phases of development of insurance

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    Phases of Development of

    Insurance

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    Introduction

    Insurance is a contract whereby, in return forthe payment of premium by the insured, the

    insurers pay the financial losses suffered by

    the insured as a result of the occurrence of

    unforeseen events.

    The term Risk is used to describe all the

    accidental happenings which produce amonetary loss.

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    Indian Insurance Sector The Britishers opened general insurance in India

    around 1700

    The first company known as the Sun Insurance

    Office Ltd was set up in Calcutta.

    In 1972, general insurance business wasnationalized by the GOI.

    Insurance penetration in India is 4.6% in case oflife insurance and 0.61% in general insurance.

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    Insurance Act, 1938 The act was bought in force on July 1st, 1939. The act was wide and more comprehensive.

    It applies to all insurance businesses

    This act prohibits persons to carry insurancebusiness until he is:A public company.

    A society registered under the Cooperatives Act,1912.

    A body corporate incorporated under the lay of anycountry outside India not being the nature of privatecompany.

    Registration with RBI along with maintenance ofSubstantial deposit

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    Continued

    The law also emphasizes on issues like: Restriction of commission and prohibition of

    rebating

    Limitation of expenditure on commission

    Licensing of Insurance Agent

    Investments

    Right to investigate

    Prohibition of Loan

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    Role of Insurance Risk is an uncertainty concerning the occurrence of a

    loss

    In insurance industry risk is defined to identify theproperty or life being insured

    Risk Control Risk avoidance

    Risk reduction

    Risk Financing

    Risk retention

    Risk Transfer

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    Principles of Insurance

    Utmost good faith

    Insurable interest

    Indemnity

    Subrogation

    Contribution

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    Utmost Good Faith

    Uberrima fides is a Latin phrase meaning "utmost

    good faith .This means that all parties to an

    insurance contract must deal in good faith, making

    a full declaration of all material facts in theinsurance proposal

    Good faith- Let the buyer beware

    Declaration of all material Information about the

    subject mater of insurance

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    Material Information is that information which enables

    the insurer to decide:a) whether he will accept the risk and;

    b) if so, at what rate of premium and subject to what terms and

    conditions

    Breach of duty of utmost good faith arises in twoways:

    Non-disclosure of material facts- oversight, proposer thought its

    not essential etc.

    Misrepresentation- Intentional.

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    Examples

    Shriram applied for life insurance and states in the

    application that he has not visited a doctor within the

    last five years

    However, six months earlier he had surgery for lung

    cancer. So, the statement made by him is false,

    material and relied on by the insurer

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    Insurable Interest The legal right enjoyed by the owner of a property to

    insure is called Insurable Interest. The insurance

    will become null and void, without the insurable

    interest.

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    Can everything be insured?

    It Must be capable of financial measurement

    There must be large number of similar risks

    The person applying for insurance must be

    having insurable interest in the subject matter of

    insurance

    Existence of insurable interest is an essential

    ingredient of any insurance contract

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    Continued Legal right to insure arising out of a financial

    relationship (recognised under law), between the

    insured and the subject matter of insurance.

    There must be certain property, right, interest or life

    capable of being insured. That property/right/interest etc. must be the subject

    matter of insurance.

    The insured must be having benefits from the safety

    or well being of the subject matter and would besuffering by its loss or damage.

    The relationship between the insured and subject

    matter of insurance must be recognised at law.

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    Continued

    Subject matter of insurance In case of fire policy building, stock etc.

    In case of life assurance human life

    In marine insurance ship or its cargo

    In case of Life Insurance-

    Unlimited insurable interest in own life

    Unlimited insurable interest in the life of spouse

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    Indemnity

    The principle of Indemnity states that under the policy ofinsurance, the insured has to be placed after the loss in

    the same financial position in which he was immediately

    before the loss.

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    Continued

    Applicability:o When the losses suffered by the insured can be measured in

    terms of moneyo It is practicable to place the insured in the same financial

    position which he occupied before the loss

    If the sum insured is less than the indemnity, only the suminsured is payable.

    Property insurances- Condition of average- If there isunder insurance only proportionate value is payable.

    Exceptions for Indemnity: Personal Accident

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    Subrogation

    Transfer of rights and remedies from the insuredto the insurer who has indemnified the insured in

    respect of the loss.

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    Example

    Mr. House Owner has his house worth Rs.5 lacsinsured with M/s. Fire Insurer.

    Assume that the house is totally destroyed by fire

    due to the faulty wiring by Mr. Contractor.

    Fire Insurer has to pay to House Owner Rs.5

    lacs.

    Fire Insurer can exercise its subrogation rights

    against Contractor, after fully indemnifying HouseOwner.

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    Contribution

    The right of insurers who have paid a loss undera policy to recover a proportionate amount from

    other insurers, who are liable for the same loss.

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    Management of Insurance

    Companies

    Agents General Agents

    Career Agents

    Brokers

    Corporate agents

    Bancassurance