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INSURANCE: PRINCIPLES
AND HISTORY
BY-Pawan Singh Raikhola
Risk-transfer mechanism that ensures full or partial
financial compensation for the loss or damage
caused by event(s) beyond the control of the
insured party. Under an insurance contract, a party
(the insurer) indemnifies the other party (the
insured) against a specified amount of loss,
occurring from specified eventualities within a
specified period, provided a fee called premium is
paid. In general insurance, compensation is
normally proportionate to the loss incurred,
whereas in life insurance usually a fixed sum is
paid.
ď‚— INSURANCE
Insurance as we know it today could be traced to
the Great Fire of London, that in 1666 devoured
13,200 houses. After this disaster Nicholas Barbon
opened an office to insure buildings. In 1680 he
established England’s 1st fire insurance company,
“The Fire Office”, to insure brick and frame homes.
The first insurance firm in the United States
provided fire insurance was formed in Charles Town
(modern day Charleston), South Carolina, in 1732.
WHERE IT STARTED
INSURANCE IN INDIA BEGAN IN THE YEAR
1870;THE FIRST POLICY ISSUED WAS IN 1870
BY “THE EUROPIAN AND THE ALBERT”.
THE FIRST INDIAN INSURANCE COMPANY WAS
“BOMBAY MUTUAL ASSURANCE SOCIETY LTD.”
FORMED IN 1870.
THE INSURANCE COMPANIES WERE
NATIONALISED IN 1956.
ď‚— INSURANCE IN INDIA
THERE WERE 170 INSURANCE COMPANIES AND 75
PROVIDENT FUND SECURITIES WHICH GOT MERGED
AND ON 1ST OF SEPT 1956 LIFE INSURANCE
CORPORATION OF INDIA WAS FORMED.
IN 1993, THE MALHOTRA COMMITTEE,HEADED BY THE
FORMER RBI GOVERNOR R.N.MALHOTRA WAS
APPOINTED.THIS COMMITTEE SUBMITTED THE REPORT
A YEAR LATER AND RECOMMENDED”PRIVATISATION”.
THE INSURANCE REGULATORY AND DEVELOPMENT
AUTHORITY (IRDA) THUS CAME IN BEING AND NOW
REGULATES ALL INSURANCE BUSINESS IN INDIA.
ď‚— INSURANCE IN INDIA
1-INSURANCE REGULATORY AND DEVELOPMENT
AUTHORITY.
2-THE LAWS WHICH REGULATE THE BUSINESS:
-INSURANCE ACT 1938.
-THE INSURANCE REGULATORY AND DEVELOPMENT
AUTHORITY ACT 1999.
-LIFE INSURANCE CORPORATION ACT 1956.
-GENERAL BUSINESS (NATIONALISATION) ACT
1972.
3-THE LIMIT OF FOREIGN DIRECT INVESTMENT (FDI)
IN A LIFE INSURANCE JOINT VENTURE IS MAXIMUM
OF 26%.
ď‚— REGULATORS
THE SEVEN PRINCIPLES OF INSURANCE ARE :-
PRINCIPLE OF UTMOST GOOD FAITH,
PRINCIPLE OF INSURABLE INTEREST,
PRINCIPLE OF INDEMNITY,
PRINCIPLE OF CONTRIBUTION,
PRINCIPLE OF SUBROGATION,
PRINCIPLE OF LOSS MINIMIZATION, AND
PRINCIPLE OF CAUSA PROXIMA (NEAREST CAUSE)
ď‚— PRINCIPLES OF INSURANCE
Principle of Uberrimae fidei (a Latin phrase), or in simple
english words, the Principle of Utmost Good Faith, is a
very basic and first primary principle of insurance.
According to this principle, the insurance contract must
be signed by both parties (i.e. insurer and insured) in an
absolute good faith or belief or trust.
The person getting insured must willingly disclose and
surrender to the insurer his complete true information
regarding the subject matter of insurance. The insurer's
liability gets void (i.e. legally revoked or cancelled) if
any facts, about the subject matter of insurance are
either omitted, hidden, falsified or presented in a wrong
manner by the insured.
ď‚— 1. Principle of Uberrimae fidei
(Utmost Good Faith)
It states that the person getting insured must have
insurable interest in the object of insurance. A
person has an insurable interest when the physical
existence of the insured object gives him some
gain but its non-existence will give him a loss. In
simple words, the insured person must suffer some
financial loss by the damage of the insured object.
For example :- The owner of a taxicab has
insurable interest in the taxicab because he is
getting income from it. But, if he sells it, he will not
have an insurable interest left in that taxicab.
ď‚— 2. Principle of Insurable Interest
Indemnity means security, protection and
compensation given against damage, loss or injury.
According to the principle of indemnity, an
insurance contract is signed only for getting
protection against unpredicted financial losses
arising due to future uncertainties. Insurance
contract is not made for making profit else its sole
purpose is to give compensation in case of any
damage or loss.
ď‚— 3. Principle of Indemnity
Principle of Contribution is a corollary of the
principle of indemnity. It applies to all contracts of
indemnity, if the insured has taken out more than
one policy on the same subject matter. According
to this principle, the insured can claim the
compensation only to the extent of actual loss
either from all insurers or from any one insurer. If
one insurer pays full compensation then that
insurer can claim proportionate claim from the
other insurers.
ď‚— 4. Principle of Contribution
Subrogation means substituting one creditor for
another.
Principle of Subrogation is an extension and another
corollary of the principle of indemnity. It also applies to
all contracts of indemnity.
According to the principle of subrogation, when the
insured is compensated for the losses due to damage to
his insured property, then the ownership right of such
property shifts to the insurer.
This principle is applicable only when the damaged
property has any value after the event causing the
damage. The insurer can benefit out of subrogation
rights only to the extent of the amount he has paid to
the insured as compensation.
ď‚— 5. Principle of Subrogation
According to the Principle of Loss Minimization,
insured must always try his level best to minimize
the loss of his insured property, in case of uncertain
events like a fire outbreak or blast, etc. The insured
must take all possible measures and necessary
steps to control and reduce the losses in such a
scenario. The insured must not neglect and behave
irresponsibly during such events just because the
property is insured. Hence it is a responsibility of
the insured to protect his insured property and
avoid further losses.
ď‚— 6. Principle of Loss Minimization
Principle of Causa Proxima (a Latin phrase), or in simple
english words, the Principle of Proximate (i.e. Nearest)
Cause, means when a loss is caused by more than one
causes, the proximate or the nearest or the closest
cause should be taken into consideration to decide the
liability of the insurer.
The principle states that to find out whether the insurer
is liable for the loss or not, the proximate (closest) and
not the remote (farthest) must be looked into.
However, in case of life insurance, the principle of
Causa Proxima does not apply. Whatever may be the
reason of death (whether a natural death or an
unnatural death) the insurer is liable to pay the amount
of insurance.
ď‚— 7. Principle of Causa Proxima (Nearest
Cause)
THANK YOU

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Insurance

  • 2. Risk-transfer mechanism that ensures full or partial financial compensation for the loss or damage caused by event(s) beyond the control of the insured party. Under an insurance contract, a party (the insurer) indemnifies the other party (the insured) against a specified amount of loss, occurring from specified eventualities within a specified period, provided a fee called premium is paid. In general insurance, compensation is normally proportionate to the loss incurred, whereas in life insurance usually a fixed sum is paid. ď‚— INSURANCE
  • 3. Insurance as we know it today could be traced to the Great Fire of London, that in 1666 devoured 13,200 houses. After this disaster Nicholas Barbon opened an office to insure buildings. In 1680 he established England’s 1st fire insurance company, “The Fire Office”, to insure brick and frame homes. The first insurance firm in the United States provided fire insurance was formed in Charles Town (modern day Charleston), South Carolina, in 1732. WHERE IT STARTED
  • 4. INSURANCE IN INDIA BEGAN IN THE YEAR 1870;THE FIRST POLICY ISSUED WAS IN 1870 BY “THE EUROPIAN AND THE ALBERT”. THE FIRST INDIAN INSURANCE COMPANY WAS “BOMBAY MUTUAL ASSURANCE SOCIETY LTD.” FORMED IN 1870. THE INSURANCE COMPANIES WERE NATIONALISED IN 1956. ď‚— INSURANCE IN INDIA
  • 5. THERE WERE 170 INSURANCE COMPANIES AND 75 PROVIDENT FUND SECURITIES WHICH GOT MERGED AND ON 1ST OF SEPT 1956 LIFE INSURANCE CORPORATION OF INDIA WAS FORMED. IN 1993, THE MALHOTRA COMMITTEE,HEADED BY THE FORMER RBI GOVERNOR R.N.MALHOTRA WAS APPOINTED.THIS COMMITTEE SUBMITTED THE REPORT A YEAR LATER AND RECOMMENDED”PRIVATISATION”. THE INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY (IRDA) THUS CAME IN BEING AND NOW REGULATES ALL INSURANCE BUSINESS IN INDIA. ď‚— INSURANCE IN INDIA
  • 6. 1-INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY. 2-THE LAWS WHICH REGULATE THE BUSINESS: -INSURANCE ACT 1938. -THE INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY ACT 1999. -LIFE INSURANCE CORPORATION ACT 1956. -GENERAL BUSINESS (NATIONALISATION) ACT 1972. 3-THE LIMIT OF FOREIGN DIRECT INVESTMENT (FDI) IN A LIFE INSURANCE JOINT VENTURE IS MAXIMUM OF 26%. ď‚— REGULATORS
  • 7. THE SEVEN PRINCIPLES OF INSURANCE ARE :- PRINCIPLE OF UTMOST GOOD FAITH, PRINCIPLE OF INSURABLE INTEREST, PRINCIPLE OF INDEMNITY, PRINCIPLE OF CONTRIBUTION, PRINCIPLE OF SUBROGATION, PRINCIPLE OF LOSS MINIMIZATION, AND PRINCIPLE OF CAUSA PROXIMA (NEAREST CAUSE) ď‚— PRINCIPLES OF INSURANCE
  • 8. Principle of Uberrimae fidei (a Latin phrase), or in simple english words, the Principle of Utmost Good Faith, is a very basic and first primary principle of insurance. According to this principle, the insurance contract must be signed by both parties (i.e. insurer and insured) in an absolute good faith or belief or trust. The person getting insured must willingly disclose and surrender to the insurer his complete true information regarding the subject matter of insurance. The insurer's liability gets void (i.e. legally revoked or cancelled) if any facts, about the subject matter of insurance are either omitted, hidden, falsified or presented in a wrong manner by the insured. ď‚— 1. Principle of Uberrimae fidei (Utmost Good Faith)
  • 9. It states that the person getting insured must have insurable interest in the object of insurance. A person has an insurable interest when the physical existence of the insured object gives him some gain but its non-existence will give him a loss. In simple words, the insured person must suffer some financial loss by the damage of the insured object. For example :- The owner of a taxicab has insurable interest in the taxicab because he is getting income from it. But, if he sells it, he will not have an insurable interest left in that taxicab. ď‚— 2. Principle of Insurable Interest
  • 10. Indemnity means security, protection and compensation given against damage, loss or injury. According to the principle of indemnity, an insurance contract is signed only for getting protection against unpredicted financial losses arising due to future uncertainties. Insurance contract is not made for making profit else its sole purpose is to give compensation in case of any damage or loss. ď‚— 3. Principle of Indemnity
  • 11. Principle of Contribution is a corollary of the principle of indemnity. It applies to all contracts of indemnity, if the insured has taken out more than one policy on the same subject matter. According to this principle, the insured can claim the compensation only to the extent of actual loss either from all insurers or from any one insurer. If one insurer pays full compensation then that insurer can claim proportionate claim from the other insurers. ď‚— 4. Principle of Contribution
  • 12. Subrogation means substituting one creditor for another. Principle of Subrogation is an extension and another corollary of the principle of indemnity. It also applies to all contracts of indemnity. According to the principle of subrogation, when the insured is compensated for the losses due to damage to his insured property, then the ownership right of such property shifts to the insurer. This principle is applicable only when the damaged property has any value after the event causing the damage. The insurer can benefit out of subrogation rights only to the extent of the amount he has paid to the insured as compensation. ď‚— 5. Principle of Subrogation
  • 13. According to the Principle of Loss Minimization, insured must always try his level best to minimize the loss of his insured property, in case of uncertain events like a fire outbreak or blast, etc. The insured must take all possible measures and necessary steps to control and reduce the losses in such a scenario. The insured must not neglect and behave irresponsibly during such events just because the property is insured. Hence it is a responsibility of the insured to protect his insured property and avoid further losses. ď‚— 6. Principle of Loss Minimization
  • 14. Principle of Causa Proxima (a Latin phrase), or in simple english words, the Principle of Proximate (i.e. Nearest) Cause, means when a loss is caused by more than one causes, the proximate or the nearest or the closest cause should be taken into consideration to decide the liability of the insurer. The principle states that to find out whether the insurer is liable for the loss or not, the proximate (closest) and not the remote (farthest) must be looked into. However, in case of life insurance, the principle of Causa Proxima does not apply. Whatever may be the reason of death (whether a natural death or an unnatural death) the insurer is liable to pay the amount of insurance. ď‚— 7. Principle of Causa Proxima (Nearest Cause)