Pbi Module 4
Pbi Module 4
Pbi Module 4
MODULE-4
INDIAN INSURANCE INDUSTRY
BY SWETA BASTIA
What is Insurance?
Insurance is a legal contract between two parties- the insurance company (insurer)
and the individual (insured), wherein the insurance company promises to
compensate for financial losses due to insured contingencies in return for the
premiums paid by the insured individual. In simple words, insurance is a risk transfer
mechanism, where you transfer your risk to the insurance company and get the
cover for financial loss that you may face due to unforeseen events.
BASIC CONCEPT:
INSURED-
An “insurer” refers to the company providing you with financial coverage in the case
of unexpected, bad events covered on your renters insurance or homeowners policy.
INSURER-
The insurer is the company that pays out that compensation. They’re the company
that designs the insurance policy and sets the terms of the agreement. The word
“insurer” is usually interchangeable with “underwriter.” An insurance policy is a
promise to reimburse the policyholder for a loss; insurers are responsible for fulfilling
that promise.
PREMIUM-
Definition: Premium is an amount paid periodically to the insurer by the insured for
covering his risk.
POLICY-
An insurance policy is essentially a contract between you and your insurance
company – it lays out what’s covered, what isn’t, and other details of your
agreement.
Nature of Insurance:
1. By nature insurance is a devise of sharing risk by large number of people among
the few who are exposed to risk by one or the other reason.
2. If a large number of subscribers to insurance serve the purpose of compensation
to few among them exposed to uncertain risks appears as a co-operative look.
5. However it depends on the value of insurance for which payment is made in case
of contingency. This provides basis of the amount to be paid.
6. Insurance is a policy regulated under laws and therefore the amount of insurance
can neither be paid as gambling nor as charity.
Functions of Insurance:
The functions of Insurance cannot be explained because of its diversity but in
order to understand we can find a classification of functions as follows:
1) Primary Functions:
(i) Protection:
The Primary function of Insurance is as we think about any insurance. One feels
insured and contended about future risks only because one is sure to be
compensated for any loss of future. It is therefore Primary function of Insurance to
provide protection against future risks, accidents and uncertainty.
No insurance can arrest the risk from taking place, no insurance can prevent future
miss happenings, but can certainly provide some cover for the losses of risk. In real
terms Insurance is a protective cover against economic loss by sharing the risk with
others, (the pooling members).
It is therefore clear that insurance is a method by means of which a few losses are
shared by a large number of people. All the people insured contribute by paying
annual premium towards a fund out of which the persons exposed to risks are paid
as per the terms and conditions of the insurance policy purchased by them.
(iv) Certainty:
Unless we are insured we remain uncertain about our capability to meet the future
risks. But once we are insured it converts our uncertainty into certainty of bearing
future risks.
2) Secondary Functions:
(i) Prevention of losses:
In simple words we can say precautions are better than the treatment. It is better
instead of seeking the help of insurance if one adopts such measure which prevent
the losses. Every Insurance prescribes to take preventive measures against losses.
Such as installation of safety devices like automatic sparkler or alarm system, CCTV
system etc.
If such type of preventive measure exist there shall be lower rate of premium for
getting insurance cover against risks. Prevention of losses is to adopt preventive
measures against unexpected losses. For example while driving a two wheeler we
use helmets only because we take preventive measures to avoid any accidental
loss. It is not certain that an accident is going to happen even than a preventive
measure is adopted.
If an insured take such steps he saves a lot in form of the amount of premium
required to be paid. If prevention techniques have been adopted and applied the
Insurance company may rate the risk at lower level and shall prescribe a lower rate
of premium otherwise a higher rate of premium shall be charged.
(ii) Covering Larger Risks with small capital:
Every businessman is always worried about the security of his business. After
making large investments in the business it is natural to take care of the business
investments. There are two alternatives first one is that the concerned businessman
should invest out of his own pocket to create a proper security. The second method
is to get his business activities insured.
It is only insurance that comes not only to help these large industries against
possible risk but also help them to grow. It becomes possible only because
insurance provides an opportunity to develop to those larger industries which have
more risks in their setting ups.
3) Other Functions:
(i) Insurance is a tool used for saving and investments:
By purchasing any Insurance Policy it becomes completion by the purchaser to
make payment of the insurance policy. This completion is blessing in disguise. Most
of the policy buyers particularly individuals do not know the purpose of payment of
premium. They know only one thing that paying premium is compulsory for them.
The fact is otherwise true.
(iv) Subrogation:
In its most common usage refers to circumstances in which an insurance company
tries to recoup expenses for a claim it paid out when another party should have been
responsible for paying at least a portion of that claim.
1. Security and Safety: It gives a sense of security and safety to the businessman.
It enables him to receive compensation against actual loss. He can concentrate on
his business with a secure feeling that in case of losses arising from insurable risk,
his losses will be compensated.
2. Distribution of risk: Risk in insurance is spread over a number of people rather
being concentrated on a single individual.
3. Normal expected profit: An insured trader can enjoy normal margin of profit all
the time. He is protected from unexpected losses because of insurance.
4. Easy to get loans: A trader can get bank loans easily if his stock or property is
insured, as insurance provides a sense of security to the lenders.
5. Advantages of Specialization: Businessmen can concentrate on their business
activities without spending more time on safeguarding their property. The insurance
companies, on the other hand, can provide specialized insurance services.
6. Development of Social Sectors: Insurance funds are available for economic
development particularly for the development of social sectors. Especially for a
developing country like India, insurance funds are an important source for investing
in infrastructure projects (roads, power, water supply, telecom etc).
7. Social cooperation: The burden of loss is shouldered by so many persons. Thus,
insurance provides a form of social cooperation.
Benefits of Insurance
Insurance is important because both human life and business environment are
characterized by risk and uncertainty. Insurance plays a key role in mitigation of
risks. The benefits of insurance are discussed below:
2. It enables the insured to concentrate on his work without fear of loss due to risk
and uncertainty.
4. The insurance policy can be mortgaged and funds raised in case of financial
requirements.
5. Insurance policies, especially pension plans provide for income security during old
age.
6. The insured gets tax benefits for the amount of premium paid.
4. Insurance provides security to the insured during his life and to his dependents.
6. Insurance provides a sense of livelihood to those who might otherwise not have
an income source — housewives, retired people, students etc can work as agents
and earn commission.
7. Insurance works on the principle of pooling of risks and distributes risks over many
people.
2. It has enabled the country to get foreign exchange (49% FDI is permitted in the
insurance sector in India).
5. Insurance companies pay taxes out of profits earned. This is an important revenue
source to the government.
6. Insurance companies are permitted to invest 5% of the funds in the capital market.
LIC alone has invested around Rs.28,000 crore in the Indian capital markets. Such
investments develop the capital market.
The offer for entering into the contract may come from the insured.
The insurer may also propose to make the contract. Whether the offer is from the
side of an insurer or the side of the insured, the main fact is acceptance. Any act that
precedes it is the offer or a counter-offer. All that preceded the offerer counter-offer
is an invitation to offer.
In insurance, the publication of the prospectus, the canvassing of the agents are
invitations to offer.
When the prospect (the potential policy-holder) proposes to enter the contract, it is
an offer and if there is any alteration in the offer that would be a counter-offer.
If this alteration or change (counter-offer) ill-accepted by the proposer, it would be
acceptable.
Legal Consideration
The promisor to pay a fixed sum at a given contingency is the insurer who must have
some return or his promise. It need not be money only, but it must be valuable.
It may be summed, right, interest, profit or benefit Premium being the valuable
consideration must be given for starting the insurance contract.
The amount of premium is not important to begin the contract. The fact is that
without payment of premium, the insurance contract cannot start.
A person is said to be of sound mind to make a contract if, at the time when he
makes it, he is capable of understanding it and of forming a rational judgment as to
its effect upon his interests.
Free Consent
Parties entering into the contract should enter into it by their free consent.
(1) coercion,
(2) undue influence,
(3) fraud, or
(4) misrepresentation, or
(5) mistake.
When there is no free consent except fraud, the contract becomes voidable at the
option of the party whose consent was so caused. In the case of fraud, the contract
would be void.
The proposal for free consent must sign a declaration to this effect, the person
explaining the subject matter of the proposal to the proposer must also accordingly
make a written declaration or the proposal.
Legal Object
To make a valid contract, the object of the agreement should be lawful. An object
that is,
In the proposal from the object of insurance is asked which should be legal and the
object should not be concealed. If the object of insurance, like the consideration, is
found to be unlawful, the policy is void.
The primary legislations which deal with various aspects relating to accounts
and audits of an insurance business areas under:
(1) The Insurance Act, 1938 (Including Insurance Rules, 1939);
(5) The General Insurance Business (Nationalisation) Act, 1972 (including Rules
framed there-under)
On account of amendment in the Section 3(11) of the Income Tax Act, 1961
providing for uniform accounting year, all Insurance Companies also close their
annual accounts on 31st March each year w.e.f. accounting year ending 31 st March,
1989. It has also been made mandatory according to the provisions of IRDA Act,
2000.
Principles of Insurance
The concept of insurance is risk distribution among a group of people. Hence,
cooperation becomes the basic principle of insurance.
To ensure the proper functioning of an insurance contract, the insurer and the
insured have to uphold the 7 principles of Insurances mentioned below:
Types Of Insurance
There are two broad categories of insurance:
1. Life Insurance
2. General insurance
Life Insurance – The insurance policy whereby the policyholder (insured) can
ensure financial freedom for their family members after death. It offers financial
compensation in case of death or disability.
While purchasing the life insurance policy, the insured either pay the lump-sum
amount or makes periodic payments known as premiums to the insurer. In
exchange, of which the insurer promises to pay an assured sum to the family if
insured in the event of death or disability or at maturity.
Depending on the coverage, life insurance can be classified into the below-
mentioned types:
Reinsurance:
1. Reinsurance is the transfer of insurance business from one insurer to another.
Its purpose is to shift risks from an insurer, whose financial security may be
threatened by retaining too large an amount of risk, to other reinsurers who
will share in the risk of large losses.
2. Reinsurance tends to stabilize profits and losses and permits more rapid
growth.
3. The entire area of reinsurance and retrocession is an example of the essential
need for a spread of risk among many risk bearers. Much of the process goes
on without the policy-holder being aware of its existence since he is not a
party to the reinsurance arrangement.
4. Reinsurance enables a risk to be scattered over a much wider area, which is
the primary concept of the whole business of insurance.
5. The need for reinsurance arises in the same way as an original insured needs
insurance protection.
6. The original insured is not a party to the reinsurance contract.
Types of Reinsurance
If there is no reinsurance, the insurer may not be willing to take up risks, particularly
when the risk exceeds beyond his capacity to manage.
Thus reinsurance stabilizes the fluctuations in the premium rates of various types of
risks.
Social Insurance:
A co-operative device, which aims at granting adequate benefits to the insured
on the compulsory basis, in times of unemployment, sickness and other
emergencies, with a view to ensure a minimum standard of living, out of a fund
created out of the tripartite contributions of the workers, employers and the
State, and without any means test, and as a matter of right of the insured”.
DOUBLE INSURANCE-
Double insurance arises where the same party is insured with two or more
insurers in respect of the same interest on the same subject matter against
the same risk and for the same period of time.
Basis of
Double Insurance Reinsurance
Difference
Meaning In double insurance, the same risk is In the reinsurance, the risk or a part
insured with different insurance of the risk is transferred to another
companies or more than one insurance company. The risk
insurance company. remains the same.
Subject This insurance is basically taken for This insurance covers the risk of the
properties having a high value. original insurer.
Claim You can make a claim to all the In this insurance, you will have to
insurance companies for claim from the original insurer and it
compensation. will claim from the reinsurer.
Loss The loss will be shared by all the The reinsurer will only be liable to
insurance companies from which you pay the proportion of the
have taken the insurance. reinsurance.
Goal The main goal of this insurance plan The main goal of this insurance is to
is to assure the benefit of insurance. reduce the risk of the insurer.
Interest of The insured has an insurable interest The insured doesn’t have an
Insured in this kind of plan. insurable interest in this kind of plan.
Insured The insured approval is needed in The consent of the insured is not
Approval double insurance. needed in Reinsurance because it is
done on the insurer’s end.
Miscellaneous Insurance-