Professional Documents
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Submitted to
CERTIFICATE
I, Nadirshaw K. Dhondy, Advocate Supreme Court, have examined the thesis of Ms. Shilpa Jain who is enrolled at Welingkar Institute of Management, Mumbai in the MBA course. She has completed the thesis entitled Insurance is a business of risk but, not a risky business in part completion of the final examinations. She has been rated to receive ______ marks out of forty (40). Dated________day of ______2013
Signed
Signed
Shilpa Jain
Nadirshaw K.Dhondy
ACKNOWLEDGEMENTS
This project is not a result of an individual effort but is a product of collective wisdom and experience of all those who have shared their views, far beyond those found within the covers of the book. Though words are seldom sufficient to express gratitude, it somehow gives me an opportunity to acknowledge those who have helped me with this thesis titled Insurance is a business of risk but, not a risky business, thus at the onset I would like to thank all those helping hands. With a deep sense of gratitude my thanks to the senior advisor, Dr.Y.A.Awte. It is my great privilege and a unique experience to study in Welingkar Institute of Management Mumbai led by him. Prof. V.H.Iyer , the Dean of Welingkar Institute of Management Mumbai. I owe a deep sense of gratitude to Mr. Nadirshaw K. Dhondy Supreme Court Advocate, my teacher and guide who provided me with an overwhelming opportunity to work in an area where I could gain more knowledge. I also take this opportunity to thank Advocate Dilip Bhave , a friend and guide for his guidance and support. I can never measure the contribution of my family, whose blessings, love, perpetual support and encouragement has made me what I am. Lastly I am grateful to almighty for giving me an opportunity to showcase my practical effort in the work led by many.
PROLOGUE
Generally speaking, the business of insurance is a business of risk. People buy insurance so as to protect themselves from the costs of a catastrophically expensive possibility. By a simple interpretation, insurance is a measure of risk management in our day-to-day life against the possibilities of risks and uncertainties. Risk and uncertainty are incidental to life. Man may meet an untimely death. He may suffer from accident, destruction of property, fire, sea perils, floods, earthquakes and other natural calamities. Whenever there is uncertainty, and there is risk as well as insecurity. It is to provide against risk and insecurity that insurance came into being. Insurance does not avert or eliminate loss arising from uncertain events. Insurance principle operates on the Law of Large Numbers and the Law of Averages (Lex Numerorum Multorum Et Principiae Medianae Propabilitatis) An insurance company mitigates, eliminates and reduces risk by two methods: A. Internal Hedging through a. Appropriate portfolio construction and timely revision. b. Averaging portfolio volumes and mix by establishing statistical independence of risks, convergence, co-relationships, portfolio synchronization between insurance and investments. B. External hedging through a. Coinsurance b. Homogenization/ Mutualisation. C. Reinsurance Insurance is thus a co-operative device to spread the loss caused by a risk (which is covered by insurance) over a large number of persons who are also exposed to the same risk and insure themselves against that risk. Risk can be defined as calculated uncertainty. Any risk that can be quantified can potentially be insured. Specific kinds of risk that may give rise to claims are known as "perils". An insurance policy will set out in detail which perils are
covered by the policy and which is not. An insurer is a company which accepts your risk after charging a premium. The insurance rate is a factor used to determine the amount, called the premium, to be charged for a certain amount of insurance coverage. The essence of the insurance business is the risk by undertaking to indemnify the insured against loss or damage. They agree to pay the damages out of any accident by taking a chance that no accident might happen. Motivation of the insurance business is that the premium would turn to be the profit of the business incase no damage occurs. Such business of the insurance company can be carried on only with the premium paid by the insured person on the insurance policy. The only profit, if at all the insurance company makes, of the insurance of the insurance business is the premium paid when no loss or damage occurs. But to ask the insurance company to bear the entire loss or damage of somebody else without the company receiving a rupee towards premium is contrary to principles of equity.1
18. National Insurance Company Ltd. v. Sujir Ganesh Nayak and Company, AIR1997 SC 2049. 19. Vania Silk Mills (P) Ltd. v. CIT (1991) 4 SCC 22. 20. Castellan v. Preston (1881) All ER 494. 21. Union of India v Sri Sarada Mills Ltd., 1972 (2) SCC 877. 22. Vasudeva Mudaliar v Caledonian Insurance Co. & Anr. AIR 1965 Madras 159. 23. Oberai Forwarding Agency v New India Assurance Co. Ltd. & Anr. 2002 (2) SCC407. 24. Stanley V. Western Insurance Company (1868) L.R. 371. 25. New India Assurance Company Ltd. v. B. N. Sainani (1997) 6 SCC 383. 26. Seagrave v Union Insurance Co. Ltd., (1886) LR 1 CP 305. 27. Anctil v. Manufacturer's Life Insurance Company, (1899) AC 604 (PC). 28. Tomlison (Haullers) Ltd. V Hoplurane, 1966 (1) AC. 418. 29. Griffith v. Fleming, (1909) 1 K.B. 805. 30. Life Insurance Corporation of India v. Raja Vasireddi Komalavalli Kamba andOthers, 1984, SC. 31. New India Assurance Company. Limited. v. Ram Dayal & Others, (1990) 2 SCC680. 32. National Insurance Company. Limited. v. Jikubhai Nathuji Dabhi (Smt) andOthers., 1997(1) SCC 66. 33. National Insurance Company Limited. v. Mrs. Chinto Devi & Others, 2000, SC. A. 34. National Insurance Co. V. Seema Malhotra (2001) 3 SCC 151
Better utilization of the capital of the firms: as the Insurance Company's takeover the risk, it enables the business firm to invest and optimally utilize its capital. Thus, the aim of insurance is to compensate the owner against the losses arising from a variety of risks which he anticipates to his life, property and business. It is a means of pooling of risks, under which a group of people who are subject to an insurable risk contribute regularly to a fund. The fund so created is utilized to compensate those members of the group who actually suffer a loss due to some unexpected calamity. Thus the loss of a few is shared by all the members on an equitable basis.
each other out. If they go up and down together, they do not cancel out. For example, it is less risky to provide accident insurance for 100 people traveling on 100 different boats than for 100 people traveling on the same boat. Health care risks for individuals are generally independent, although contagious diseases or widespread disasters can change that. This is one reason why many life and property insurance policies exclude losses from catastrophic events such as war.
REGULATORY AUTHORITIES
There are 4 regulatory authorities which oversee different functioning of the insurance companies in India and provide guidelines to them. These include: Insurance Regulatory and Development Authority (IRDA) Tariff Advisory Committee
Ombudsmen
Ombudsmen play important role in regulating and ensuring smooth functions of the insurance companies. They are appointed to address all complaints relating to settlements of claims. Anyone having a grievance against an insurance company can approach Ombudsmen for redressal.
TYPES OF INSURANCE
Insurance is mainly protection against future loss. It can be better described as promise of reimbursement in any case of loss. Insurances are paid to people or companies by the insurance company against any kind of hazards or calamities. There are some major types of insurances that include- Health Insurance, Life Insurance, Disability Insurances, Casualty Insurances, Property Insurance, Liability Insurance and Credit Insurance. These days a new concept of terrorism insurance has come up. Terrorism insurance is insurance purchased by property owners to cover their potential losses and liabilities that might occur due to terrorist activities.
1. Good Faith
A contract of insurance is a contract uberrimea fidei i.e. a contract of utmost good faith. This is a fundamental principle of insurance law. Both the parties to the contract are required to observe utmost good faith and should disclose every material fact known to them. There is no difference between a contract of insurance and any other contract except that in a contract of insurance there2 is a requirement of utmost good faith. The burden of proof to show non-disclosure or 3misrepresentation is on the insurance company and the
2 3
General Assurance Society Ltd. v. Chandumull Jain AIR 1966 SC 1644. Life Insurance Corporation of India v. Smt. G.M.Channabasamma (1991) 1 SCC 357.
onus is a heavy one4. The duty of good faith is of a continuing nature in as much no material alteration can be made to the terms of the 5contract without the mutual consent of the parties. Just as the assured has a duty to disclose all6 the material facts, the insurer is also under an obligation to do the same. The insurer cannot7 subsequently demand additional premium nor can he escape liability by contending that the situation does not warrant the insurance cover.8 The Insurance Act lays down that an insurance policy cannot be called in question two years after it has been in force for two years. This was done to obviate the hardships of the insured when the insurance company tried to avoid a policy, which has been in force for a long time, on the ground of misrepresentation. However, this provision is not applicable when the statement was made fraudulently. The Marine Insurance Act, 1963 (Marine Insurance Act) lays down that the insured must disclose all the material facts before t he contract is concluded. The disclosures by the assured or by his agent should be true. The insured is deemed to know every circumstance, which in the ordinary course of business, ought to be known by him. The insurer may avoid the contract if the assured fails to make such disclosure or if the representation made is untrue. However, circumstances which diminish the risk, or which are presumed to be known by the insurer or information which is waived by the insurer or any circumstance which is superfluous to disclose by reason of any express or implied warranty need not be disclosed, in absence of any enquiry. In India the post contractual duty of good faith is very strict. The situation, though, has changed in9 England through a recent decision of the House of Lords. The decision in the Star Sea Case lays down that the duty of good faith in insurance contracts continues after the inception of the policy, but the duty is far less strict than it was prior to the commencement of the contract. This is
4 5
Life Insurance Corporation of India v. Parvathavardhini Ammal AIR 1965 Mad 357. United India Insurance co. Ltd v. M.K.J Corpn. (1996) 6 SCC 428. 6 Section 21(a) of the Indian Marine Insurance Act, 1906. 7 Hanil Era Textiles Ltd. v. Oriental Insurance Co. Ltd. (2001) 1 SCC 269. 8 United India Insurance Co ltd. v. M.K.J. Corporation (1996) 6 SCC 428. 9 [2001] 4 Lloyd's Rep IR 247.
because it would enable the insurers to avoid the whole policy ab initio for a post-contractual breach, which had no effect when the policy was drawn initially. However, this position has yet to be accepted by the Indian courts.
2. Misrepresentation
Representations are statements, made by one part y to the other, either prior to or while entering into an insurance contract, of some matter or circumstances relating t o it and which is not an10 integral part of the contract. These statements are said to have fulfilled their obligations when the11 final acceptance on the policy is conveyed. A mere recital of representations made at the time of entering into the contact wills not make then 12warranties. However, if representations are made an integral part of the contract they become warranties, and, in case of their being untrue, the policy can be avoided, even if the loss does not arise from the fact concealed or misrepresented. A policy of life insurance cannot be called in question on the ground of misrepresentation after a period of two years from the commencement of the policy. In dealing with representations as circumstances invalidating a contract, consideration should be paid as to whether such representations are willful or innocent and whether they are preliminary or for part of the contract. The Insurance Act lays down three conditions to establish that the misrepresentation was willful; (a) the statement must be on a material matter or must suppress facts which it was material to disclose; (b) the suppression must be fraudulently made by the policy holder; and (c) the policyholder must have known at the time of making the statement that it was false or that it suppressed facts which it was material to disclose. The burden of proof of establishing13 that the insured had in fact suppressed material facts in obtaining insurance is on the insurer and14 all the aforesaid conditions are required to be proved cumulatively. In determining whether there has been suppression of a material fact it is necessary to examine whether the suppression relates to a fact which is in the exclusive knowledge of the person
10 11
Behn v. Burness, (1863) 3 B&S 751 Pawson v. Watson, (1778) 98 ER 1361. 12 Wheelton v. Haristy, (1857) 8 E and B 232. 13 Life Insurance Corporation v. Smt. G.M. Channabasemma, AIR 1991 SC 392 14 Life Insurance Corporation v Smt. B. Kusuma T. Rao; (1991) 70 Comp Cas 86.
intending to take the policy and also that it could not be ascertained by reasonable enquiry by a prudent15 person.
3. Warranties
A warranty may be distinguished from a representation in as much a representation maybe equitably and substantially answered but a warrant y must be strictly complied with. A breach of warranty will avoid the policy, although it may not relate to a matter material to the risk insured. Warranties may be expressed or implied, if it is condition implied by law. However, implied warranties are mostly confined t o marine insurance. The Marine Insurance Act defines a warranty as a promise whereby the assured under takes that some particular thing shall or shall not be done, or that some condition shall be fulfilled, or affirms or negatives the existence of a particular state of facts.16The statements must be true in fact without any qualification of judgment, opinion or belief. The warranty should be in the policy or must be incorporated by reference. If any of the statements or representations made by the assured in the proposal have been made the basis of the contract and they are found to be untrue, the contract of insurance would be void and unenforceable in law,17irrespective of the question whether the statement, concerned is of a material nature or not. However, non-compliance of a warranty is excused when, by reason of a change of circumstances, the warranty ceases to be applicable to the circumstances of the contract, or when compliance with18 the warranty is rendered unlawful by any subsequent law or when such a warranty has not been19 mentioned in the policy.
4. Conditions
Conditions are terms which prescribe the limitations under which an insurance policy is granted and which specify the duties of the assured. They can be either conditions precedent or subsequent.20 Conditions precedents are those,
15 16
Life Insurance Corporation v. Smt. G.M. Channabasemma, AIR 1991 SC 392. New Castle Fire Insurance Company v. Mac Morram and Co., (1815) 3 ER 1057. 17 Balkrishna v. New Indian Assurance Company, AIR 1959 Pat 102. 18 Section 36 of The Marine Insurance Act, 1963 19 United India Insurance Company Ltd. v. M.K.J. Corporation, (1996) 6 SCC 428 20 Barnard v. Faber, (1983) 1 Q.B. 340.
which are essential for the creation of a valid contract, the non- satisfaction of which makes the contract void ab initio.21 Conditions subsequent relate to the continuance of a valid contract, the non-fulfillment of which leads to the avoidance of the contract22 from the date of the breach. They can be further classified into express conditions and implied conditions. Implied conditions are those, which are implied by law to apply t o every contract of insurance irrespective of any specific inclusion or reference to them such as insurable interest, good faith etc. A condition, which seeks to reduce or curtail the period of limitation and prescribes a shorter period than that prescribed by law23 is void. However, the insured is absolved once it is shown that he has done everything in his power to24 keep, honor and fulfill the promise and he himself is not guilty of a deliberate breach. An insurer cannot take recourse to a condition, which has not been mentioned in the policy to reduce his liability.25 However, an insurance policy may not curtail the right but may merely provide for forfeiture26 or waiver of any such right and such a right would be enforceable against either party.
21 22
Svenska Handelsbanken vs. M/s. Indian Charge Chrome and others, 1993 SC. Glen v. Lewis (1853) 8 Exch. 607. 23 Section 28 of the Indian Contract Act, 1872. 24 Skandia Insurance Company Ltd. v. Kokilaben Chandravadan, (1987) 2 SCC 654. 25 Modern Insulators Ltd. v. Oriental Insurance Company Ltd. (2000) 2 SCC 1014. 26 National Insurance Company Ltd. v. Sujir Ganesh Nayak and Company, AIR 1997 SC 2049. 27 Vania Silk Mills (P) Ltd. v. CIT (1991) 4 SCC 22.
1. Injury or loss sustained by the insured has to be proved. 2. The indemnity is limited to the amount specified in the policy 3. The insured is indemnified only for the proximate causes. 4. The market value of the property determines the amount of indemnity.
Castellan v. Preston (1881) All ER 494 Union of India v Sri Sarada Mills Ltd., 1972 (2) SCC 877. 30 Vasudeva Mudaliar v Caledonian Insurance Co. & Anr. AIR 1965 Madras 159.
31
Oberai Forwarding Agency v New India Assurance Co. Ltd. & Anr. 2002 (2) SCC 407.
6. Proximate Cause
The doctrine of proximate cause is expressed in the maxim 'Causa Proxima non remota spectator', which means that the proximate and not the remote cause shall be taken as the cause of loss. The insurer is thus has to make good the loss of the insured that clearly and proximately results, whether 32directly or indirectly, from the event insured against in the policy. The burden of proof that the loss occurred on account of the proximate cause lies on the insured. As per the Marine Insurance Act, unless the insurance policy states otherwise, the insurer is liable for any loss proximately caused by a peril insured against, but he is not liable for any loss which is not proximately caused by a peril insured against. An insurer would therefore be exempted from liability when the cause of loss falls within the exceptions of the policy. The Marine Insurance Act further states that the insurer is not liable for any willful misconduct of the insured i.e. the assured cannot recover for a loss where his own deliberate act is the proximate cause of it. Further, in the event of loss caused by the delay of the ship, the insurer cannot be held liable, irrespective of the proximity of 33the cause.
Stanley V. Western Insurance company (1868) L.R. 371 Section 55 (2)(b) of the Marine Insurance Act, 1963
subrogation nor the transfer of the right of action would confer t he legal status of a 'consumer' on the insurer,34 nor can the insurer be regarded as any beneficiary of any service. Therefore, the remedy available to the insurer is to file a suit in a civil court for recovery of the loss.
8. Insurable Interest
To constitute insurable interest, it must be an interest such that the risk would by its proximate35effect cause damage to the assured, that is to say, cause him to lose a benefit or incur a liability. The validity of an insurance contract, in India, is dependent on the existence of an insurable interest in the subject matter. The person seeking an insurance policy must establish some kind of interest in the life or property to be insured, in the absence of which, the insurance policy would amount to a wager 36 and consequently void in nature. The test for determining if there is an insurable interest is whether the insured will in case of damage37 to the life or property being insured, suffer pecuniary loss. A person having a limited interest can38 also insure such interest. Insurable interest varies depending on the nature of the insurance. The controversy as to the existence of an insurable interest between spouses was settled by the court, which held that such39 An interest could exist as neither was likely to indulge in any 'mischievous game'. The same analogy may be extended to parents and children. Further, the courts have also held that such an insurable interest would exist for a creditor (in a debtor) and for an employee (in an employer) to the extent of the debt incurred and the remuneration due, respectively. The existence of insurable interest at the time of happening of the event is another important consideration. In case of life and personal accident insurance it is sufficient if the insurable interest is present at the time of taking the policy. However, in the case of fire and motor accident insurance the insurable interest has to be present both at the time of taking the policy and at the time of the accident.
34 35
New India Assurance Company Ltd. v. B. N. Sainani (1997) 6 SCC 383. Seagrave v Union Insurance Co. Ltd., (1886) LR 1 CP 305. 36 Anctil v. Manufacturer's Life Insurance Company, (1899) AC 604 (PC). 37 New India Insurance Company Ltd. v. G.N. Sainani, (1997) 6 SCC 383. 38 Tomlison (Haullers) Ltd. V Hoplurane, 1966 (1) AC. 418. 39 Griffith v. Fleming, (1909) 1 K.B. 805.
The case is completely different with marine insurance wherein there need not be any insurable interest at the time of taking the policy.
9. Commencement of policy
The general rule on the formation of a contract, as per the Indian Contract Act, is that the party to whom the offer has been made should accept it unconditionally and communicate his acceptance to the person making the offer. Whether the final acceptance is to be made by the insured or insurer really depends on the negotiations of the policy. Acceptance should be signified by some act as agreed upon by the parties or from which the law raises a presumption of acceptance. The mere receipt or retention of premium until after the death40 of the applicant or the mere preparation of the policy document is not acceptance. Nonetheless,41 acceptance may be presumed upon the retention of the premium. However, mere delay in giving an answer cannot be construed as acceptance. Also, silence does not denote consent and no binding contract arises until the person to whom an offer is made says or does something to signify his42 acceptance. When the policy is of a particular date, it would cover the liability of the insurer from the previous43 midnight preceding the same date. However, where there is a special contract to the contrary in44 the policy, the terms of the contract would prevail. Hence where the time of the issue of the insurance policy is mentioned, then the liability would be covered only from the time when it was45 issued.
40 41
Life Insurance Corporation of India v. Raja Vasireddi Komalavalli Kamba and Others, 1984,SC. Corpus juris Secundum, Vol. XLIV, page 986 42 Life Insurance Corporation of India v. Raja Vasireddi Komalavalli Kamba and Others, 1984,SC. 43 New India Assurance Company. Limited. v. Ram Dayal & Others, (1990) 2 SCC 680. 44 National Insurance Company Limited. v.jikubhai Nathuji Dabhai (smt) and others,1984,SC. 45 National Insurance Company Limited. v. Mrs. Chinto Devi & Others, 2000, SC. A.
BIBLIOGRAPHY
Insurance : Fundamentals, Environment and Procedures By B.S. Bodla, M.C. Garg, K.P. Singh Bharats Manual of Insurance Laws By Ravi Puliani, Mahesh Puliani Insurance Law Manual Taxman Law of Insurance By Dr. M.N. Mishra Handbook of Insurance Claims By S.P. Gupta, V.H.P. Pinto Fundamentals of Risk and Insurance By Vaughan & Vaughan Various websites referred: www.manupatra.com www.scconline.com www.legalserviceindia.com www.indlaw.com www.supremecourtcaselaw.com www.supremecourtofindia.com www.wikipedia.com www.google.com
A Ab initio Accident insurance B Burden of proof C Calculated uncertainty Casualty Insurances Causa Proxima non remota spectator Commencement of policy Compensate Conditions precedent Conditions subsequent Consumer Protection Act, 1986 Contingency Continuity and certainty of business Contract in writing 8Credit Insurance 13Credit standing 04 13 19 21 09, 19 17 17 20 08 09 08 14, 16,19 15, 17 11, 18, 21
E Economic needs External hedging Enterprise Risk Management F Forfeiture G Good Faith H Health insurance Humanity I Indemnity and Subrogation Independent risks Indian Contract Act Insurable Interest Insurable risk Insurance Association of India Insurance Regulatory and Development Authority (IRDA) Insured/Assured Internal Hedging Ipso jure 18 11 21 17, 20, 21 09 12 12 04, 05, 11, 15, 18, 21 04 10 09 14, 15, 17 18 09 04 29
J Justice, equity and good conscience L Legal & Tax Counseling Worldwide Lex Numerorum Multorum Et Principiae Medianae Propabilitatis Liability Insurance Life Insurance Locus standi M Marine insurance Mischievous game Misrepresentation Monetary N Nationalization O Ombudsmen P Pecuniary loss Perils Policy Pooling of risks Portfolio construction 21 04, 05, 08 05, 08, 12, 15, 16, 17, 18, 19, 21, 22, 28 09 04 12, 13 11, 12 11, 14, 15, 16, 17, 18, 19, 20, 21 21 14, 15, 16 09 18 04 13 06, 07, 13, 16 20 05, 14
Post contractual duty of good faith Premium Principle of Subrogation Principles of equity Privatization Property Insurance Protection Proximate Cause Punitive or preventive R Regulatory authorities Reinsurance Repudiation Risk Pooling S Safeguard Share losses Social insurance Substitute certainty Superfluous T Tariff Advisory Committee Terrorism insurance
15 05, 08, 10, 14, 18, 22, 28 18 05 11 11, 13 08, 13, 20 18, 19, 20 20
08, 09, 12 10 11 10 15
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EPILOGUE
In todays time of globalization, insurance companies face a dynamic environment which is here to stay. Dramatic changes are taking place owing to the internationalization of activities, the appearance of new risks, new types of covers to match with new risk situations and unconventional and innovative ideas on customer service. Low growth rates in developed markets, changing customer needs and the uncertain economic conditions in the developing world are exerting pressure on insurers resources and testing their ability to survive. In addition, the existing insurers are facing difficulties from nontraditional competitors that are entering the retail market with new approaches and through new channels. So how do the insurance companies sustain the tough competition and the cold slowdown waves in the market? There are a few new emerging trends in the market that help the risk guard to guard itself like: 1. REINSURANCE: The concept of Reinsurance, though known, is still a less popular one in Insurance Industry and even general policy-holders are not very familiar with this term. An insurance company uses this tool to transfer a portion to one or more insurance companies. In a general language, Reinsurance is a process in which an insurer transfers certain percentage of its business risk to another company, which will then reimburse the loss that insurer, may face in his business. It makes the risk management process of insurance companies more effective and economical. Reinsurance is a transaction in which one insurer agrees for a premium, to indemnify another insurer against all or part of loss that insurer may sustain under its policy or policies of insurance. The company purchasing the reinsurance is known as the Ceding Insurer (or Primary Insurer) and the company selling reinsurance is known as the Assuming Insurer (or simply Reinsurer). The transaction is also described as "The Insurance of Insurance Companies". It is a risk management tool that spreads the risk so that no single entity has to bear the burden of paying back beyond the limit. Reinsurance companies indemnify a certain percentage of the losses which the
primary insurer is unable to pay or the amount of loss is beyond the capacity of the primary insurer. 2. Enterprise Risk Management (ERM) Enterprise Risk Management refers to restructuring the risk philosophy of a company. Enterprise Risk Management is a large change management initiative that needs to be handled carefully and in a structured way. Global economic and industrial development shave changed the risk profiles of insurance companies. They have realized the importance of risk sensitive system in managing scarce capital. To deploy scarce capital effectively and to maximize economic value, they need to move towards risk-based capital wherein the companies capital requirements are based on the risk they face. Regulatory changes have also compelled insurance companies to move towards risk-adjusted returns.