is death of the assured, are as follows:
The wife and children of the assured under the Married Women’s
property Act
Amount payable:
Amounts that can be paid under a life insurance policy are as follows:
The general requirements for each of these claims are briefly explained
below.
A. Death Claims:
This is a claim paid when then the person insured dies. For a death claim
to be paid the following basic conditions must be fulfilled.
The policy document, original death certificate, burial permit copy of
the ID of the deceased must be provided to the insurance company.
A report from the doctor who treated the deceased must be presented to
the insurance company.
A report from the doctor who last treated the deceased person may be
required.
B. Maturity Claims:
A maturity claim is paid out mostly on endowment and education
insurance policies whose duration has expired. For example in an insurance
policy with duration of 15 years, the maturity value will be paid on the 15 th
anniversary after affecting the policy. Payment of a maturity claim is a
straightforward affair where the customer returns the original policy
document and signs a discharge form. The claim cheque is usually released in
a period of about two weeks once all required conditions are fulfilled.
customer returns the policy document and signs a discharge form. The claim
cheque is then paid to the customer within two weeks.
E. Policy Loans:
This is strictly not a claim but a benefit given out by life companies for
life policies that have been in force for at least three years. To receive a policy
loan directly from a life company entails assigning the policy to the life
company and receiving a loan cheque. The insurance policy can also be
assigned to a bank and the loan is then granted by the banks and the policy
document utilized as security for the loan.
F. Disability Claims:
This will arise in life policies where the customer purchases a personal
accident policy rider as an additional benefit. Disability claims are payable
subject to sufficient medical evidence being provided as proof of disablement.
adverse selection (very poor risks) and those parties who may have fraudulent
intent.
Life insurance companies each have their own extensive policy and
procedure manuals they are supposed to follow in determining whether or not
to issue an Individual Life insurance policy, and in pricing that policy. The
insurer's underwriters typically use a combination of factors that experience
shows equates with the risk of death (and premature death).
(1) Age, sex (except in several states that require "uni-sex" rates,
(2) Height, weight, and health history (and often family health history --
parents and siblings),
(5) The amount of insurance the applicant already has, and any additional
insurance s/he proposes to buy
(6) Occupation (some are hazardous, and increase the risk of death), and
income (to help determine suitability),
claims handling process, insurers must also focus on the effectiveness of their
claims decisions.
Claims management means and includes all the managerial decisions and
processes concerning the settlement and payment of claims in accordance
with the terms of insurance contract. It includes carrying out the entire claims
process with a particular emphasis on monitoring and lowering the claims
costs. The important elements of claims management are claims preparation,
claims philosophy, claims processing and claims settlement.
The claims process includes the basic claims procedure and handling of
claims. The handling of claims includes the monitoring of situation or events,
which cause the loss to the insured subject matter and give a cause to the
insured to make a claim. The claims process contains two fold procedures to
be followed by the insurer and insured. From the point of view of the insured,
The claims handling is the integrated part of the claims management and
executes the decisions made by the claims management machinery of an
insurance company. Though claims management and claims handling are
generally the same externally, they are different in nature.
Claims management:
Claims handling:
CHAPTER – 4
4.1) Introduction:
To monitor the claims and see that whether the benefits of insurance
exceed the costs of claims. This role is referred to as the cost-
monitoring role of the claims department.
To see that the expectations of the customers are met with regard to
speed, manner and efficiency of the service. This is called the customer
service role of the claims department.
Both the quality of the service and cost of claims is the responsibility of
the claims department. The department has to look after the proper mix of the
two. The cost of claims must not exceed a given level in trying to render a
very good service to the customer. So the claims department should work
with due diligence to balance the two parameters. The estimation of future
liabilities is just as important as control over the claim payments. As the
claims department is in direct touch with the customer, it has to ensure the
quality of service.
2) Forms and documents used in the grant of cover may, depending upon
the circumstances of each case, be made available in languages
recognized under the Constitution of India.
4) Where a proposal form is not used, the insurer shall record the
information obtained orally or in writing, and confirm it within a period
d) the benefits payable and the contingencies upon which these are
payable and the other terms and conditions of the insurance
contract;
e) the details of the riders attaching to the main policy;
f) the date of commencement of risk and the date of maturity or
date(s) on which the benefits are payable;
g) the premiums payable, periodicity of payment, grace period
allowed for payment of the premium, the date the last instalment
of premium, the implication of discontinuing the payment of an
instalment(s) of premium and also the provisions of a guaranteed
surrender value.
h) the age at entry and whether the same has been admitted;
i) the policy requirements for (a) conversion of the policy into paid
up policy, (b) surrender (c) non-forfeiture and (d) revival of
lapsed policies;
j) contingencies excluded from the scope of the cover, both in
respect of the main policy and the riders;
k) the provisions for nomination, assignment, and loans on security
of the policy and a statement that the rate of interest payable on
such loan amount shall be as prescribed by the insurer at the time
of taking the loan;
l) any special clauses or conditions, such as, first pregnancy clause,
suicide clause etc.; and
m) the address of the insurer to which all communications in respect
of the policy shall be sent.
CHAPTER – 5
SETTLEMENT OF CLAIMS
One party with a claim against another will frequently settle that claim
by contract, sometimes as the result of negotiation without litigation,
sometimes as a result of negotiation during litigation, including after
judgment or appeal, or sometimes as the result of mediation. The claims
come in all varieties, including breach of contract, tort, restitution, property,
or violation of a statute. Some claims are disputed, others undisputed. For
example, a tort claim for personal injury as a result of an automobile accident
is disputed if the alleged tortfeasor denies that she was negligent. A claim for
breach of contract is disputed if the alleged breaching party denies formation
of a contract, or denies failing to perform, or asserts discharge of contractual
duties for any of a variety of reasons. A statutory claim for damages is
disputed if the alleged wrongdoer denies that its conduct falls within the
scope of the statute. Of course many claims are undisputed. A contract claim
Like any contract, a contract that settles a claim requires mutual assent and
a consideration (or consideration substitute). In addition, one must pay
attention to the form of the settlement contract to determine the nature of
remedies in the event one of the parties breaches the settlement contract.
The cause of loss or the event should be directly related to the loss. A
remote cause has no place in the settlement.
The loss should not have been caused with an intention to gain from the
situation.
Multiple claims and reciprocal claims will be settled as per the terms of
the contract of insurance.
Right to appeal or file a petition with the tribunal or the courts cannot
be withdrawn. If the terms of the policy insist upon arbitration, it is not
the end of justice for the insurer or the assured.
Pay the claims as reported by the surveyor or the claims made by the
insurer whichever is less.
If two or more persons are injured or killed in one accident, the owner,
bailee of an owner, or personal representative of a decedent may settle and
pay any bona fide claims for damages arising out of personal injuries or
death, whether reduced by judgment or not, and the payments shall diminish,
to the extent of those payments, the person’s total liability on account of the
accident. Payments aggregating the full sum of thirty thousand dollars
($30,000) shall extinguish all liability of the owner, bailee of an owner, or
personal representative of a decedent for death or personal injury arising out
of the accident that exists pursuant to this chapter, and did not arise through
the negligent or wrongful act or omission of the owner, bailee of an owner, or
Under LIC, claims can arise on maturity of policy of the policyholder. The
processing of claims by maturity is normally undertaken by Divisional Office
of LIC about two months before the date of maturity. . The LIC sends
intimation before the maturity date. If the notice of maturity is not received
and the date of maturity is known to the policyholder, then the policyholder
can take the necessary steps to get the due Maturity amount. The Corporation
sends Maturity Intimation along with the discharge forms to the policyholder
informing him about the requirements for the settlement of claim.
2) Policy Document (if not in the custody of LIC as security for loan):
On receipt of the maturity intimation, the policyholder should
send the original policy document along with the last receipt of
insurance premium paid. The policy document needs to be submitted in
original unless it is in custody of LIC as security for loan.
3) Age proof document (if age has not been admitted earlier):
The policyholder should also submit his age proof to the
Corporation in case it has not already been submitted. In case, the
policyholder has already submitted his age proof to LIC, the form of
Discharge (Form No. 3825) to be executed by the policyholder, is also
sent along with the Maturity Intimation.
8) In due course, LIC sends a cheque to the policyholder for the money
due to him as per the terms of the policy.
LIC upon the receipt of the claim form will act in the following
manner:
LIC will send an acknowledgement to the effect that the claim form has
been received and the aforesaid document will also state that the insurer
is in the process of checking all the necessary items and will get back to
the claimant shortly.
Then the insurer will ask for necessary documents that are required for
settlement of claims. The claimant has to provide all the necessary
documents that are being asked by the insurer.
After verification, the insurer arrives at the final amount that has to be
paid to the claimant and then prepares a cheque or such mode of
payment as has been agreed upon in the policy or between the claimant
and the insured.
1) Intimation of death:
The first requirement of the Corporation in the case of death claim is that
an "intimation of death"’ should be sent to the branch office of the LIC from
where the policy was issued.
The intimation needs to be sent by the person who is entitled to get the
proceeds of the policy. It may be:
i. the nominee or
ii. the assignee of the policy or
iii. the deceased policyholder’s nearest relative.
Soon after the receipt of the intimation of the death, the branch office
sends the necessary claim forms along with instructions regarding the
procedure to be followed by the claimant.
The claimant should submit age proof of the policyholder to LIC in case it
has not already been submitted.
4) Certificate of Ownership:
After completing all the above formalities, the insurance company issues a
discharge form for completion, which is to be signed by the person entitled to
receive policy money. That is, it should be signed by:
In due course, LIC sends the cheque for the amount due to the person
entitled to receive the same.
If death occurs in less than three years from the date of the policy,
following requirements must be complied with:
i. Policy Document
ii. Discharge Form 3801
iii. Assignment / Re-assignment Deed, if any
iv. Age Proof Document (if age has not been admitted earlier)
v. Certificate of treatment issued by the hospital authorities where the
deceased policyholder was treated last, on Claim Form ‘B1’ (F No.
3816)
vi. Certificate by the employer if the deceased was an employee, on the
Claim Form ‘E’ (F No. 3787 revised)
vii. Certificate of Death
viii. Legal Evidence of Title (if policy is not assigned / nominated)
ix. Claim Form ‘A’ (F No. 3783)
x. Statement from the Doctor who attended last the deceased
policyholder, on Claim Form ‘B’ (Form No. 3784 revised)
xi. Certificate of Identity and burial by a person who attended the funeral
on Claim Form ‘C’ (F No. 3785 revised)
If death occurs exactly or after 3 years from the date of the policy the
following requirements must be complied with:
i. Policy Document
ii. Discharge Form 3801
iii. Legal Evidence of Title
iv. Death Certificate
v. Claim Form No. 3783A
vi. Assignment / Re-assignment Deed, if any (if policy not assigned
/nominated)
vii. Age Proof Document (if age has not been admitted earlier)
Ex-gratia Settlement of Death Claims are not a right claim but on grounds
of humanity presently LIC is giving such claim amount for the policies which
are not in force but
If Death occurred after the expiry of grace period of premium due date
then Full Sum Assured along with the bonus will be payable as Ex-
gratia settlement
If Death occurred after three months but less than six months after the
expiry of first unpaid premium date half of the Sum Assured without
bonus will be paid as Ex-gratia
If the death occurred between six months and one year from the due date
of the first unpaid premium date, claim may be considered to the extent of the
proportionate notional paid-up value on the basis of actual premium paid.
The time value for the settlement of a claim is of importance. All claim
papers have to be submitted within a limited period mentioned in the policy
document or otherwise stated in the Act. In some cases, the death of a person
or the accident of vehicle has to be intimated immediately either orally or in
person, either by the policyholder or the claimant or by the representative of
the claimant.
The delay in the claims settlement will have an adverse impact on the
goodwill and marketing of the insurance.
The insurer may be asked to pay the interest on the unpaid insurance
amount because of the delay. The court may direct the insurer to pay
the costs of the case to the assured, which results in mounting up of
costs.
The delay also leads to the increasing number of cases with consumer
protection councils.
Thus the delay in the settlement of the claims will have an impact on the
present and future business of the insurance along with the cost burden. As
such it is essential to have quicker claim settlements.
1. Late submission of claim form: The claim forms may be submitted late
because of the ignorance or lack of knowledge of the existence of the
insurance policies against the lives of the persons who face the event or
no information is given to the beneficiaries or no nominations are made
to the policy.
3. Not submitting the claims forms in full: If the claim forms are not
properly filled, they will fail to provide the required information to
settle the claims and as a result the claim settlement will be delayed for
want of information.
The insurer may not get the cooperation of the insured or the claimant
to finalize the claim or arrive at some compromise.
The delay on the part of the insurer may be intentional or due to the
pressure of work.
Intent to deceive
3. Make sure you receive a written policy after payment of your first
premium.
8. Insist on detailed bills for repairs and medical services rendered and
check for accuracy.
CHAPTER – 6
ROLE OF AGENTS, SURVEYORS AND
ASSESSORS IN CLAIM SETTLEMENT
help of middlemen to undertake the promotion such on its behalf and the
agents are middlemen or intermediaries. Section 40 of Insurance Act 1938
authorizes the payment of the remuneration to the agents for the services.
Section 42 of the Act enumerates the essential qualifications for their
appointment and issuing of licenses. The appointment of agents to procure
policies of insurance is a general practice among insurance companies all over
the world. The agents are allowed to market the insurance business but not
allowed to issue the policies. The agent has no right to conclude the insurance
contract and the final approval or rejection of contract proposal is vested with
the insurer, the principal. But, in promoting the insurance business, the agent
binds the principal to all activities such as receipt of premium, enquiries and
publishing of information of the insurance contracts and products.
The agent is bound by duty and responsibility to convey the message to the
insurer. But, giving the information to the agent does not bind the insurer as
the agent is appointed only to promote the insurance business. In times of
disputes, the agent is under an obligation to settle the issue of claims by way
of negotiations and mediations to retain the customer.
Insurance users pay their premiums, year after year, trusting their policies
to protect their lives or businesses in the event of a loss. However, there are
innumerable instances where a genuine insurance user with a genuine loss and
a seemingly valid claim, has been denied his claim amount – in full or part.
This happens because the insurance company is not able to estimate the total
amount of the claims. In life insurance claims the insurance company tries to
reject the claims without knowing the cause of the death or loss of the person.
Surveyors and Loss Assessors have been around for decades - we have all
heard of them and some of us have had occasion to use their services – but it
is quite surprising how little is actually known and understood about them –
their job, their duties & responsibilities, their role vis-à-vis insurers and
insured’s, and the insured’s rights and duties vis-à-vis surveyors and
assessors. This is because they never come in the lime light but the main work
of assessment and survey of loss is done by them.
CHAPTER – 7
CASE STUDY
Being the nominee in the policy, she asked for her claim for an amount
of Rs 40,000 (under double benefit provision in accident cases) and made an
application to the Akola Branch Manager of LIC. The senior manager of LIC
(Amravati Division) however refused to settle the claim vide his letter dated
August 4, 1994. As the policy was a non-medical one, the reason given by the
official for not settling the claim was also a bogus one, she alleged. Sunanda
then wrote to the area manager of LIC, Mumbai, justifying her claim. The
Mumbai office too (vide letter dated April 20, 1995) refused to settle the
claim, Kanthale added.
Defending the stand taken by the company, the LIC refuted all the
allegations made by Sunanda. Manoharrao, who held the policy, had kept the
information about his health a secret while purchasing the instrument, the
company alleged.
CHAPTER – 8
CONCLUSION
BIBLIOGRAPHY
The information is taken from various sources such as books, magazines,
articles, internet etc.
Books:
WEBLIOGRAPHY
www.insuremagic.com
www.licindia.com
www.icicprulife.com
www.insurancewatch.com
www.insuranceonline.com
Search engines:
www.google.com
www.ask.com