AIA confidential and proprietary information. Not for distribution.
AIA.COM
PCE – Part A(1) The Basic Of
Insurance
• Revision 01 (25/11/2011)
AIA confidential and proprietary information. Not for distribution.
2
INTRODUCTION OF INSURANCE
CHAPTER 1
AIA confidential and proprietary information. Not for distribution.
3
UNFORTUNATE EVENTS OF RISK
Need for Income Sources of Income
AIA confidential and proprietary information. Not for distribution.
4
How Insurance Works?
• Some forms of risk
• Pooling of Risk
• Concept of Insurance
• Fund Has to Meet
• Fund Can Become Deficit
• Premium have to be adequate in Competitive
Market
AIA confidential and proprietary information. Not for distribution.
5
The Law of Large Numbers
• Large number of similar loss exposure
• Loss exposure must be independent
• Random or chance occurrence of losses
AIA confidential and proprietary information. Not for distribution.
6
What is Insurance?
• Protection against financial loss caused by
fortuitous events
• Essential features of Insurance
–Economic institution
–Based on principle of mutuality or cooperation
–Objective is to accumulate funds to pay claims
–Only certain risk can be insured
AIA confidential and proprietary information. Not for distribution.
7
Functions of Insurance
Primary Function
Equitable distribution of the financial losses of the few who
are insured among the many insured
Secondary Functions
• Cost stabilization
• Stimulates business
enterprise
• Removes fear and worries
• Reduction of losses
•Means of saving
•Sources of capital for
investment
•Provides employment
for many
AIA confidential and proprietary information. Not for distribution.
8
AIA confidential and proprietary information. Not for distribution.
9
History of Insurance
• Earliest Beginning of Insurance
• Marine Insurance
• 1706 – Amicable Society for a Perpetual
Assurance
• 1762 – Equitable Assurance – Level Premium
System
AIA confidential and proprietary information. Not for distribution.
10
Insurance in Malaysia
• 18th
Century – British System
• Principal document governing the conduct of
insurance business in Malaysia
–Insurance Act 1963
–Insurance Act 1996
AIA confidential and proprietary information. Not for distribution.
11
Role of an Insurance Agent
• Bring financial relief
(aggrieved dependents)
• Bring financial relief
(property loss)
• Inculcate the discipline of savings
• Provide other forms of insurance related services
to the public.
AIA confidential and proprietary information. Not for distribution.
12
CHAPTER 2
NATURE OF RISK & RISK MANAGEMENT
AIA confidential and proprietary information. Not for distribution.
13
Concept of Insurance
Perils Losses
Fire Property
Profit/ Revenue
Lives (at times)
Illness Future Earnings
Medical Expenses
Negligence Court Awards
Legal Expenses
AIA confidential and proprietary information. Not for distribution.
14
Concept of Insurance
AIA confidential and proprietary information. Not for distribution.
15
• Fundamental
(Entire Economy)
• Particular
(Individuals)
Basic Categories of Risk
• Pure
(Loss or No Loss)
• Speculative
(Profit, Loss or No
Loss)
AIA confidential and proprietary information. Not for distribution.
16
Methods of Handling Risk
Risk Avoidance
Loss Control
Loss Prevention
Loss Minimization
Risk Retention
Risk Transfer
Non Insurance Contract
Insurance Contract
AIA confidential and proprietary information. Not for distribution.
17
The Risk Management Process
C O N T R O L
I M P L E M E N T A T I O N
S E L E C T I O N
E V A L U A T I O N
I D E N T I F I C A T I O N
AIA confidential and proprietary information. Not for distribution.
18
Characteristic of Insurable Interest
 Financial Values
 Large number of similar risk
 Pure risk only
 No catastrophic losses
AIA confidential and proprietary information. Not for distribution.
19
Characteristic of Insurable Interest
 Fortuitous losses
 Insurable interest
 Legal and not against public policy
 Reasonable Premium
AIA confidential and proprietary information. Not for distribution.
20
CHAPTER 3
THE BASIC PRINCIPLES OF INSURANCE
&
AN INTRODUCTION TO TAKAFUL
AIA confidential and proprietary information. Not for distribution.
21
Principles of Insurance
• Insurable Interest
• Utmost Good Faith
• Indemnity
• Subrogation
• Contribution
• Proximate Cause
AIA confidential and proprietary information. Not for distribution.
22
Insurable Interest
Subject Matter of Insurance
Subject Matter of the Insurance Contract
100K
Fire
Insurance
AIA confidential and proprietary information. Not for distribution.
23
Insurable Interest
• When Must Insurable Interest Exist?
• Who Has Insurable Interest?
AIA confidential and proprietary information. Not for distribution.
24
AIA confidential and proprietary information. Not for distribution.
25
NON DISCLOSURE MISREPRESENTATION
BREACHES OF UTMOST
GOOD FAITH
VOIDABLE
CONTRACT
UTMOST GOOD FAITH
AIA confidential and proprietary information. Not for distribution.
26
INDEMNITY
• General Insurance- Contracts of Indemnity
• Life & PA are not contracts of Indemnity
AIA confidential and proprietary information. Not for distribution.
27
REINSTATEMENTREINSTATEMENT
REPLACEMENTREPLACEMENT
REPAIRREPAIR
CASHCASH
METHODS OF
INDEMNITY
METHODS OF
INDEMNITY
INDEMNITY
AIA confidential and proprietary information. Not for distribution.
28
SUBROGATION
An insured who has indemnified an insured for a loss
may exercise the insured’s rights to claim from the
third party in respect of the loss
AIA confidential and proprietary information. Not for distribution.
29
PROXIMATE CAUSE
• Which amongst many cause of losses can be
taken to be the dominant cause of loss?
AIA confidential and proprietary information. Not for distribution.
30
TAKAFUL
TABARUK MUDHARABAH
PRINCIPLES OF TAKAFUL OPERATION
AIA confidential and proprietary information. Not for distribution.
31
THE INSURANCE MARKET
Chapter 4
CHAPTER 4
AIA confidential and proprietary information. Not for distribution.
32
INSURANCE MARKET: MAIN COMPONENTS
SELLERS
INTERMEDIARIES
BUYERS
AIA confidential and proprietary information. Not for distribution.
33
MAIN COMPONENTS- BUYERS
• Individuals
• Association
• Societies
• Small Business Enterprises
• Corporation
• Public Enterprises
AIA confidential and proprietary information. Not for distribution.
34
MAIN COMPONENTS: SELLERS
• Life Insurer
• General Insurers
• Composite Insurers
 Proprietary Company
 Co-operative Society
AIA confidential and proprietary information. Not for distribution.
35
MAIN COMPONENTS: INTERMEDIARIES
• AGENTS
• BROKERS
AIA confidential and proprietary information. Not for distribution.
36
OTHERS COMPONENTS:SERVICE SPECIALIST
• Doctors
• Hospitals
• Engineers
• Marine and Cargo Surveyors
• Loss Adjuster / Investigators
• Loss Assessors
AIA confidential and proprietary information. Not for distribution.
37
OTHERS COMPONENTS
• Reinsures
AIA confidential and proprietary information. Not for distribution.
38
ORGANIZATION STRUCTURE
• Administration
• Electronic Data Processing (EDP)
• Accounting
• Investment
• Agency or Sales
AIA confidential and proprietary information. Not for distribution.
39
 Marketing
 Underwriting
 Claims
 Customer Service
 Actuarial
ORGANIZATION STRUCTURE
AIA confidential and proprietary information. Not for distribution.
40
Insurance Related Institution:General insurance
• Motor Insurers’ Bureau (MIB)
• Insurance Mediation Bureau (IMB)
• Persatuan Insurance Am Malaysia (PIAM)
• Insurance Brokers’ Association of Malaysia (PIAM)
• Association of Malaysia Loss Adjustor (AMLA)
AIA confidential and proprietary information. Not for distribution.
41
Insurance Related Institution : Life Insurance
• Life Insurance of Association of Malaysia
(LIAM)
• National Association of Malaysia Life
Financial Advisors (NAMLIFA)
• The Actuarial Society of Malaysia (ASM)
• The Malaysian Insurance Institute (MII)
AIA confidential and proprietary information. Not for distribution.
42
CONSUMER PROTECTION
&
STATUTORY REGULATIONS
AT & D- Center for Learning Excellence
CHAPTER 5
AIA confidential and proprietary information. Not for distribution.
43
SELF REGULATION
OBJECTIVES:
•Instill Discipline
•Protection to Consumer
AIA confidential and proprietary information. Not for distribution.
44
RELATED ASSOCIATION
• PIAM
• IBAM
• AMLA
• LIAM
General Insurance Life Insurance
AIA confidential and proprietary information. Not for distribution.
45
STATUTORY REGULATION
• Enforcement of Insurance Act 1996 by
Director General of Insurance
• Purpose of Regulation:
Protection of Public Interest
Promotion of Fairness & Equity
Fostering of Competence
Playing a Development Role
AIA confidential and proprietary information. Not for distribution.
46
THE COMPANIES ACT 1965
• Prepare & submit annual accounts
• Methods of valuing assets
• Method of valuing liabilities
• Provision for depreciation
THE PRINCIPAL IS REQUIRED TO:
AIA confidential and proprietary information. Not for distribution. 47
THE INSURANCE CONTRACT
AT & D- Center for Learning Excellence
CHAPTER 6
AIA confidential and proprietary information. Not for distribution.
48
ESSENTIALS OF AN INSURANCE CONTRACT
 Intention to create a legal relationship
 Offer & Acceptance
 Consent- Consensus Ad Idem
 Consideration
 Legal capacity to contract
 Legality of the contract
AIA confidential and proprietary information. Not for distribution.
49
DEFECTIVE CONTRACT
Can be classified into three fold:
 VOID
 VOIDABLE
 UNENFORCEABLE
AIA confidential and proprietary information. Not for distribution.
50
DEFECTIVE CONTRACT
VOIDVOID
 Law held to be no contract at all
 Totally invalid
 Cannot be enforced in a court of law
AIA confidential and proprietary information. Not for distribution.
51
DEFECTIVE CONTRACT
 Valid at the beginning
 Remain valid until the aggrieved party
exercises to treat it void
VOIDABLEVOIDABLE
AIA confidential and proprietary information. Not for distribution.
52
DEFECTIVE CONTRACT
 Failure to comply with legal formalities
UNENFORCEABLEUNENFORCEABLE
AIA confidential and proprietary information. Not for distribution.
53
LAW OF AGENCY
AT & D- Center for Learning Excellence
CHAPTER 7
AIA confidential and proprietary information. Not for distribution.
54
AUTHORITY OF AN AGENT
• Express Authority
• Implied Authority
• Usual Authority
• Apparent or Ostensible Authority
• Ratification
AIA confidential and proprietary information. Not for distribution.
55
CLASSES OF AGENT
 SPECIAL AGENT
 GENERAL AGENT
 UNIVERSAL AGENT
AIA confidential and proprietary information. Not for distribution.
56
DUTIES OF AN AGENT
 NO conflict of interest
 DO NOT disclose confidential information
 DO NOT take any secret profit or bribe
 DO NOT delegate duties to sub-agent
AIA confidential and proprietary information. Not for distribution.
57
OBLIGATIONS OF THE PRINCIPAL
• Pay remuneration &
expenses as agreed or,
falling agreement as is
customary; or falling a
custom, to pay what is
reasonable
• Indemnify the agent
against consequences of
any act lawfully done,
within his authority, on
behalf of his principal
AIA confidential and proprietary information. Not for distribution.
58
TERMINATION OF AGENCY
• REVOCATION
• RENUNCIATION
• COMPLETION
• EXPIRATION
AIA confidential and proprietary information. Not for distribution.
59
• MUTUAL AGREEMENT
• DEATH, LUNACY OR BANKRUPTCY
• OPERATION OF LAW
TERMINATION OF AGENCY
AIA confidential and proprietary information. Not for distribution. 60
CHARACTERISTICS OF INSURANCE AGENTS
Insurance agents are agents of whom?
 Insurer ~ “Qui Facit Per Alium Facit Per Se”
 Insured ~ “Assisting clients on filling up the
application form”
AIA confidential and proprietary information. Not for distribution.
61
THE INSURANCE ACT, 1996 [SECTION 151]
“A person who is authorized by an insurer to be its
insurance agent and who solicits or negotiates a
contract of insurance in that capacity shall be deemed,
for the purpose of the formation of the contract, to be
the agent of the insurer and the knowledge of that
insurance agent shall be deemed to be the knowledge
of the insurer”
Law of Agency p.p 7/6
AIA confidential and proprietary information. Not for distribution.
62
THE INSURANCE ACT, 1996 [SECTION 151]
shall not apply…..
Where there is collusion or connivance between
the insurance agent and the proposer in the
formation of the contract of insurance
AIA confidential and proprietary information. Not for distribution.
63
THE INSURANCE ACT, 1996 [SECTION 151]
shall not apply…..cont’
Where a person has ceased to be an insurance
agent of a insurer and it has taken reasonable steps
to inform, or bring to the knowledge of, potential
policy owners and the public in general of the fact of
such cessation
AIA confidential and proprietary information. Not for distribution.
64
THE INSURANCE ACT, 1996 [ SECTION 150 (4) ]
No licensed insurer or insurance agent, in order to
induce a person to enter into or offer to enter into a
contract of insurance with it or through him…
shall make a statement, which is misleading, false
or deceptive, whether fraudulently or otherwise
AIA confidential and proprietary information. Not for distribution.
65
THE INSURANCE ACT, 1996 [ SECTION 150 (4) ]
shall fraudulently conceal a material fact; or
in the case of an insurance agent,, use sales
brochures or sales illustration not authorized by the
licensed insurer
PENALTY: ONE MILLION RINGGIT
AIA confidential and proprietary information. Not for distribution.
66
CHARACTERISTICS OF INSURANCE AGENTS
• PREMIUM COLLECTIONS
–E.g. Home service life policy
AIA confidential and proprietary information. Not for distribution.
67
CHARACTERISTICS OF INSURANCE AGENTS
• THE CREATION OF THE
RELATIONSHIP
• THE EXTENT OF THE AGENT’S
AUTHORITY
AIA confidential and proprietary information. Not for distribution.
68
MARKETING
&
AFTER SALES SERVICES
AT & D- Center for Learning Excellence
CHAPTER 8
AIA confidential and proprietary information. Not for distribution.
69
SALES VS. MARKETING
• Often do not meet
consumer needs
• Developed &
Marketed with the
consumers’ need
in mind
Sales Oriented
Products
Market Oriented
Products
Vs.
AIA confidential and proprietary information. Not for distribution.
70
• Planning & Controlling
• Market Identification
• Product Development
• Pricing
• Selection of Distribution Channel
• Promotion
FUNCTIONS OF THE MARKETING DEPARTMENT
AIA confidential and proprietary information. Not for distribution.
71
Sales
Interview
Handling
Objections
Sales
presentation
Closing
Prospecting
THE SELLINGTHE SELLING
PROCESSPROCESS
AIA confidential and proprietary information. Not for distribution. 72
CONSUMER BUYING DECISION PROCESS
Problem Recognition
Information Search
Evaluation of alternative
polices
Purchase
Post-Purchase evaluation
AIA confidential and proprietary information. Not for distribution.
73
PERSONAL SELLING
• Product knowledge
• Market selling
• Selling techniques
Order processing
Creative selling
Missionary selling
Agent has to gain expertise in:

Pce part a chapter 1-8

  • 1.
    AIA confidential andproprietary information. Not for distribution. AIA.COM PCE – Part A(1) The Basic Of Insurance • Revision 01 (25/11/2011)
  • 2.
    AIA confidential andproprietary information. Not for distribution. 2 INTRODUCTION OF INSURANCE CHAPTER 1
  • 3.
    AIA confidential andproprietary information. Not for distribution. 3 UNFORTUNATE EVENTS OF RISK Need for Income Sources of Income
  • 4.
    AIA confidential andproprietary information. Not for distribution. 4 How Insurance Works? • Some forms of risk • Pooling of Risk • Concept of Insurance • Fund Has to Meet • Fund Can Become Deficit • Premium have to be adequate in Competitive Market
  • 5.
    AIA confidential andproprietary information. Not for distribution. 5 The Law of Large Numbers • Large number of similar loss exposure • Loss exposure must be independent • Random or chance occurrence of losses
  • 6.
    AIA confidential andproprietary information. Not for distribution. 6 What is Insurance? • Protection against financial loss caused by fortuitous events • Essential features of Insurance –Economic institution –Based on principle of mutuality or cooperation –Objective is to accumulate funds to pay claims –Only certain risk can be insured
  • 7.
    AIA confidential andproprietary information. Not for distribution. 7 Functions of Insurance Primary Function Equitable distribution of the financial losses of the few who are insured among the many insured Secondary Functions • Cost stabilization • Stimulates business enterprise • Removes fear and worries • Reduction of losses •Means of saving •Sources of capital for investment •Provides employment for many
  • 8.
    AIA confidential andproprietary information. Not for distribution. 8
  • 9.
    AIA confidential andproprietary information. Not for distribution. 9 History of Insurance • Earliest Beginning of Insurance • Marine Insurance • 1706 – Amicable Society for a Perpetual Assurance • 1762 – Equitable Assurance – Level Premium System
  • 10.
    AIA confidential andproprietary information. Not for distribution. 10 Insurance in Malaysia • 18th Century – British System • Principal document governing the conduct of insurance business in Malaysia –Insurance Act 1963 –Insurance Act 1996
  • 11.
    AIA confidential andproprietary information. Not for distribution. 11 Role of an Insurance Agent • Bring financial relief (aggrieved dependents) • Bring financial relief (property loss) • Inculcate the discipline of savings • Provide other forms of insurance related services to the public.
  • 12.
    AIA confidential andproprietary information. Not for distribution. 12 CHAPTER 2 NATURE OF RISK & RISK MANAGEMENT
  • 13.
    AIA confidential andproprietary information. Not for distribution. 13 Concept of Insurance Perils Losses Fire Property Profit/ Revenue Lives (at times) Illness Future Earnings Medical Expenses Negligence Court Awards Legal Expenses
  • 14.
    AIA confidential andproprietary information. Not for distribution. 14 Concept of Insurance
  • 15.
    AIA confidential andproprietary information. Not for distribution. 15 • Fundamental (Entire Economy) • Particular (Individuals) Basic Categories of Risk • Pure (Loss or No Loss) • Speculative (Profit, Loss or No Loss)
  • 16.
    AIA confidential andproprietary information. Not for distribution. 16 Methods of Handling Risk Risk Avoidance Loss Control Loss Prevention Loss Minimization Risk Retention Risk Transfer Non Insurance Contract Insurance Contract
  • 17.
    AIA confidential andproprietary information. Not for distribution. 17 The Risk Management Process C O N T R O L I M P L E M E N T A T I O N S E L E C T I O N E V A L U A T I O N I D E N T I F I C A T I O N
  • 18.
    AIA confidential andproprietary information. Not for distribution. 18 Characteristic of Insurable Interest  Financial Values  Large number of similar risk  Pure risk only  No catastrophic losses
  • 19.
    AIA confidential andproprietary information. Not for distribution. 19 Characteristic of Insurable Interest  Fortuitous losses  Insurable interest  Legal and not against public policy  Reasonable Premium
  • 20.
    AIA confidential andproprietary information. Not for distribution. 20 CHAPTER 3 THE BASIC PRINCIPLES OF INSURANCE & AN INTRODUCTION TO TAKAFUL
  • 21.
    AIA confidential andproprietary information. Not for distribution. 21 Principles of Insurance • Insurable Interest • Utmost Good Faith • Indemnity • Subrogation • Contribution • Proximate Cause
  • 22.
    AIA confidential andproprietary information. Not for distribution. 22 Insurable Interest Subject Matter of Insurance Subject Matter of the Insurance Contract 100K Fire Insurance
  • 23.
    AIA confidential andproprietary information. Not for distribution. 23 Insurable Interest • When Must Insurable Interest Exist? • Who Has Insurable Interest?
  • 24.
    AIA confidential andproprietary information. Not for distribution. 24
  • 25.
    AIA confidential andproprietary information. Not for distribution. 25 NON DISCLOSURE MISREPRESENTATION BREACHES OF UTMOST GOOD FAITH VOIDABLE CONTRACT UTMOST GOOD FAITH
  • 26.
    AIA confidential andproprietary information. Not for distribution. 26 INDEMNITY • General Insurance- Contracts of Indemnity • Life & PA are not contracts of Indemnity
  • 27.
    AIA confidential andproprietary information. Not for distribution. 27 REINSTATEMENTREINSTATEMENT REPLACEMENTREPLACEMENT REPAIRREPAIR CASHCASH METHODS OF INDEMNITY METHODS OF INDEMNITY INDEMNITY
  • 28.
    AIA confidential andproprietary information. Not for distribution. 28 SUBROGATION An insured who has indemnified an insured for a loss may exercise the insured’s rights to claim from the third party in respect of the loss
  • 29.
    AIA confidential andproprietary information. Not for distribution. 29 PROXIMATE CAUSE • Which amongst many cause of losses can be taken to be the dominant cause of loss?
  • 30.
    AIA confidential andproprietary information. Not for distribution. 30 TAKAFUL TABARUK MUDHARABAH PRINCIPLES OF TAKAFUL OPERATION
  • 31.
    AIA confidential andproprietary information. Not for distribution. 31 THE INSURANCE MARKET Chapter 4 CHAPTER 4
  • 32.
    AIA confidential andproprietary information. Not for distribution. 32 INSURANCE MARKET: MAIN COMPONENTS SELLERS INTERMEDIARIES BUYERS
  • 33.
    AIA confidential andproprietary information. Not for distribution. 33 MAIN COMPONENTS- BUYERS • Individuals • Association • Societies • Small Business Enterprises • Corporation • Public Enterprises
  • 34.
    AIA confidential andproprietary information. Not for distribution. 34 MAIN COMPONENTS: SELLERS • Life Insurer • General Insurers • Composite Insurers  Proprietary Company  Co-operative Society
  • 35.
    AIA confidential andproprietary information. Not for distribution. 35 MAIN COMPONENTS: INTERMEDIARIES • AGENTS • BROKERS
  • 36.
    AIA confidential andproprietary information. Not for distribution. 36 OTHERS COMPONENTS:SERVICE SPECIALIST • Doctors • Hospitals • Engineers • Marine and Cargo Surveyors • Loss Adjuster / Investigators • Loss Assessors
  • 37.
    AIA confidential andproprietary information. Not for distribution. 37 OTHERS COMPONENTS • Reinsures
  • 38.
    AIA confidential andproprietary information. Not for distribution. 38 ORGANIZATION STRUCTURE • Administration • Electronic Data Processing (EDP) • Accounting • Investment • Agency or Sales
  • 39.
    AIA confidential andproprietary information. Not for distribution. 39  Marketing  Underwriting  Claims  Customer Service  Actuarial ORGANIZATION STRUCTURE
  • 40.
    AIA confidential andproprietary information. Not for distribution. 40 Insurance Related Institution:General insurance • Motor Insurers’ Bureau (MIB) • Insurance Mediation Bureau (IMB) • Persatuan Insurance Am Malaysia (PIAM) • Insurance Brokers’ Association of Malaysia (PIAM) • Association of Malaysia Loss Adjustor (AMLA)
  • 41.
    AIA confidential andproprietary information. Not for distribution. 41 Insurance Related Institution : Life Insurance • Life Insurance of Association of Malaysia (LIAM) • National Association of Malaysia Life Financial Advisors (NAMLIFA) • The Actuarial Society of Malaysia (ASM) • The Malaysian Insurance Institute (MII)
  • 42.
    AIA confidential andproprietary information. Not for distribution. 42 CONSUMER PROTECTION & STATUTORY REGULATIONS AT & D- Center for Learning Excellence CHAPTER 5
  • 43.
    AIA confidential andproprietary information. Not for distribution. 43 SELF REGULATION OBJECTIVES: •Instill Discipline •Protection to Consumer
  • 44.
    AIA confidential andproprietary information. Not for distribution. 44 RELATED ASSOCIATION • PIAM • IBAM • AMLA • LIAM General Insurance Life Insurance
  • 45.
    AIA confidential andproprietary information. Not for distribution. 45 STATUTORY REGULATION • Enforcement of Insurance Act 1996 by Director General of Insurance • Purpose of Regulation: Protection of Public Interest Promotion of Fairness & Equity Fostering of Competence Playing a Development Role
  • 46.
    AIA confidential andproprietary information. Not for distribution. 46 THE COMPANIES ACT 1965 • Prepare & submit annual accounts • Methods of valuing assets • Method of valuing liabilities • Provision for depreciation THE PRINCIPAL IS REQUIRED TO:
  • 47.
    AIA confidential andproprietary information. Not for distribution. 47 THE INSURANCE CONTRACT AT & D- Center for Learning Excellence CHAPTER 6
  • 48.
    AIA confidential andproprietary information. Not for distribution. 48 ESSENTIALS OF AN INSURANCE CONTRACT  Intention to create a legal relationship  Offer & Acceptance  Consent- Consensus Ad Idem  Consideration  Legal capacity to contract  Legality of the contract
  • 49.
    AIA confidential andproprietary information. Not for distribution. 49 DEFECTIVE CONTRACT Can be classified into three fold:  VOID  VOIDABLE  UNENFORCEABLE
  • 50.
    AIA confidential andproprietary information. Not for distribution. 50 DEFECTIVE CONTRACT VOIDVOID  Law held to be no contract at all  Totally invalid  Cannot be enforced in a court of law
  • 51.
    AIA confidential andproprietary information. Not for distribution. 51 DEFECTIVE CONTRACT  Valid at the beginning  Remain valid until the aggrieved party exercises to treat it void VOIDABLEVOIDABLE
  • 52.
    AIA confidential andproprietary information. Not for distribution. 52 DEFECTIVE CONTRACT  Failure to comply with legal formalities UNENFORCEABLEUNENFORCEABLE
  • 53.
    AIA confidential andproprietary information. Not for distribution. 53 LAW OF AGENCY AT & D- Center for Learning Excellence CHAPTER 7
  • 54.
    AIA confidential andproprietary information. Not for distribution. 54 AUTHORITY OF AN AGENT • Express Authority • Implied Authority • Usual Authority • Apparent or Ostensible Authority • Ratification
  • 55.
    AIA confidential andproprietary information. Not for distribution. 55 CLASSES OF AGENT  SPECIAL AGENT  GENERAL AGENT  UNIVERSAL AGENT
  • 56.
    AIA confidential andproprietary information. Not for distribution. 56 DUTIES OF AN AGENT  NO conflict of interest  DO NOT disclose confidential information  DO NOT take any secret profit or bribe  DO NOT delegate duties to sub-agent
  • 57.
    AIA confidential andproprietary information. Not for distribution. 57 OBLIGATIONS OF THE PRINCIPAL • Pay remuneration & expenses as agreed or, falling agreement as is customary; or falling a custom, to pay what is reasonable • Indemnify the agent against consequences of any act lawfully done, within his authority, on behalf of his principal
  • 58.
    AIA confidential andproprietary information. Not for distribution. 58 TERMINATION OF AGENCY • REVOCATION • RENUNCIATION • COMPLETION • EXPIRATION
  • 59.
    AIA confidential andproprietary information. Not for distribution. 59 • MUTUAL AGREEMENT • DEATH, LUNACY OR BANKRUPTCY • OPERATION OF LAW TERMINATION OF AGENCY
  • 60.
    AIA confidential andproprietary information. Not for distribution. 60 CHARACTERISTICS OF INSURANCE AGENTS Insurance agents are agents of whom?  Insurer ~ “Qui Facit Per Alium Facit Per Se”  Insured ~ “Assisting clients on filling up the application form”
  • 61.
    AIA confidential andproprietary information. Not for distribution. 61 THE INSURANCE ACT, 1996 [SECTION 151] “A person who is authorized by an insurer to be its insurance agent and who solicits or negotiates a contract of insurance in that capacity shall be deemed, for the purpose of the formation of the contract, to be the agent of the insurer and the knowledge of that insurance agent shall be deemed to be the knowledge of the insurer” Law of Agency p.p 7/6
  • 62.
    AIA confidential andproprietary information. Not for distribution. 62 THE INSURANCE ACT, 1996 [SECTION 151] shall not apply….. Where there is collusion or connivance between the insurance agent and the proposer in the formation of the contract of insurance
  • 63.
    AIA confidential andproprietary information. Not for distribution. 63 THE INSURANCE ACT, 1996 [SECTION 151] shall not apply…..cont’ Where a person has ceased to be an insurance agent of a insurer and it has taken reasonable steps to inform, or bring to the knowledge of, potential policy owners and the public in general of the fact of such cessation
  • 64.
    AIA confidential andproprietary information. Not for distribution. 64 THE INSURANCE ACT, 1996 [ SECTION 150 (4) ] No licensed insurer or insurance agent, in order to induce a person to enter into or offer to enter into a contract of insurance with it or through him… shall make a statement, which is misleading, false or deceptive, whether fraudulently or otherwise
  • 65.
    AIA confidential andproprietary information. Not for distribution. 65 THE INSURANCE ACT, 1996 [ SECTION 150 (4) ] shall fraudulently conceal a material fact; or in the case of an insurance agent,, use sales brochures or sales illustration not authorized by the licensed insurer PENALTY: ONE MILLION RINGGIT
  • 66.
    AIA confidential andproprietary information. Not for distribution. 66 CHARACTERISTICS OF INSURANCE AGENTS • PREMIUM COLLECTIONS –E.g. Home service life policy
  • 67.
    AIA confidential andproprietary information. Not for distribution. 67 CHARACTERISTICS OF INSURANCE AGENTS • THE CREATION OF THE RELATIONSHIP • THE EXTENT OF THE AGENT’S AUTHORITY
  • 68.
    AIA confidential andproprietary information. Not for distribution. 68 MARKETING & AFTER SALES SERVICES AT & D- Center for Learning Excellence CHAPTER 8
  • 69.
    AIA confidential andproprietary information. Not for distribution. 69 SALES VS. MARKETING • Often do not meet consumer needs • Developed & Marketed with the consumers’ need in mind Sales Oriented Products Market Oriented Products Vs.
  • 70.
    AIA confidential andproprietary information. Not for distribution. 70 • Planning & Controlling • Market Identification • Product Development • Pricing • Selection of Distribution Channel • Promotion FUNCTIONS OF THE MARKETING DEPARTMENT
  • 71.
    AIA confidential andproprietary information. Not for distribution. 71 Sales Interview Handling Objections Sales presentation Closing Prospecting THE SELLINGTHE SELLING PROCESSPROCESS
  • 72.
    AIA confidential andproprietary information. Not for distribution. 72 CONSUMER BUYING DECISION PROCESS Problem Recognition Information Search Evaluation of alternative polices Purchase Post-Purchase evaluation
  • 73.
    AIA confidential andproprietary information. Not for distribution. 73 PERSONAL SELLING • Product knowledge • Market selling • Selling techniques Order processing Creative selling Missionary selling Agent has to gain expertise in: