Basics of Insurance
Principles of Life Insurance
The Indian Contract Act 1872A contract is an agreement between two or more parties to do or to abstain from doing an act  and which is intended to create a legally binding relationship
Is Life Insurance a Legal Contract?Intention is legalProposer offers-insurer acceptsPremium is considerationInsured must be major with sound mind-capacity to contractInsured and Insurer are in agreement –of same mind and free consentYes, since all essentials of valid contract are present
Principles of Life InsuranceInsurance Contract is based on Fair Play
Utmost Good FaithA Positive Duty to voluntarily disclose, accurately and fully, all facts material to risk being proposed, whether requested or not
What is a material FactWhich InfluencesThe Mind of a Prudent UnderwriterAny Fact or CircumstanceIn determining whether to take the riskIn Fixing the premium
Materials facts that need not to be disclosedFacts Of Common KnowledgeFacts Of LawNeed not  beMaterial FactsDisclosedFacts Which Lessen RiskFacts that can be discoveredWith reasonable diligence
Breach Of Utmost Good FaithBreach Of Utmost Good FaithMisrepresentationNon-Disclosure
Section 45 of the Insurance Act,1938PolicyStart Date2 yearsIf Material Facts discovered within2 years of the policy then the insurer can declare the policy null and voidThe policy cannot be called in question after 2 years, on the grounds of inaccurate or false statement unless it is proved to be material and fraudulent.
What is Insurable Interest ?Recognized in Law and gives Legal Right to a personRelationship with subject MatterTo insure that Subject MatterInsurable Interest is the monetary interest
What is Insurable Interest ?Insurable Interest is not defined in Insurance Act 1938If No Insurable Interest .A contract is a Wagering Contract which is voidSection 30Indian Contract Act 1872Insurable Interest is a Legal Pre Requisite
Who have insurable interest in each otherAny person in himselfHusband and wife in each otherCreditor on Debtor(To the Extent of Outstanding Mortgage with Interest)Surety on Principal(To the extent of Debt)Partners in businessEmployer  on its employeesParents in Lives of their Minor Children
When do these principles apply?Insurable Interest interest is required at the time of inception of the contractUtmost Good Faith is required Throughout the contract
Principle Of IndemnityInsurance is meant to compensate the lossesThe Mechanism of Insurance cannot be used to make profitsAmount of claim cannot exceed the amount of loss incurredInsurance makes good the lossIn Life Insurance, insurable interest on own life is unlimited hence Principle of indeminity does not apply but it does apply in General Insurance
Risk ManagementAvoidanceTransferRisk can Be managedRetention
Risks ManagementYou can avoid accidents by driving safelyAvoidanceYou have your own resources to take care of needs; (savings for rainy days)RetentionBuying insurance; transfer your risk to insurerTransfer
Classification of Needs Protection of the standard of living of family incase of early deathFuture Expenses eg. Children EducationIncome incase of Retirement or DisabilityHelps by facilitating borrowing
Key LearningsLife Insurance contract is also a legal contractThe proposer must declare all the facts properly in utmost good faithProposal Form is the basis of ContractSection 45 of Indian Insurance Act, stipulates that a policy cannot be called for question after 2 yearsInsurable Interest is a legal pre-requisite
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Insurance basics

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    The Indian ContractAct 1872A contract is an agreement between two or more parties to do or to abstain from doing an act and which is intended to create a legally binding relationship
  • 4.
    Is Life Insurancea Legal Contract?Intention is legalProposer offers-insurer acceptsPremium is considerationInsured must be major with sound mind-capacity to contractInsured and Insurer are in agreement –of same mind and free consentYes, since all essentials of valid contract are present
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    Principles of LifeInsuranceInsurance Contract is based on Fair Play
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    Utmost Good FaithAPositive Duty to voluntarily disclose, accurately and fully, all facts material to risk being proposed, whether requested or not
  • 7.
    What is amaterial FactWhich InfluencesThe Mind of a Prudent UnderwriterAny Fact or CircumstanceIn determining whether to take the riskIn Fixing the premium
  • 8.
    Materials facts thatneed not to be disclosedFacts Of Common KnowledgeFacts Of LawNeed not beMaterial FactsDisclosedFacts Which Lessen RiskFacts that can be discoveredWith reasonable diligence
  • 9.
    Breach Of UtmostGood FaithBreach Of Utmost Good FaithMisrepresentationNon-Disclosure
  • 10.
    Section 45 ofthe Insurance Act,1938PolicyStart Date2 yearsIf Material Facts discovered within2 years of the policy then the insurer can declare the policy null and voidThe policy cannot be called in question after 2 years, on the grounds of inaccurate or false statement unless it is proved to be material and fraudulent.
  • 11.
    What is InsurableInterest ?Recognized in Law and gives Legal Right to a personRelationship with subject MatterTo insure that Subject MatterInsurable Interest is the monetary interest
  • 12.
    What is InsurableInterest ?Insurable Interest is not defined in Insurance Act 1938If No Insurable Interest .A contract is a Wagering Contract which is voidSection 30Indian Contract Act 1872Insurable Interest is a Legal Pre Requisite
  • 13.
    Who have insurableinterest in each otherAny person in himselfHusband and wife in each otherCreditor on Debtor(To the Extent of Outstanding Mortgage with Interest)Surety on Principal(To the extent of Debt)Partners in businessEmployer on its employeesParents in Lives of their Minor Children
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    When do theseprinciples apply?Insurable Interest interest is required at the time of inception of the contractUtmost Good Faith is required Throughout the contract
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    Principle Of IndemnityInsuranceis meant to compensate the lossesThe Mechanism of Insurance cannot be used to make profitsAmount of claim cannot exceed the amount of loss incurredInsurance makes good the lossIn Life Insurance, insurable interest on own life is unlimited hence Principle of indeminity does not apply but it does apply in General Insurance
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    Risks ManagementYou canavoid accidents by driving safelyAvoidanceYou have your own resources to take care of needs; (savings for rainy days)RetentionBuying insurance; transfer your risk to insurerTransfer
  • 18.
    Classification of NeedsProtection of the standard of living of family incase of early deathFuture Expenses eg. Children EducationIncome incase of Retirement or DisabilityHelps by facilitating borrowing
  • 19.
    Key LearningsLife Insurancecontract is also a legal contractThe proposer must declare all the facts properly in utmost good faithProposal Form is the basis of ContractSection 45 of Indian Insurance Act, stipulates that a policy cannot be called for question after 2 yearsInsurable Interest is a legal pre-requisite
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