Risk Management
Risk Management
• Criteria 3 is necessary because the insurer must be able to determine when a loss
occurred and measure the extent of the loss to enable the insurer to operate effectively.
When the occurrence and quantification of losses are possible, the insurer can then
ascertain the extent of their liabilities and make necessary contingencies. For example,
under medical insurance, the cost of medical treatment can be obtained from the medical
bills and this will allow the insurer to give a proper indemnity.
Aspects of an Insurance Contract
• The insurance contract is an instrument, which creates the contractual
relationship between the insured and the insurer. It has several
characteristics, some of which are as follows:
• It satisfies the three basic requirements of a contract.
– Firstly, it deals with a legal activity, which is enforceable. If the insurer
reneges (goes back) on its promise to pay in the event of a loss, the
insured can take legal action to seek redress.
– Secondly, there is the existence of offer and acceptance. When the
proposer submits the application form together with the premium payment
to the insurer, an offer has been made and when the insurer issues the
policy, the offer has been accepted.
– Thirdly, the insurance contract is supported by consideration.
Consideration refers to a benefit conferred by one of the contracting
parties to the other, in exchange for the other party conferring some
benefit in return.
• It is based on the concept of insurable interest. This means that the
policy owner must establish a financial link between him and the
subject matter of the insurance.
Contd.
• It is known as an aleatory contract in which the
consideration or monetary value between the parties to the
contract is not equal. In the case of insurance contracts, the
insured or policyholder pays a premium and may collect
nothing from the insurer if no loss occurs. On the other
hand, if a loss does occur, the insured or policyholder may
collect considerably more than the amount of the premium.
• It is known as a contract of adhesion. In such contracts, the
terms and conditions of the contract are written by the
insurer and the proposer has no ability or right to make any
modification or amendment. The proposer can only either
reject the contract or accept it in its entirety.
• It is a unilateral contract as opposed to a bilateral contract.
This is because the insurer is the only party that can be held
accountable in Court.
Contd.
• Except for life insurance and personal accident insurance,
insurance contracts are generally based on the indemnity
principle. Such contracts provide a mechanism by which
the insurers only provide financial compensation in an
attempt to place the insured in the same pecuniary position
before the loss.
– The indemnity principle is not applied in life and personal accident
insurance policies. This is because the law recognizes that there is
no limit to the value of human life.
The Insurance Industry
• In order for the financial planner to render advice on insurance
planning, he or she needs to be familiar with relevant aspects of the
insurance industry. This will enable him to know to what extent
insurance can be an effective risk management tools.
• The major players in the insurance industry, which are:
– The IRDA, which is the regulatory body
– Insurance Advisory Committee set up by IRDA.
– The Insurers : Public Sector & Private Sector
– Association of Insurers (under formation)
– Insurance agents and brokers (life insurance council)
• Relevant legislation and rules governing the insurance industry framed
by IRDA and Insurance Advisory Committee, like:
– The Insurance Act 1938.
– The IRDA Act governing the intermediaries.
– Ombudsman for redressal of grievances of policy owner.
Insurance Regulatory &
Development Authority (IRDA)
• The IRDA is the regulatory authority supervising the insurance
sector of the economy and will play an important role in the
development of the life insurance industry.
• One of the most important functions of the IRDA is the
administration of the Insurance Act and IRDA Act to ensure that
the life insurance companies are financially solvent at all times.
• Adequate standards for valuation of assets, liabilities and
solvency margins have been set and implemented and there have
been no cases of insolvency since the inception of the Insurance
Act in 1938.
• This has given confidence to the general public about the ability
of the insurance companies to honour their promises to pay
claims when they come due.
Life Insurance Association (LIA) of
Insurers
• Agents Association
– Agents Association is set up with the initiative of the life insurance
agents. By focusing on ethics, product knowledge and quality of
service, the Agents Association is actively encouraging
professionalism in the insurance sales force.
• The Insurers
– The insurers are a major component of the insurance industry.
There are two main types: Public Sector or Private Sector. A
Public Sector (government owned), the other type of insurance
company is a Private Sector (new Indian firms with or without
collaboration with foreign insurers).
• Agents/Brokers
– Insurance companies use agents and/or brokers. All the agents
have contracted with one insurance company and are prohibited
from selling products from any other company.
– There is a significant difference between the insurance agent and
the broker. An agent is the legal representative of the insurance
company while a broker represents the buyer.
The Insurance Act 1938
• In 1912, the Indian Life Insurance Companies Act
and Provident Fund Insurance Societies Act 1912
was passed. This was the first comprehensive
legislation in India to regulate the business of
insurance.
• The Insurance Act 1938, aimed "to consolidate
and amend the law relating to the business of
insurance" came into force with effect from 1st
July 1939.
Insurance Regulatory &
Development Authority Act 1999
• IRDA Act was passed by parliament in
December 1999 and it received presidential
assent in January 2000. This Act provides
for the establishment of the Authority to
protect the interest of holders of insurance
policies, to regulate, promote and ensure
orderly growth of insurance industry
Life Insurance Corporation Act,
1956
• Life Insurance business in India was nationalized
with effect from 19 Jan 1956.
• LIC of India Act was passed by parliament on 18-
06-1956 and came into effect from 01-07-1956.
• LIC of India started its functioning as a corporate
body from 01-09-1956. Its working is governed by
the LIC Act. Some of the important provisions of
this Act (as amended by IRDA Act 1999) are
stated hereafter.
Consumer Protection Act 1986
• This Act applies to all goods and services. It covers
private, public and co-operative sectors. The Act seeks to
protect following rights of consumers:
– The right to be protected against the marketing of goods which are
hazardous to life and property.
– The right to be informed about the quality, quantity, potency,
purity, standard and price of goods.
– The right to be heard and to be assured that consumers' interest
will receive due consideration at appropriate forum.
– The right to seek redressal against unfair trade practices or corrupt
exploitation of consumers.
– The right to consumer education.
Risk Management Process
• The risk management process refers to a
systematic approach designed to discover
risk exposures faced by the client and to
manage them in order to minimize or
eliminate loss arising from these exposures.
• The risk management process should be systematic,
comprehensive, effective and be ideally integrated with
other aspects of financial planning. It normally consists of
the following steps:
– Identify risk management goals.
– Gather relevant and comprehensive data to determine the extent
and nature of risk exposures.
– Analyse the risk exposures faced by the client .
– Construct a risk management plan comprising appropriate risk
treatment methods.
– Implement the plan.
– Monitor the plan and the outcome of its implementation.