Professional Documents
Culture Documents
and
Insurance Planning(RMIP)
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Training Objective
Training Outcome
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Module Topics
Mock Test
What is Insurance
Review of Concept of Risk and Risk Management
Principles of Insurance
Legal Aspects of Insurance Contract
Life Insurance Products
Life Insurance Policy Selection
Personal Property and Liability Insurance
Underwriting & Rate Making
Government Regulation of Insurance
Annuity
Insurance Needs Analysis
Financial Planning Academy - 9322637748
Lecture 1
Mock Test
Review of What is Insurance
Review of Concept of Risk and Risk
Management
Principles of Insurance
Insurance Terms
– Representation and Warranty
– Excess and Franchisee
– Endorsement and Co-Insurance
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What is Insurance?
Insurance is a common method of
Managing Risks
What is Insurance?
Example 1
– In a village, there are 400 houses, each valued
at Rs.20,000. Every year, on the average, 4
houses get burnt, resulting into a total loss of
Rs.80,000. If all the 400 owners come together
and contribute Rs.200 each, the common fund
would be Rs.80,000. This would be enough to
pay Rs.20,000 to each of the 4 owners whose
houses got burnt. Thus the loss of Rs. 20,000
each of 4 owners is shared by 400 house-
owners of the village, bearing Rs. 200 each.
This works out to 1% of the value of the
house, which is the same as the probability of
risk (4 out of 400 houses).
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Risk
Risk – uncertainty concerning occurrence of loss
Peril – Cause of loss
Hazard – Condition that creates or increases chances of loss
– Physical
– Moral
– Morale
– Legal
Where risk is defined as uncertainty
– Objective Risk
Relative variation of actual loss from expected loss
Risk
Categories of Risk
– Financial risk
Insurance is concerned with financial risk e.g. fraud,
theft, liability etc.
– Non Financial Risk
love and affection of parents, leadership of
managers, sentimental attachments to family
heirlooms, innovative and creative abilities, etc
Types of Risk
– Fundamental & Particular
– Static & Dynamic
– Pure & Speculative
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Risk
Risk
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Risk
Speculative
Pure Risk Risk
chance of loss or no loss, no chance of chance of loss or
gain gain
personal risk - death, illness,
insufficient income during retirement uninsurable
property risk - direct or indirect loss to
property
insurable
Financial Planning Academy - 9322637748
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Principles of Insurance
Principles of Insurance and their Application
Principle of Utmost Good Faith
Principle of Indemnity
–Principle of Contribution
–Principle of Subrogation
Principle of Proximate Cause
Principle of Average
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Principle of Utmost Good Faith
Insurance contracts characterized by
information exchange between parties
Insured knows more about the risk to be
insured than the insurer
Law compels to act in good faith
Applies to All Insurance Contracts
Normally, In contracts of sale the maxim
“Caveat Vendito – Let the Buyer Beware”
In Insurance this maxim does not apply
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Principle of Utmost Good Faith
Material Facts that need not be disclosed
– Circumstance that diminishes risk
– Fact known or presumed to be known by the insurer
– Facts on which insurer has waived information
– Facts of law, common knowledge
Duty of disclosure lasts for duration of negotiations and
terminates when contract is concluded
– Short term contracts duty of disclosure revived at renewal of policy
– Life insurance continuing contract, hence duty to disclose not
revived unless there is a duty in the policy obliging the insured to do
so.
Failure to Disclose material facts renders contract void-able
by insurer.
Upon discovering non-disclosure insurer can repudiate the
contract within a reasonable time. If he continues to accept
the premium, the Insurer would be deemed to have waived
the right to repudiate contract and the contract will be
binding as if there was no non-disclosure
Financial Planning Academy - 9322637748
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Principle of Insurable Interest
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Principle of Insurable Interest
As a general rule, insurable interest should exist both at
the time of taking policy and at the time the loss is
incurred
– Life – Insurable interest must be present at inception
of insurance. Thus if A who is married to B, takes a
policy on B’s life and they later divorce the policy will
pay on B’s death even if technically insurable interest
no longer exists because the parties divorced.
– Marine Insurance – Insurable interest is necessary only
at the time of a claim.
– Other Insurance - Insurable interest is required
throughout the period of contract in respect of all other
classes of insurance I.e inception as well as at time of
claim. Thus if a person has insurable interest in his car
at time of taking policy, but loses the interest
thereafter I.e if he sells the car, the policy ceases to
have any validity
Financial Planning Academy - 9322637748
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Principle of Insurable Interest
This principle exist to prevent people from trying to
take advantage of insurance policies.
– Ensures people cannot profit from insurance, use it
for morally questionable purpose
– Eg one would be able to take insurance on
neighbors house, vandalize it and then collect
money from the insurance company, thus profiting
from this act
– Cannot take life insurance on life of neighbor or
someone else in whose life there is no insurable
interest
Principle of Indemnity
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Principle of Indemnity
Insurance contract is indemnity contract
Principle is applied where loss is measurable in
terms of money. Does not apply to insurance of an
individual where it is not possible to measure the
financial loss caused by death of insured or bodily
injury sustained by him
Life insurance policies are not subject to Principle
of Indemnity
Any loss or damage is based on Sum Insured under
the policy
Insured cannot gain by over-insuring his property
He will lose by under-insurance – Principle of
average will apply
Principle of Indemnity
Indemnity principle modified in certain
classes of insurance
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Principle of Indemnity
Settlement of Indemnity
– Cash payment
Insurer would pay the claim amount by cheque and in most of
the liability insurance this the the only option for settlement of
claim
– Repair
Insurer can use repair as a method of providing indemnity e.g..
Motor insurance services of garages are used to repair damaged
car and payment made mostly directly to garages
– Replacement
Insurer takes advantage of large volumes and are keen to replace
damaged articles because they get favorable prices
– Reinstatement
Insurer undertakes restoration or rebuilding the damaged
machinery or building
Principle of Indemnity
Limitation on Insurer’s liability
– Amount payable in an insurance contract is
either actual loss or sum assured, whichever is
less
– Property insurance subject to Principle of
average in case of underinsurance
– Policies subject to franchisee or excess
– Property is not completely destroyed and a
portion is saved, it is termed as salvage and in
case of total loss payable, it becomes property of
insurance company
– Claim payment is adjusted for the depreciation,
wear and tear of property insured
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Principle of Indemnity
2 Corollaries
– Principle of Contribution
Should the same risk be insured by two or more
companies, the compensation must be shared
between them
– Principle of Subrogation
Once an insurance company pays out
compensation it becomes owner of the item
insured
Principle of Indemnity
Principle of Contribution
– The law does not forbid people from taking double
insurance, it only forbids profiting from a loss
– Under the common law, a person who has double
insurance can look to any of the insurers involved for
compensation. The insurer who has paid, can then claim
contribution from the other insurer involved
– For contribution to apply:
The 2 policies must cover the same insured
Must cover the same subject matter
Must cover the same insurable interest
Peril causing the loss must be covered by both
policies albeit for different amounts
Both policies must be current
– Normally policies contribute pro-rate to the loss.
Financial Planning Academy - 9322637748
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Principle of Indemnity
Principle of Indemnity
Principle of Subrogation
– Means “to stand in place of”. Right of one person to
stand at law in place of another and to avail all rights and
remedies of that other person
– Suppose A drives negligently and causes an accident
damaging B’s car. If B’s car is insured he has 2 options.
he can sue A in delict for damages or he can claim from
his insurer. If B pursues both avenues he will receive
double compensation. To prevent B from profiting from
his loss subrogation is used in terms of which once the
insurer has paid B the insurer assumes all B’s rights to
sue A. This ensures the principle of indemnity is
preserved.
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Principle of Indemnity
Limitations under subrogation rights
– Applied only to the extent of indemnification by the
insurer
– Cannot recover more than what he has paid.
– In cases where insured has not been indemnified fully,
any amount recovered from any third party in excess of
the claim payment made by the insurer has to go to
insured.
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Principle of Proximate Cause
For loss to be compensated under a policy of
insurance, it must have been caused by an insured
peril. Unless the loss is proximately caused by an
insured peril the policy does not pay or respond
Proximate cause of loss is most dominant and
efficient cause in terms of bringing about a
particular result i.e. Initial event in the chain of
events
Onus of proving that loss is proximately caused by
an insured peril rests with the insured
If the insured makes a prima-facie case that the loss
was proximately caused by an insured peril the
insurer is obliged to indemnify unless they can
prove that an exception applies.
Financial Planning Academy - 9322637748
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Principle of Average
If there is under-insurance the insured shall be his own
insurer to the extent of the under-insurance. This means that
the insured will bear part of the loss as a penalty for
underinsurance
In terms of common law general rule is that a person who
under-insures his property is entitled to full amount of loss
whether total or partial subject to limits if the policy in the
absence of any provision in the policy to the contrary
Because average is not recognized by common law its
application in insurance is not automatic. Insurer would
have to include the condition of average in the policy for
average to apply
E.g. if a house worth Rs 5 lacs, is insured for Rs 4 lacs and
a loss of Rs 2 lacs occurs the insured in the presence of
average clause in the policy would be entitled to Rs 1.6 lacs.
Insurance Terms
Representation
– Is a written or oral statement made for either obtaining
or negotiating an insurance, simply because they
constitute making a proposal from insured to the insurer
Warranty
– Is an essential term of the contract, non-compliance with
which automatically gives insurer right to cancel the
contract and hence avoid performance and liability
– Express (Promissory) Warranty
Expressed in or written into the insurance contract, becomes
part of the contract and is expected to be adhered by the insured
– Implied (Affirmatory) Warranty
Not required to be mentioned, taken to be part of contract
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Insurance Terms
Representations Warranties
Insurance Terms
Excess & Franchisee
– Types of deductibles which form part of general insurance
policy in most cases
Excess
– Portion of any claim that is not covered by insurance provider
– Deductible must be met before benefits of the policy can apply
– Motor insurance deductible applies to claims arising from
damage to his own vehicle.
– travel insurance policies have deductibles
– Health insurance policies have deductible which does not
cover cost of routine visits
Franchisee
– Kind of excess with a difference
– Like in excess if reported claim is below limit of franchisee it
is not payable
– If claim amount is more than franchisee amount the insured
gets full amount of claim without any deduction
Financial Planning Academy - 9322637748
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Insurance Terms
Consider 2 policies A & B. Policy A is subject to an excess
of Rs. 6000 and policy B is subject to franchisee of Rs
6000. If both policies have claims of (1) Rs 4950 (2) Rs
7000
Option 1 Option 2
Claim Amount 4950 7000
Excess under policy 6000 6000
Claim payable NIL 1000
Claim amount 4950 7000
Franchisee under policy 6000 6000
Claim payable NIL 7000
Insurance Terms
Endorsement
– Provision in insurance used to add, remove or alter terms
of the original insurance
– Must be written and specific and when executed should
be attached to policy documents and with the policy
document constitutes the evidence of insurance contract
– E.g. change of address is endorsement
Co-Insurance
– Sharing of risk between 2 or more insurance companies
in pre-determined ratio
– Done in case of large insurance risks because all parties
insured and the insurers feel more comfortable in
insuring the risk by sharing between 2 or more insurers
– If risk is shared by 2 companies in ratio of 40% & 60%
and premium is shared in same proportion, in case of
loss, loss is payable in the ratio 40% & 60% by
respective companies
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