SETTLEMENT OF CLAIMS AND INSURANCE

 Settlement of the claims is the  culmination of a contract of life insurance . It will not be an exaggeration  to say that the image of an  insurance company , created in the minds of policy holders in a  particular and the insuring public in general, depends, on the  efficiency and effectiveness  with which claims are processed and settled. The speed  with which they are settled acts like a booster to the morale of the marketing  force of a company . Claim  settlement , therefore  occupies an important place in the total operations of an   insurance company.


 In fact the  insurance Regulatory  and Development Authority  (IRDA)  has issued instructions  to all  insurance companies to settle  claims within a period of 30 days failing which they should pay a penel interest at the rate of 10 percent for the   the period of delay . This impose a statutory obligation on every  insurance company. Basically the following  two types of claim which come before an  insurance company:  1. Maturity claims,  2.  Death Claims:  1.  MATURITY CLAIMS: Maturity claims come up for payments in the following manners: (1) All  endowments  types of policies have pre-determined date of maturity which is shown  in the policy bond.   (2) Under joint  life policies on the lives of couples  claim by way of maturity arises in the following ways:  (a) Both the lives survive the date of maturity  in which case maturity claim is payable.  (b)  During the term of the policy. one of the lives dies and death  claims paid. Even thereafter  the second surviving  life remains covered till the maturity date. . In the event of the second life surviving  up to the maturity date, the sum  assured becomes payable as maturity  claim. The insurer  therefore, has to keep track of the cases that may come up as maturity claims.  


3. Under Fixed Term Marriage/ Educational Annuity Plan, benefits  are payable on the maturity date even if the policy holder dies before that date. The only effect of death  will be that further premiums  cease. Thus, claim under the policy is also   payable as maturity claim.   4.  Under Money Back Plains , survival  benefits become due for payment after regular interval of 4 or 5 years depending  upon the terms of the policy. These survival  benefits are treated claims by maturity  because date of payments is pre-determined.  CLAIMS INTIMATIONS: Claims by maturity and their date of maturity are known  before hand . Therefore every  insurance company  prints. Claims  Intimation Registers well in advance of the date of maturity. Then printed letters are usually sent to the policy holder to inform them to comply with the requirements  for payments of claim amount . It gives instructions  for obtaining  payments. A copy of this is also endorsed to the agent so that he is able to maintain his liaison with the claimant . This letter of instructions for obtaining the payment is called the claim intimations letter.   

BASIC REQUIREMENT FOR SETTLEMENT OF  MATURITY CLAIMS: The requirements are as under:  (a) Original  policy bond, if loan was availed from the insurer, (b) Discharge form  duly completed and executed. ( C ) Age of proof  , if age was not admitted  previously . The salesmen are advised to realises the importance  of age admission at the time of obtaining policy. Their attention is also drawn to Section 45 to Insurance Act whereby it is obligatory  on the part of the life assured to furnish  age proof at the time of claim settlement.  (d) If any assignment or re-assignment was executed  by a separate  deed or deeds, such deeds must be submitted  along with the other documents as listed above:. (e) Insurer’s  office sends the Discharge Form as per item (b) above along with the claim intimation  letter. The policy holder  has to return  their Discharge  Receipt  duly completed  with the policy bond.  If the policy stands assigned in favour of a Bank or an institution or some individual  the discharge  form will be return by the institution or the individual along with the policy bond.

 A nominee  has no locus standi in the event of claims by maturity.   2.  DEATH CLAIMS: Life  insurance is basically for providing financial  security to the families of deceased policy holder. Death claim settlement naturally assumes very great importance in the total operations of any life  insurance company. Despite  several problems  encountered,  Life  insurance companies  struggle to efficiently and effectively attend to this  function. The death claims are generally  divided into a two category  viz, normal death claim  and premature claim. If the assured dies after two years of the commencement of the policy it is treated as normal death claim. In case, the assured dies within two years  of the commencement  of the policy, it is called premature claim. The actual procedure involved in death claim is as follows.

FACTORS TO BE CONSIDERED FOR RATING

 The following factors are generally  taken in to a account while determining the rating of vessels and cargo:  (A) RATING UNDER HULL INSURANCE: (a) TYPES AND TRADE: The quality and fitness of the ship  to serve as a carrier on the particular route is an important factor considered for rating on hull insurance .  The insurer, while underwriting the risk, would like to know the ship with regard to its builder and owner , structural strength to resist strains  adaptability to carry various  kinds of a cargo and its age, and physical condition  the types of engine and its horse power and the special types  of equipments  etc.,

 The risk to be insured depends upon the vessel’s  construction and according to the standard I ,e, commercial standard in the trade,. The rates of premium are determined accordingly.  (b): MANAGEMENT:  The management of the ship entirely  depends upon the shipowner for up keeping the ship. In order  to avoid a bad  track record through  negligence  , indifference, etc., the shipowner appoints  efficient  officers  and crew in the ship. As the nature of risk will vary  depending   upon the efficiency  of management the rates  of premium will also vary.  ( C ) PAST CLAIM EXPERIENCE: The number of claim made by the insurance during the past few years is to be considered  for fixing the rates of premiums. If there were too many claims in the past, the insurer will charge higher rates of premiums on different  marine risks. (d) VALUATION  OF VESSEL : The valuation of the vessel to be insured is very  important  for determining  the rate. The insurer  while underwriting the risk, should verify the valuation  and should ask for the valuation  certificate  from competent  surveyors before granting  the covers . Valuations  includes  adjustment  for the  gross registered  tonnage make machinery installed therein, type, special for the gross equipments  modern gadgets nature and type of a engine, age and  horse power etc.,


 (e): POLICY CONDITIONS: The liability of the insurer increases or decreases  depending  upon the insurance policy conditions given for a bearing the risk. So according to variation  of liability premium  varies.  (f): REPAIR COST: Extra expenditure incurred for the safety of the vessel  is also to be considered  for determining the rates of premium. These expenditures  are incurred at the port when the ship is repaired . These expenditures  or losses  are expressed  as particular average or general average. The definition  of particular average is that the loss or damage must be accidently for or fortuitously  caused by a  peril insured against , and it concerns solely the person interested in the subject  matter of insurance and his underwriting  . On the other hand, General Average implies some voluntary sacrifice of the property made or extraordinary expenditure incurred at a time of peril threatening  the whole property involved in a common maritime adventure with a  view to preserving it  from the peril.

 When such sacrifice ha been made or expenditure  incurred the whole property  preserved shall contribute to the  loss sustained  or the expenditure  incurred . All expenses will be treated  as a General Average  expenditure. The Marine Insurance Act 1963 states that temporary  repairs made for the common safety shall be admitted  as a general average. So under the applications  of general averages the general average contributions are recoverable from respective  marine insurers  insuring the ship  provided the expenses do not exceed the insured value.  (g): NATURAL FACTORS AND TOPOGRAPHY: The insurer also considers the route and terms of the contracts . Some natural hazards are permanent  in nature and some  are seasonal  . For example frequency of storm , shallow water narrow channel. ice, tides, seaquakes are to be taken into account  while calculating  premium chargeable   on a particular route. 

RATE FIXATION IN FIRE INSURANCE

The term Rate Fixation refers to determination  of an appropriate premiums rate for different risks. The rate  fixation in fire  insurance is not so scientific  as in life  insurance. While fixing the rates of premium for different risks in fire  insurances various factors or both  the physical and moral hazards are to be property evaluated  and calculation  work is to be carried out as accurately as possible. The rates of premiums determined  must be adequate  not unfairly discriminatory not excessive, economically feasible stable and flexible  and should encourage   loss prevention. In other  words the rates of premium should be adequate  enough to provide for full payments  of claims including catlastrophe  losses administrative  costs I.e. printing costs. transport  requirements  staff salaries  etc., provision for unexpectedly  large claim in the form of reserve and a margin of profit. 

  SYSTEM  OF RATE FIXATION:  The actual process of rating  consists  of three steps viz. (1) Classifications (2) Discrimination and (3) Fixing rates or schedule rating. (1) CLASSIFICATIONS:  The first step in fixing  rates of the premiums for different risks is the process of classifying  the various properties to be insured. Properties  are generally classified  into three categories  viz (a) Common or ordinary (b) Hazardous and:  ( C ) Extra hazardous or doubly  hazardous. Different rates of  premiums are determined for each class of property. These classifications  do not hold good for a long  time because  of varied nature of risk. Now the risk or properties  are classified into a various  classes according to factors affecting  fire risk.   (a) CONSTRUCTIONS: For the purpose of rating simple risks e.g.  dwellings offices  etc., building are classified into two categories according  materials  used in constructions  of external walls and roof. Class A constructions includes building which have external wall of stone/ bricks concrete  blocks and off RCC / Masonry  asbestos concrete  sheets Metel sheets/ Tiles . The layer of grass  hay or reeds on incombustible roofing is permitted . Any  constructions  other than Class “A”  constructions as above stated is considered class “B”  constructions. (b) OCCUPANCY : Risks or properties  are classified according to occupancy of the premises e.g.  Private residents shops, godowns,  industrial or manufacturing  risks etc., Again the goods stored in godown  are classified into non-hazardous  and external  hazardous categories  . 


This system  of classifications  takes into account the various  factors of occupancy which may cause or aggravate fore loss or damage such as the nature of goods exposed to varying degrees to ignition . combustion etc., manufacturing  process  methods of heating lighting  and power etc.   ( C ) NATURE OF FLOORING: Wooden floors add fuel to fire . Besides wooden floors collapse easily in the event of fire, causing damage  to property on lower floors  through falling machinery  or goods from upper floors.  (d) HEIGHT: The greater the number of stroeys the greater the  hazard because of difficulties  of fire extinguishment  . Besides the greater number of floors involve of the risk of collapse of the upper floor causing heavy impact damage.  (e) FLOOR AND WALL OPENINGS: Openings in the floor for lifts and belts constitute higher physical hazard. It may cause greater chances of ignition of fire and can cause difficulty in extinguishing  the fire.  (f) EXPOSURE:  The degree of risk  of each building is influenced  by its surroundings . If a number of factories  and workshops are situated around dwelling houses, the hazard involved  is far greater. 

  (g) LIGHTING  HEATING AND POWER: The fire may take place  due to short circuit . combustion  can also arise from faulty installation  and dampness . The lighting  system e.g. gas or oil leakage  of fuel and naked flames cause more hazard to property.  (h) PLACE: The geographical  area where the property is located  is of great importance . Losses compared with the amount to the of  insurance vary from State to State.  (I)TIME/: Five years is generally taken as a minimum period  upon which rates are based. Good and bad years must be  averaged out for rate making purposes over a  sufficiently  long period of time to enable the companies  to accumulate  during the years of light losses, funds necessary to absorb  the stock of heavy losses at other times.  (j) PROTECTION: Protection may be of two kinds: Public and Private. Public or Municipal protection   is of great importance. Private protection consist  of device installed by the owner such as fire extinguisher  sprinklers system and buckets, fire alarm etc.  

HISTORY OF LIFE INSURANCE

(1) EARLY DEVELOPMENTS: The early development of life insurance closely linked with that of marine  insurance. The first  life  insurers  were marine  insurance underwriters  , who started issuing  policies on the life of a merchants, master and the crew of the ship sailing along with the goods. . If a ship was captured, the insurer paid the ransom  needed to secure release of the captain  and the sailors . Life  insurance policies were granted during the reign of Queen Elizabeth. These early  contract took the form of temporary  assurance  covering  the life assured  for a short period only. These were issued by the private individual  known as underwriters who formed  Mutual assurance Associated  which were in a way, self- insurance  clubs. They issued annuities and pension and for a husbands.


The  first recorded life policy  was issued by on 18.6.1583 on the life of William Gibbons for 12 months  at the  rate of 8%  of 382,65.84 for which sum sixteen underwriters  were responsible. However this first policy was subject to a dispute  over payment because the policy holder died within 11 months of issuing  the policy. The underwriters  contended that the policy  period of 12 months  related to lunar months , which has expired. Happily the court ruled that the payment must be made. 



  (2)  LIFE INSURANCE IN 18TH CENTURY:  It was in the eighteen century the societies  began of the  to be formed with the object of granting life  assurances . The Amicable  Society (1705)  the equitable Life Assurance Society. (1762.,), the West Minister Society (1792) were some important societies  .The application of the mortality  tables in 1755 by the Dodson and the introductions  of actuarial  science revolutionized  the whole concept  of life  insurance. As the life  insurance became better known, a practice grew up of speculating in lives,  particularly  of well-known  people, like kings, national leaders or prisoners particularly , if charged  with an offence that would call for capital punishment  upon conviction . The premiums varied with their reputation  and state of health. If person of this  category fell seriously ill a huge amount of the insurance  was written. In order to put  an end to this speculation with the  its attendant  evils,  an Act called  the “Life Assurance Act” (commonly known as the Gambling Act), was passed in 1774. It prohibited all  insurance on lives expect those  satisfying  insurable interest requirements . 




  (3)  LIFE IN\SURANCE IN 19 TH CENTURY:  During the early years of the nineteen  century a large number of life  insurance companies were formed. A large number of companies  failed and many of them preferred  to amalgamate their business . In order to stabilise the business  further . Life Assurance companies Act 1870 was passed. Further Act was passed in 1871.   (4): LIFE INSURANCE IN 20TH CENTURY:  The above legislation  was repealed by the Assurance Companies Act 1909, which  was applied to all classes  of the  insurance business. Later on, various  acts were passed to meet the growing needs of the industry and to protect the insured. Some of these  acts are : Industrial Assurance  Act 1923,. Assurance Companies Act 1946, Insurance Companies Act 1956 and the Companies Act 1967


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(5)  LIFE INSURANCE IN INDIA:  In India an English  insurance company known as oriental Life Insurance Company started its operation in Calcutta in the year 1818. It insured the employees of East India Company  only. A good member of European  companies had entered the Indian scene by 1870, but mostly European  lives were insured by them. The first Indian company by the name of : Bombay Mutual Life Assurance Society” was set up in1870-71. Then came in 1874 the “ Oriental Government Security Life Assurance company”. Swedeshi  Movement started in the wake of freedom struggle  in India, gave birth to many Indian  insurance companies and some very important prominent Indian  names were associated with the life  insurance industry. In 1956, the life  insurance business was nationalized by taking over 245 companies and by forming one single  corporation  named as Life  insurance Corporation  (LIC) of India. Now Life  insurance Corporation of India and 12 private life  insurance companies are permitted to carry  on life  insurance business in India.