020-Neha Jesrani-Overview of Insurance Sector in India

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    OVERVIEW OF INSURANCE

    SECTOR IN INDIA

    (FOCUS ON LIFE INSURANCE)

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    Chapter 1 Introduction to Insurance

    1.1) Meaning of Insurance:

    Our lives, assets are valuable not only to us, but also to those who are dependent upon us. As

    responsible individuals we need to ensure that these remain valuable even after their loss. Hence

    insurance! In simple terms, insurance is a protection against financial loss arising due to the

    happening of an unexpected event.

    Insurance may be described as a social device to reduce or eliminate risk of loss to life and property.

    Under the plan of insurance, a large number of people associate themselves by sharing risks

    attached to individuals. The risks, which can be insured against, include fire, the perils of sea, death

    and accidents and burglary and other risks. Any risk contingent upon these may be insured against at

    a premium commensurate with the risk involved. Thus collective bearing of risk is insurance.

    In other words, Insurance is a system to make large financial losses more affordable by pooling the

    risks of many individuals and business entities and transferring them to an insurance company or

    other large group in return for a premium.

    1.1.1) Meaning of Risk/ insurance:

    Insurance is a contract whereby, in return for the payment of premium by the insured, the insurers

    pay the financial losses suffered by the insured as a result of the occurrence of unforeseen events.

    The term risk is used to describe all the accidental happenings, which produce a monetary loss.

    Insurance is a method in which a number of people exposed to similar risk make contributions to a

    common fund, of which the losses suffered by the unfortunate few due to accidental events are made

    good. Sharing of risk among large groups of people is the basis for insurance.

    The risk becomes insurable if the following requirements are complied with: The insured must suffer financial loss of the risk operates.

    The loss must be measurable in money.

    The object of the insurance contract must be legal.

    The insurer should have sufficient knowledge about the risk that he accepts

    1.2) Definitions:

    General definition:

    In the words of John Magee, Insurance is a plan by which large number of people associate

    themselves and transfer to the shoulders of all, risks that is attached to individuals.

    Fundamental definition:

    In the words of D.S. Hansell, Insurance may be defined as a social device providing financial

    compensation for the effects of misfortune, the payment being made from the accumulated

    contributions of all parties participating in the scheme.

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    Contractual definition:

    In the words of Justice Tindall, Insurance is a contract in which a sum of money is paid to the

    assured as consideration of insurers incurring the risk of paying a large sum upon a given

    contingency.

    1.3) Logic of insurance:

    It is a system by which the losses suffered by a few are spread over many, exposed to similar risks.

    Insurance is a protection against financial loss arising on the happening of an unexpected event.

    Insurance companies collect premiums to provide for this protection. A loss is paid out of the

    premiums collected from the insuring public and the Insurance Companies act as trustees to the

    amount collected.

    1.4) Basic insurance concepts:

    Insurance companies are business houses. The product they sell is financial protection. To succeed

    and survive, they must cover their costs, payments to others; cover the losses of policyholders, as

    also sales and administrative expenses, taxes and dividends. Insurance companies have two sources

    of income for covering these costs: premiums and investment income. Premiums are collected on a

    regular basis and invested in government bonds, gilts and stocks, Mutual Funds, real estates and

    other conservative avenues. However, investment income depends on market condition, interest

    rates, economy etc. and varies from year to year. Because of the uncertainty associated with theinvestment income, insurance companies must generate enough income from premiums to cover the

    bulk of their expenses. The primary function of insurance is protection against financial losses

    caused by unforeseen events. This protection is available to individuals, businessman and large

    companies alike.

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    1.5) The salient features of insurance are:

    It is a commercialized form of distributing risks among a group of persons. The fundamental idea

    underlying insurance is cooperation in the bearing of losses, which are likely to happen to any of a

    group of persons. The insured is relieved of a certain risk by an insurance contract and incurs a

    certain loss in the shape of premium. Thus it covers a few heavy losses by many small ones. The

    insurance company does not run any risk as the amount of the loss is known in advance andcollected in small premiums.

    It is superior to an ordinary savings plan as it affords full protection against risk of death. In case of

    death, the full sum assured is made available under a life assurance policy whereas under other

    savings schemes only the accumulated savings alone will be made available.

    It allows administering the legacy for beneficiaries. An insurance policy allows a policyholder to

    arrange that in the event of his death, the beneficiary should receive single sum payment of net

    claim amount by equal installments over a specified period of years or payment of the claim

    amount by smaller monthly installments over the selected period followed by a lump sum at the

    end.

    It hedges risk against unforeseen circumstances. Insurance of a life or an asset hedges the risk

    against any damages arising as a result of unforeseen circumstances.

    Insurance furnishes a safe and profitable investment. Life insurance contains an accumulating

    investment feature, which is absolutely safe and reaches large proportions in the later years of the

    policy.

    It affords protection against claims of the insured's creditors. The desire for such protection is

    perfectly natural and also important in view of the hazard of bankruptcy. Mostly insurable amount

    exempted from creditors' claims is limited to some reasonable amount.

    It helps eliminate worry and increases initiative. An insurance policy relieves the policyholder of

    future worry and increases his efficiency. Thus possession of an adequate life and health cover

    causes the average policyholder to eat better, sleep better, feel better and as a result of these, to

    work better.

    1.6) Characteristics of Insurance:

    Sharing of risks

    Cooperative device

    Evaluation of risk

    Payment on happening of a special event

    The amount of payment depends on the nature of losses incurred.

    1.7) Functions of insurance:

    Primary functions

    1. Provide protection - Insurance cannot check the happening of the risk, but can provide for the

    losses of risk.

    2. Collective bearing of risk - Insurance is a device to share the financial losses of few among

    many others.

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    Fundamentals

    of Insurance

    Insurable

    interest

    Proximatecause

    ContributionSubrogation

    Utmost faith

    3. Assessment of risk - Insurance determine the probable volume of risk by evaluating various

    factors that give rise to risk

    4. Provide certainty - Insurance is a device, which helps to change from uncertainty to certainty.

    Secondary functions

    1. Prevention of losses - Insurance cautions businessman and individuals to adopt suitable deviceto prevent unfortunate consequences of risk by observing safety instructions.

    2. Small capital to cover large risks - Insurance relives the businessman from security investment,

    by paying small amount of insurance against larger risks and uncertainty.

    3. Contributes towards development of larger industries.

    Other Functions

    Means of savings and investment.

    1.8) Fundamentals of insurance:

    Insurable interest:

    It means the legal right to insure. Insurable interest is a must and only then the insurance contract is

    enforceable by law. This principle differentiates a contract of insurance from a wager. Lack of

    insurable interest renders the contract null and void. For insurable interest to exist there must be

    property, rights and interest. Life or liability must be insured and the insured should have a legally

    recognizable relationship thereto. The insured should be benefited by the safety of the property or is

    prejudiced by its loss.

    Insurable interest may arise in the following manner:

    1. Ownership: Absolute ownership entitles the owner to insure the property. This is the commonest

    method whereby insurable interest arises.

    2. Partial interest is also insurable e.g. a mortgage. A creditor can also insure the life of his debtor

    but only to the extent of his loan.

    3. Administrators and executors i.e. officials appointed by a court of law to take care of a property

    may also insure the property.

    4. Relationship does not automatically constitute insurable interest. The only relationship recognized

    by law for this purpose is the one of husband & wife.

    5. An employer can insure an employee under a personal accidents policy as he has insurableinterest in them.

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    Proximate cause:

    Generally, the claims are payable under insurance policies if they arise out of events which are

    proximately caused by the insured perils. In other words, the proximate cause of the event has to be

    peril covered by the policy, so as to constitute a valid claim.

    Proximate cause has been defined as the active, efficient cause that sets in the motion a train ofevents which brings about a result without the intervention of any force started and working actively

    from a new and independent source.

    Contribution:

    An insured may have several insurance on the same subject matter. If he recovers his loss under all

    these insurances, he will obviously make a profit out of loss. This will be an infringement of the

    principle of indemnity. Common law has therefore evolved the doctrine of contribution whereby the

    insured is prevented from recovering more than his loss, despite his having several insurances on the

    subject matter.

    Subrogation:

    The principle of indemnity seeks to prevent the insured from making profit out of loss. However, it

    may so happen that the insured may recover his losses under his policy and may also give rights to

    third parties. If, after the insurance claim is settled, the insured is allowed to enforce his rights against

    third parties and to retain whatever damages he receives from them, he will certainly make a profit

    and the principle of indemnity will be infringed. Common law has therefore, evolved the doctrine of

    subrogation as corollary to the principle of indemnity.

    Subrogation may be defined as the transfer of the rights and remedies of the insured to the insurers

    who have indemnified the insured in respect of the loss. The common law right of subrogation is

    implied on all contracts on indemnity, as it arises only after payment of loss.

    Utmost Good Faith:

    In all general insurance contacts we know that a property or interest, liability or life is offered for

    insurance and the insured has to take decisions on the acceptance of the proposal. If he decides to

    accept the proposal a premium commensurate with the risk has to be charged. To enable him to take

    necessary decisions in this regard, the insurer must have certain facts about the risk offered. These

    facts influence the judgment of the insurer in deciding about the acceptance or otherwise of the risk

    and the rate of premium to be charged, if accepted. Such facts are known as material facts.

    1.9) Nature of insurance contracts:

    When the insured pays the premium and the insurers accept the risk, the contract of insurance is

    concluded. The policy issued by the insurers is the evidence of contract. The contract of insurance

    like any other contract is subject to the general law of contracts as embodied in the Indian Contract

    Act, 1872.

    According to this act, a contract must have certain essential features in order to make it legally valid

    and enforceable. The following are the essential elements:

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    1. Offer and Acceptance: Usually, the proposer makes the offer, and the insurer makes

    acceptance.

    2. Consideration: This means that the contract must involve some mutual benefit to the

    parties. The premium is the consideration from the insured and the promise to indemnify is the

    consideration from the insurers.

    3. Agreement between the parties: Both parties should agree to the same thing in thesame sense.

    4. Capacity of the parties: Both parties to the contract must be legally competent to enter

    into the contract. For e.g.. Minors cannot enter into an insurance contract.

    5. Legality: The object of the contract must be legal and the contract should not violate

    any legal requirements. E.g. no insurance can be had for smuggled goods.

    1.10) Origin of Insurance

    Insurance in the modern form originated in the Mediterranean during 13 -14th century. The earliest

    references to insurance have been found in Babylonia, the Greeks and the Romans. The use of

    insurance appeared in the account of North Italian merchant banks who then dominated the

    international trade in Europe at that time. Marine insurance is the oldest form of insurance followed by

    life insurance and fire insurance. The patterns that have been used in England followed in other

    countries also in these kinds of insurance.

    1.10.1) Insurance In India- A brief History

    Life insurance in the modern form was first set up in India through a British company called the

    Oriental Life Insurance Company in 1818 followed by the Bombay Assurance Company in 1823 and

    the Madras Equitable Life Insurance Society in 1829. All these companies operated in India but did

    not insure the lives of Indians. They were insuring the lives of Europeans living in India. Some of the

    companies that started later did provide insurance for Indians. But, Indians were treated as

    "substandard" and therefore had to pay an extra premium of 20% or more. The first company that had

    policies that could be bought by Indians with "fair value" was the Bombay Mutual Life Assurance

    Society starting in 1871.

    The first general insurance company, Triton Insurance Company Ltd., was established in 1850. It was

    owned and operated by the British. The first indigenous general insurance company was the Indian

    Mercantile Insurance Company Limited set up in Bombay in 1907. By 1938, the insurance market in

    India was abuzz with 176 companies. Yet, the industry was plagued by fraud. Hence, a

    comprehensive set of regulations was put in place to stem this problem. By 1956, there were 154

    Indian insurance companies, 16 non-Indian insurance companies and 75 provident societies that

    were issuing life insurance policies. Most of these policies were centered in the cities (especially

    around big cities like Bombay, Calcutta, Delhi and Madras). In 1956, the then finance minister S. D.

    Deshmukh announced nationalization of the life insurance business.

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    HISTORY OF INSURANCE IN INDIA

    YEAR EVENT

    1850 Triton Insurance company Ltd. set up in Calcutta.

    1871 Bombay Mutual, Indias first life insurance company set up.

    1874 Oriental Insurance Company set up.1907 Indian mercantile Insurance ltd. the first company to transact all

    classes of general insurance business set up.

    1912 Life Assurance Act (Act VI) of 1912 enacted.

    1914 Government started publishing returns of life insurance

    companies.

    1937 Draft Insurance Bill introduced

    1938 Insurance Act, 1938 enacted.

    1945 Committee headed by Cowasji Jehangir set up to review

    malpractice and take corrective steps.1950 Insurance Amendment Act, 1950 put in place based on

    recommendations of a committee under S R Ranganathan. Among

    other things the Act provided for a Controller of Insurance (CoI),

    constitution of Life Insurance Corporation and the General

    Insurance Council.

    1956 LIC set up. Nationalization of life insurance business

    1957 Reinsurance Corporation of India, first Indian Reinsurer set up.

    1968 Insurance Act amended further to provide effective control over

    general insurance companies requiring increased deposits from

    them; also provided for setting up of TAC.

    1971 Ordinance promulgated to replace the General Insurance

    Emergency Provisions Act, 1971.

    1972 General Insurance business nationalized

    1973 GIC set up.

    April 1993 Malhotra Committee constituted for insurance sector reforms and

    deregulation.

    Jan 1996 Interim insurance regulatory authority setup through a resolutionSep 1996 The IRA bill drafted

    Dec 1996 IRA bill introduced in parliament & referred to Standing Committee

    1997 Insurance Regulatory Authority came into existence.

    Aug 1997 IRA is withdrawn following opposition to foreign participation

    Nov 1997 Indian government clears greater autonomy to LIC, GIC and its

    four subsidiaries

    June 1998 Union budget announces opening up of insurance sector

    Nov 1998 Union budget decides to allow 40% foreign equity participation in

    Private sector (26% to foreign cos and 14% to NRIs, OCBs, FIIs1999 The Standing Committee headed by Murali Deora decides that

    foreign equity in private insurance should be limited to 26%. The

    IRA bill is renamed the Insurance Regulatory and Development

    Authority (IRDA) Bill and cleared by parliament.

    2000 IRDA made statutory body

    July 2000 IRDA issues first set of guidelines for insurance companies.

    Oct. 2000 First three licenses awarded to private companies; three others

    receive in-principle clearance.

    Dec. 2000 ICICI prudential and HDFC Standard Life launch insurance policies

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    become first private companies to operate in India since 1972 and

    first life insurers in almost five decades.

    2002 IRDA Insurance Brokers Act passed

    2002-03 Formation of the Agricultural Insurance Company of India Ltd.(AICIL) to underwrite crop insurance and other allied insurancebusiness in the country.

    Source: Charted Financial Analyst.

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    1.11) Scope or kinds of insurance

    1.11.1) Classification according to Nature of Insurance

    Life insurance

    Life insurance may be defined as a contract in which the insurer, in consideration of a certain

    premium, either in a lump sum or by other periodical payments, agrees to pay to the assured, or to

    the person for whose benefit the policy is taken, the assured sum of money, on the happening of a

    specified event contingent on the human life.

    Fire insurance

    Fire insurance is a contract to indemnity the insured for distribution of or damage to property caused

    by fire. The insurer undertakes to pay the amount of the insured's loss subject to the maximum

    amount stated in the policy.

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    Classification Of Insurance

    Nature Of Insurance

    Life insurance

    Fire insurance

    Marine insurance

    Social Insurance, and

    Miscellaneous

    insurance.

    Business Point Of View

    Life insurance

    General Insurance

    Risk Point Of View

    Personal insurance

    Property insurance

    Liability insurance

    Fidelity guarantee

    insurance

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    Marine insurance

    A contract of marine insurance is an agreement whereby the insurer undertakes to indemnity the

    assured in a manner and to the extent thereby agreed, against marine losses, that is, the losses

    incidental to marine adventure.

    Social insurance

    Social insurance has been developed to provide economic security to weaker sections of the society

    who are unable to pay the premium for adequate insurance. Pension plans; disability benefits,

    unemployment benefits, sickness insurance, etc. are the various forms of social insurance.

    Miscellaneous insurance

    The process of fast development in the society gave rise to a number of risks or hazards. To provide

    security against such hazards, many other types of insurance also have been developed. Theimportant among them are:

    (i) Vehicle insurance on buses, trucks, motorcycles, etc.,

    (ii) Personal accident insurance

    (iii) Burglary insurance - (against theft, dacoit etc.)

    (iv) Legal liability insurance, Crop insurance, Cattle insurance crime, medical insurance, bullock cart

    insurance, jewelry insurance, cycle rickshaw insurance, radio-T.V. insurance, etc.

    1.11.2) Classification from business point of view

    From business point insurance can be classified into two broad categories:

    Life insurance; and

    General Insurance

    General Insurance

    General insurance business refers to fire, marine, and miscellaneous insurance business whether

    carried on singly or in combination with one or more of them but does not include capital redemption

    business and annuity certain business.

    1.11.3) Classification from risk point of view

    From risk point of view, insurance can be classified into four categories:

    Personal insurance

    Property insurance

    Liability insurance

    Fidelity guarantee insurance

    Personal insurance

    Personal insurance refers the loss to life by accident, or sickness to individual, which is covered by

    the policy.

    Property insurance

    The policies of insurance against burglary, home breaking or theft etc. fall under this category.

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    Liability insurance

    Liability insurance is the major field of General insurance whereby the insurer promises to pay the

    damage of property or to compensate the losses to a third party. The amount of compensation is paid

    directly to third party. The fields of liability insurance include: workmen compensation insurance, third

    party motor insurance, and professional indemnity insurance.

    Fidelity guarantee insurance

    In this type of insurance, the insurer undertakes to indemnify the assured (employer) in consideration

    of certain premium, for losses arising out of fraud, or embezzlement on the part of the employees.

    This kind of insurance is frequently adopted as a precautionary measure in cases where new and

    untrained employees are given position of trust and confidence.

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    1.12) Basic Principles of Insurance:

    How the Product is created:

    All life insurance products are mathematically and scientifically created by calculating relationships of

    mortality, interest, expense, and financial values attached to each based on time. These factors

    ultimately determine the premium at which a policy is sold. The premium must be adequate to pay the

    expenses incurred in creating, offering and maintaining the product, to pay all promised benefits, andto increase profit and surplus of the insurer. From an economic viewpoint, insurance is a system for

    reducing financial risk through transfer of risks from policy owners, and combining or pooling those

    losses by the insurer. From viewpoint of society, insurance is a device for accumulating funds to meet

    uncertain losses of economic value carried out through transfer of risks of many individuals to one

    person or a group of persons. The social aspect of insurance involves collective bearing of losses

    through contributions by all group members to pay for losses suffered by some group members.

    Insurance substitutes certainty for uncertainty through the pooling of hazards to which groups of

    people are exposed. Uncertain risks of individuals are combined, making the possible loss more

    certain, providing a financial solution to the problems created by the loss. Small, periodic

    contributions by the individuals provide a fund from which, those who suffer loss may be reimbursed.

    Insurance thus manages the uncertainty of one party through the transfer of particular risks to another

    party who offers a restoration, at least in part, of economic losses suffered by the insured individual.

    From a business viewpoint, insurance achieves the sharing of risk by transferring risks fromindividuals and businesses to financial institutions specializing in risk. Lastly, from a legal standpoint,

    an insurance contract or policy transfers a risk (for a premium) from one party, known as the insured

    or policy owner, to another party known as the insurer. By virtue of a legally binding contract, the

    possibility of an unknown large financial loss is exchanged for a comparatively small certain payment.

    This contract is not a guarantee against a loss occurring, but a method of ensuring that payment will

    be received for a loss that does occur.

    Every insurance company will add cost and pricing variables to the actual historical results of that

    company in designing and pricing its products. This is the same procedure for any product on the

    market, not just insurance. It also accounts for the variations in premiums between products that

    might appear to be the same. Variations can be created by differences in company operational

    efficiencies, investment performance and assumptions, underwriting practices, profit and marketing

    objectives, sales results, service practices, policy persistency, expenses and other issues.

    Statistical Predictability:

    Mortality is statistically predictable. Everyone will die, eventually. Time becomes a critical factor when

    we recognize that we never know when someone will die, only that everyone will. Combine the reality

    of death with the uncertainty of when it will occur, and you have the basis for life insurance. It is the

    scientifically calculated pooling, growth, and distribution of money to satisfy two objectives for paying

    benefits:

    Paying benefits to survivors of someone who dies

    Providing distribution of benefits with guaranteed lifetime payments to either the insured or the

    insureds survivors

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    Only life insurance and annuities can do these things. To accomplish this, companies keep extremely

    accurate records about births and deaths, especially when (by age) and how (by cause of death)

    people die. The size of the statistical base, now hundreds of years old, enables insurance actuaries to

    predict average mortality for groups of people in many different categories. This precision study of

    mortality and how it works helps to make life insurance a risk management tool rather than a game of

    chance. It is an actuarial sciencemathematical calculations of probability based on huge amounts ofexperiencethat establishes mortality and the statistical tables used to create and price life

    insurance products.

    Chapter 2 Liberalization of Insurance Sector

    2.1) Underlying principle for opening up of the Insurance Industry

    India is one of the least insured countries but the potential for further growth is phenomenal, as a

    significant portion of its population is in services and the life expectancy has also increased over the

    years. The nationalized insurance industry had not offered consumers a variety of products. Opening

    of the sector to private firms would foster competition, innovation, and variety of products. It would

    also generate greater awareness on the need for buying insurance as a service and not merely for

    tax exemption, which was currently done. On the demand side, there exists a strong correlation

    between demand for insurance and per capita income level, suggesting that high economic growth

    could spur growth in demand for insurance. Also there exists a strong correlation between insurance

    density and social indicators such as literacy. With social development, insurance demand will grow.

    Thus with the rising trend in the per capita income and literacy levels in the country there seemed to

    be increase in demand for insurance products. There also existed a mismatch in the demand and

    supply aspect. Thus new firms could cash-in in this increasing gap and increasing market. Thus the

    market was quite promising and untapped. Insurance helps to spur economic development by

    providing shelter against risky projects. Thus opening up of the insurance sector would result into the

    following things:

    Increase in Economic development

    Better and variety of insurance products

    Healthy Competition

    Consumer will benefit

    This was the basis on which the Government opened up the Insurance sector in 2000.

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    2.2) Rationale about Insurance Liberalization

    The rationale for opening up of the insurance sector can be analyzed on the basis of asking the

    following 3 basic questions. The Three key questions that impinge on liberalization of insurance

    business in India are:

    Why Liberalize

    What market structure to finally have

    What should be the role of the regulator

    The decision to allow private companies to sell insurance products in India rests with the lawmakers

    in Parliament. Opening up the insurance sector required crossing at least two legislative hurdles.

    These were the passage of the Insurance Regulatory Authority (IRA) Bill, which would make IRA a

    statutory regulatory body, and amending the LIC and GIC Acts, which would end their respective

    monopolies. In 1994 the government appointed a committee on insurance sector reforms (which isknown as the Malhotra Committee), which recommended that insurance business be opened up to

    private players and laid down several guidelines for orchestrating the transition. In particular, the

    report did not address many other related questions such as whether foreign (and not just private)

    players should be allowed, what cap should there be on foreign equity ownership, whether banks and

    other financial institutions should be allowed to operate in the insurance business, whether firms

    should be allowed to sell both life and -non-life insurance, and so on.

    The three questions that were addressed were

    (a) Why should insurance be opened up to private players?

    (b) If opened up, what should be the appropriate market structure (many unregulated players or a

    few regulated players); and finally,

    (c) What is the role of the regulator in insurance business?

    Why allow entry to private players?

    Some of the concerns for entry of private players were:

    (a) That there would be a tendency of private companies to "skim" the markets; thus private players

    would concentrate on the lucrative mainly urban segment leaving the unprofitable segment to the

    incumbent LIC.

    (b) That without adequate regulation, the funds generated may not be deployed in sectors (which

    yield long-term social benefits), such as infrastructure and public goods; similarly without regulation,private firms may renege on their social sector investment obligations. Meeting these concerns would

    require a strong regulatory body. Another commonly expressed fear was that there would be massive

    job losses in the industry as a whole due to computerization. This however did not seem to be

    corroborated by the countries' experience'.

    Then why allow private players

    Moreover, apart from consideration based on theoretical principles alone, there was sufficient

    evidence that suggested that introduction of private players in insurance could only lead to greater

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    benefits to consumers. This could be seen from the fact that the spread in insurance in India was low

    compared to international benchmarks. The two convention measures of the spread of insurance are

    penetration and density. The former measure (premiums per unit) of GDP, and the latter, premiums

    per capita. Less than 7% of the population in India had life insurance cover. In Singapore, around 45

    % of the people were covered and in Japan, this was close to 100 %. In the US, over 81 % of the

    households had insurance cover. India has the biggest life insurance sector in the world if we go bythe number of policies sold, but the number of policies sold per 10 persons is very low. The demand

    for insurance is likely to increase with rising per-capita incomes, rising literacy rates and increase of

    the service sector, as has been seen from the example of several other developing countries. In fact,

    opening up of the insurance sector is an integral part of the liberalization process being pursued by

    many developing countries.

    There are several other factors that called for private sector presence. Firstly, a state monopoly has

    little incentive to innovate or offer a wider range of products. This could be seen by a lack of certain

    products from LlC's portfolio, and lack of extensive risk categorization in several GIC products. In fact,

    it could be concluded that many people buy life insurance just for the tax benefits, as almost 35% of

    the life insurance business is in March, the month of financial closing. This suggested that insurance

    needed to be sold more vigorously. More competition in this business would spur firms to offer

    several new products and more complex and extensive risk categorization. The system of selling

    insurance through commission agents needed a better incentive structure, which a state monopoly

    tends to stifle. For example LIC pays out only 5% of its income as commissions. The following were

    the reasons to allow private players:a) While nationalized insurance companies had done a commendable job in extending their presence

    and services throughout the country and were handling large volumes of business, the choice

    available to the insuring public was inadequate in terms of service, products and prices. Introduction

    of competition would result in better service and help improve the variety and price of insurance

    products.

    b) Even though the nationalized insurance industry had over the decades built up extensive business,

    there was still a vast untapped potential and many lines of business had remained under-developed.

    Arrival of new players would speed up the spread of both life and general insurance.

    c) The nationalized insurance companies were financially strong and had built up a large

    infrastructure in terms of professional talent, and marketing and servicing networks. They were in a

    position to face competition.

    d) There was growing competition within the banking sector, which included nationalized banks, co-

    operative banks and private banks, both -Indian and foreign. The private sector had also been

    allowed to float mutual funds and was quite active in merchant banking, leasing and non-banking

    financial areas. There was little reason for keeping insurance as a monopoly. It was thus decided that

    the private sector be allowed to enter insurance business.

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    What should be the market structure?

    Here, we analyze the question whether there should be unlimited private entry insurance markets or

    whether only a few players should be allowed to operate.

    This question hinges around the issue of"adverse selection" described below. Individuals buying an

    insurance contract pay a price (called the "premium") to the insurance company and the insurance

    company in turn provides compensation if a specified event occurs. By making such contractual

    arrangements with a large number of individuals and organizations the insurance company can

    spread the risk. This gives insurance its "social" character in the sense that it entails pooling of

    individual risks. The price of insurance i.e., the premium is based on average risk. This premium is

    too high for people who perceive themselves to be in a low risk category. If the insurer cannot

    accurately determine the risk category of every customer and prices insurance on the basis of

    average risk, he stands to lose all the low risk customers. This increases the average risk, which

    means premia have to be revised upwards, which in turn drives away even more customers and so

    on. This is known as the problem of "adverse selection". In an extreme case, it may lead to the

    complete breakdown of insurance market.

    Another phenomenon, the problem of "moral hazard" in selling insurance, arises when the

    unobservable action of the buyer aggravates the risk for which insurance is bought. For eg, when an

    insured car driver exercises less caution in driving compared to how he would have driven in the

    absence of insurance, it exemplifies moral hazard.Given these problems, unbridled competition among large number of firms is considered detrimental

    for the insurance industry. Furthermore, even the limited competition in insurance needs to be

    regulated. It also calls for keeping life insurance separate from the general insurance. It suggests the

    regulation of insurance intermediaries by IRA and the introduction of brokers for better

    professionalization'.

    Economic Rationale

    The insurance industry is a key component of the financial infrastructure of an economy, and its

    viability and strengths have far reaching consequences for not only its money and capital markets,

    but also for its real growth. For example, if households are unable to hedge their potential losses of

    wealth, assets and labour and non-labour endowments with insurance contracts, many or all of them

    will have to save much more to provide for events that might occur in the future, events that would be

    unfavorable to their interests. If a significant proportion of the households behave in such a fashion,

    the growth of demand for industrial products would be adversely affected. Similarly, if firms are

    unable to hedge against "bad" events like fire and on-the-job injury of a large number of labourers,

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    Issues related to MarketStructure

    Issue of AdverseSelection

    Problem of Moral Hazard

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    the expected payoffs from a number of their projects, after factoring in expected losses on account of

    such "bad" events, might be negative. In such an event, private investment would be adversely

    affected and certain potentially hazardous activities like mining and freight transfers might not attract

    any private investment. It is not surprising therefore; that economists have long argued that insurance

    facility is necessary to ensure the completeness of a market. Thus in order to spur the economic

    development of the country there is a need to have more insurance products. There also exists a gapbetween the demand and supply of insurance products. Due to increasing uncertainty in the markets

    there is a need for some sort of coverage of risk, when the stakes involved are high for the company.

    Thus in order to make the industry lucrative and to abolish the monopoly of the state it was imperative

    to open up the sector.

    2.3) Malhotra Committee Report on liberalization of the insurance sector.

    Although Indian markets were privatized and opened up to foreign companies in a number of sectors

    in 1991, insurance remained out of bounds on both counts. The government wanted to proceed with

    caution. With pressure from the opposition, the government (at the time, dominated by the Congress

    Party) decided to set up a committee headed by Mr. R. N. Malhotra (the then Governor of the

    Reserve Bank of India).

    Liberalization of the Indian insurance market was recommended in the report released in 1994 by the

    Malhotra Committee, indicating that the market should be opened to private sector competition, and

    ultimately, foreign private sector competition. It also investigated the level of satisfaction of thecustomers of the LIC. Curiously, the level of customer satisfaction seemed to be high.

    The following were the purposes of the committee.

    (a) To suggest the structure of the insurance industry, to assess the strengths and weaknesses of

    insurance companies in terms of the objectives of creating an efficient and viable insurance

    industry, to have a wide coverage of insurance services, to have a variety of insurance products

    with a high quality service, and to develop an effective instrument for mobilization of financial

    resources for development.

    (b) To make recommendations for changing the structure of the insurance industry, for changing the

    general policy framework etc.

    (c) To take specific suggestions regarding LIC and GIC with a view to improve the functioning of LIC

    and GIC.

    (d) To make recommendations on regulation and supervision of the insurance sector in India.

    (e) To make recommendations on the role and functioning of surveyors, intermediaries like agents

    etc. in the insurance sector.

    (f) To make recommendations on any other matter which are relevant for development of the

    insurance industry in India.

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    The committee made a number of important and far-reaching recommendations: (a) The LIC should

    be selective in the recruitment of LIC agents. Train these people after the identification of training

    needs.

    (b) The committee suggested that the Federation of Insurance Institute, Mumbai should start new

    courses and diploma courses for intermediaries of the insurance sector.

    (c) The LIC should use an MBA specialized in Marketing (a similar suggestion for the GICsubsidiaries).

    (d) It suggested that settlement of claims were to be done within a specific time frame without delay.

    (e) The committee has several recommendations on product pricing, vigilance, systems and

    procedures, improving customer service and use of technology.

    (f) It also made a number of recommendations to alter the existing structure of the LIC and the GIC.

    (g) The committee insisted that the insurance companies should pay special attention to the rural

    insurance business.

    (h) In the case of liberalization of the insurance sector the committee made several

    recommendations, including entry to new players and the minimum capital level requirements for

    such new players should be Rs. 100 crores (about USD 24 million). However, a lower capital

    requirement could be considered for a co-operative sectors' entry in the insurance business.

    (i) The committee suggested some norms relating to promoters equity and equity capital by foreign

    companies, etc.

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    2.4) IRDA (Insurance Regulatory and Development Authority)

    After the report of the Malhotra Committee came out, changes in the insurance industry appeared

    imminent. Unfortunately, instability in Central Government, changes in insurance regulation could not

    pass through the parliament. The dramatic climax came in 1999. On March 16, 1999, the Indian

    Cabinet approved an Insurance Regulatory Authority (IRA) Bill that was designed to liberalize the

    insurance sector. The Role of IRA:(a) The protection of consumers' interest,

    (b) To ensure financial soundness of the insurance industry and

    (c) To ensure healthy growth of the insurance market.

    These objectives were to be achieved with minimum government involvement and cost. IRA's

    functioning was to be financed by levying a small fee on the premium income of the insurers thus

    putting zero cost on the government and giving itself autonomy. The Authority was established with a

    view to protect the interests of the holders of insurance policies, to regulate, promote and ensure

    orderly growth of the insurance industry and for matters connected therewith or incidental thereto.

    The bill was awaiting ratification by the Indian Parliament. However, the BJP Government fell in April

    1999. The deregulation was put on hold once again. An election was held in late 1999. A new BJP-

    led government came to power. On December 7, 1999, the new government passed the Insurance

    Regulatory and Development Authority (IRDA) Act. This Act repealed the monopoly conferred to the

    Life Insurance Corporation in 1956 and to the General Insurance Corporation in 1972. The authority

    created by the Act is now called IRDA. It has ten members. New licenses are being given to privatecompanies (see below). IRDA has separated out life, non-life and reinsurance insurance businesses.

    Therefore, a company has to have separate licenses for each line of business. Each license has its

    own capital requirements (around USD24 million for life or non-life and USD48 million for

    reinsurance).

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    With the Insurance Regulatory & Development Act, focus shifted to the following:

    The Insurance Regulatory and Development Authority (IRDA) was to give priority to health

    insurance while issuing certificates of registration;

    Policyholders' funds to be invested in the social sector and infrastructure. The percentage to be

    specified by the IRDA and such regulations would apply to all insurers operating in the country;

    Insurers would be expected to undertake a certain percentage of business in the rural or socialsector and provide policies to persons residing in rural areas and workers in the unorganized and

    informal sectors;

    In case insurers fail to meet the social sector obligation a fine of Rs.2.5 mn to be imposed.

    Subsequent failures would result in cancellation of licenses.

    IRDA also laid several guidelines and rules governing the insurance intermediaries and various types

    of brokerage firms.

    2.4.1) Some Details of the IRDA Bill

    On July 14, 2000, the Chairman of the IRDA, Mr. N. Rangachari set forth a set of regulations in an

    extraordinary issue of the Indian Gazette:

    The first covers the Insurance Advisory Committee that sets out the rules and regulation.

    The second stipulates that the "Appointed Actuary" has to be a Fellow of the Actuarial Society of

    India. Given that there has been a dearth of actuaries in India with the qualification of a Fellow of

    the Actuarial Society of India, this becomes a requirement of tall order. As a result, some

    companies have not been able to attract a qualified appointed Actuary (Dasgupta, 2001). The

    IRDA is also in the process of replacing the Actuarial Society of India by a newly formed institution

    to be called the Chartered Institute of Indian Actuaries (modeled after the Institute of Actuaries of

    London). Curiously, for life insurers the Appointed Actuary has to be an internal company

    employee, but he or she may be an external consultant if the company happens to be a non-life

    insurance company.

    Third, the Appointed Actuary would be responsible for reporting to the IRDA a detailed account of

    the company.

    Fourth, insurance agents should have at least a high school diploma along with training of 100

    hours from a recognized institution. More than a dozen institutions have been recognized by the

    IRDA for training insurance agents (the list appears online at http://www.irdaonline.org/press.asp).

    Fifth, the IRDA has set up strict guidelines on asset and liability management of the insurance

    companies along with solvency margin requirements. Initial margins are set high (compared with

    developed countries). The margins vary with the lines of business (for example, fire insurance has

    a lower margin than aviation insurance).

    Sixth, the disclosure requirements have been kept rather vague. This has been done despite the

    recommendations of the Mukherjee Committee. (The committee recommended the inclusion of

    certain ratios in insurance company balance sheets to ensure transparency in accounting.)

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    Seventh, all the insurers are forced to provide some coverage for the rural sector. In respect of a

    life insurer, (a) five percent in the first financial year; (b) seven percent in the second financial

    year; (c) ten percent in the third financial year; (d) twelve percent in the fourth financial year; (e)

    fifteen percent in the fifth year (of total policies written direct in that year). In respect of a general

    insurer, (a) two percent in the first financial year; (b) three percent in the second financial year; (c)five percent thereafter (of total gross premium income written direct in that year).

    The IRDA Bill also speaks about brokerage firms. Brokerage Firms are firms that are essential in the

    growth of the insurance business in India. These firms do the general legwork required to be

    done in the industry, they have expertise in risk management as well as in risk evaluation.

    Brokerage firms are allowed a minor foreign equity stake in them with a cap of 49%. Compositebrokers are the ones who can sell Life & General insurance products and reinsurance products.

    Capital requirement for the broking firm will be Rs.2.5 mn. The IRDA is also likely to cap the

    brokerage commissions to 15%. The number of brokers in USA is 40000, UK 4000, and 3000 for

    Germany. These show great potential for brokerage business in India. This is manifested in a number

    of foreign brokerage firms showing interest to come to India. The names include Aeon, Willis Coroon,

    Vitasia, Jardine insurance, Chubb Reinsurance, etc.

    2.4.2) Overseeing Insurance Intermediaries

    Insurance intermediaries such as agents, brokers, consultants and surveyors are also under IRDAs

    jurisdiction. IRDA has evolved guidelines on the entry and functioning of such intermediaries.

    Licensing of agents and brokers should be checked to regulate against their indulging in activities

    such as twisting, rebating, fraudulent practices, and misappropriation of funds. IRDA also considered

    allowing banks to act as agents (as opposed to underwriters) of insurers in mass base types of

    products. Given their wide network of branches and their customer base, the banks can access this

    market for insurance products and also earn commission income. The incremental cost of providing

    such insurance products would be much lower.

    IRDA was to ensure growth of insurance business with better education and protection to consumers,

    and by making the insurance business a level playing field. It was also to support Indian insurance

    companies in the international field.

    IRDA thus has to frame the rules, design procedures for enforcement and also make operational

    guidelines. All this with virtually no relevant historical data made the task very difficult. An initial

    conservative approach (the bloodhound) was justified since there was no prior experience to fall back

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    Types of Brokerage Firms

    Insurance Re-Insurance Composite

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    on, and it would be prudent to err by regulating more rather than less. As experience accumulates,

    the IRDA can relax its initial harsh stance and adopt a more accommodating stance (the watchdog).

    2.4.3) Guidelines issued by IRDA for opening up Insurance sector

    1) The Committee noted the apprehensions expressed in some quarters regarding the safety of theirmoney in case private insurance companies are allowed to operate. The measures needed to

    safeguard the interest of the insuring public are outlined in the following paragraphs:

    a) Mushrooming of small private sector companies must be avoided. Any party intending to take up

    insurance business should have a minimum capital of Rs 100 crore and must satisfy the IRDA about

    its credentials. No insurer should be allowed to transact both life and general insurance business.

    b) Regulation of the insurance industry must be greatly strengthened. It would be for the IRDA to

    ensure, inter alia, that insurance companies maintain adequate solvency at all times, invest their

    funds prudently and in conformity with the law, do not invest in any affiliate of the promoters, appoint

    proper persons as managers, and maintain high standards of transparency in company accounts.

    c) Insurance company auditors should have an obligation to report to the IRDA serious irregularities

    that might come to their notice in the course of audit.

    d) The new entrants in general insurance would have to observe the tariff regulations in force.

    2) It is important that while the share holding in a private insurance company should be widely

    dispersed, the promoters should also have sufficient stake in the business. A 40% stake for the

    promoters would appear to be reasonable. This should at no point of time be less than 26% of thepaid-up capital so that promoters have an effective say when special shareholders consider

    resolutions. To disperse the public share holding widely, no shareholder other than the promoters

    should be allowed to hold more than 1% of the company's equity.

    3) There should be level playing fields for all insurance companies. There is a view that new entrants

    to the insurance field would, on profit considerations, concentrate on more lucrative business and

    neglect the common man and rural sector. It is thus necessary that new entrants into the life

    insurance field should write a specified proportion of their business in rural areas. It should be

    ensured that such insurers do not avoid writing small policies. The general insurance companies

    should maintain balanced portfolios and should not, in particular, avoid writing motor insurance and

    rural non-traditional business.

    4) Competition should be introduced with considerable care. The first step should be to setup an

    insurance regulatory authority. Simultaneously, the conditions necessary for ensuring level playing

    fields among insurers should be firmed up so that intending entrants into the business are aware the

    stipulations which they would have to comply with. It would also be necessary control the number of

    new entrants.

    5) With reference to the recommendation for the entry of the private sector in insurance business, it

    has been observed that allowing some foreign insurance companies could be useful in the context of

    India's objective of integrating with the global economy. If and when their entry is permitted, they

    should be required to float an Indian Company for the purpose, which preferably should be a joint

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    venture with an Indian partner. These conditions should aim to ensure that life insurers do not neglect

    the small man or the rural business and that the general insurers have balanced portfolios.

    These were the major points of importance while liberalizing the insurance sector in 2000. With the

    opening up of the Insurance sector major changes have occurred in the Life Insurance segment.

    Thus Life Insurance has become the most dynamic segment in the insurance industry. Therefore weneed to study Life Insurance. Life Insurance, its meaning and concept is studied in the next chapter.

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    Chapter 3 Life Insurance

    3.1) Why do Men Work?

    Men work to provide themselves and their families with these basic needs of Food, Shelter and

    Clothing. As well as other comforts that make life worth loving. But men wish to provide not only for

    todays needs but also for tomorrows as well for their comforts in old age as well as for the needs of

    the family. When a Breadwinnerdies not only does a husband die, not only does a father die, but an

    income dies as well. The loss of the breadwinner is irreparable. But a prudent person can make sure

    that his income does not die when he is no more. In the same way, he can also make provisions for

    his old age. This is because man has devised many ways of saving. But most forms of savings have

    two enemies:

    Time: Granted the desire to save and the ability to save, no man can be sure that he will have time to

    save enough towards fulfilling his plans or dreams.

    Temptation: There is no safeguard against the appeal to spend on unnecessary comforts and

    luxuries. Hence money is difficult to conserve and easy to spend.

    3.2) Meaning ofLife Insurance

    Life Insurance made its debut in India well over 100 years ago. Today, it is widely accepted as one of

    the most attractive financial instruments in an individuals portfolio that provides an assurance of

    security with attractive returns. Life Insurance is different things to different people. For some, it is a

    premium to be paid on time. For others it offers liquidity since cash can be borrowed when needed.

    For the investment minded, it denotes a constantly growing capital account and numerous other

    benefits.

    Life Insurance is a contract for payment of a sum of money to the person assured (or failing him/her,

    to the person entitled to receive the same) on the happening of the event insured against. It is nothing

    but the creation of capital funds on an installment basis.

    Usually the contract provides for the payment of an amount on the date of maturity or at specifieddates at periodic intervals or at unfortunate death, if it occurs earlier. Among other things, the contract

    also provides for the payment of premium periodically to the corporation by the assured. Life

    Insurance is universally acknowledged to be an institution, which eliminates risk, substituting

    certainty for uncertainty and comes to the timely use of the family in the unfortunate event of the

    death of the breadwinner. Life insurance in short is concerned with two hazards that stand across the

    life path of every person: that of dying prematurely leaving a dependent family to fend for itself and

    that of living to old age without visible means of support. Here the results are guaranteed.

    3.3) Genesis of Life Insurance

    The early developments of life insurance were closely linked with that of marine insurance. The first

    insurers of life were the marine insurance underwriters who started issuing life insurance policies on

    the life of master and crew of the ship, and the merchants. The early insurance contracts took the

    nature of policies for a short period only. The underwriters issued annuities and pension for a fixed

    period or for life to provide relief to widows on the death of their husbands. The first life insurance

    policy was issued on 18th June 1583, on the life of William Gibbons for a period of 12 months.

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    It was in the eighteenth century that societies began to be formed for issuing life insurance policies.

    Among such societies the Amicable Society (1705), The Equitable Life Assurance Society (1762)

    and the West Minister Society (1792) were the important societies. The premium rates were

    varied in view of reputation and the health condition of the insured. During the early years of

    nineteenth century, a large number of life insurance companies were formed in India. Some ofthese companies preferred to amalgamate their business with other companies and a good

    number failed to function effectively. In order to stabilize and strengthen the insurance business,

    the Life insurance Companies Act; 1923 was passed and was later amended in 1946, 1958 and

    1967.

    3.4) Need for Life Insurance

    Insurance buys Time and Money: People like to refer to Life Insurance as a time insurance, the

    reason being that life insurance proceeds are paid to the insureds beneficiaries in case of death.

    The money proffered by Life Insurance helps buy time to adjust to the change of circumstances.

    Insurance provides large amounts of cash that will keep the lifestyle for the survivors the way it

    was before the insureds death.

    Insurance offers peace of Mind: For the person who buys an insurance policy, it offers absolute

    and complete peace of mind. He knows that this decision will provide sound benefits in the future,

    whether or not he lives to see it. This is the guarantee of insurance.

    26

    Safety againstfuture

    adversities

    Support for

    Retirement age

    and needs

    Freedom fromfinancial burden

    Childrenseducation

    Stress

    Future Plans and

    higherAmbitions

    Changing SocialPatterns

    E.g. Nuclear families

    Security Needs

    Need For

    LifeInsurance

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    Multiple Applications: The future is uncertain for each and everyone. No one knows how long he

    will live. The investment benefit is paid to the insureds beneficiaries after his death or it can be

    used during his life as well. Life Insurance policy owners can turn to the cash value of the policy

    incase of a financial emergency or to meet their long-term financial needs when all avenues are

    either blocked or denied. They know that they can avail of loans based on their insurance policy.

    They may have purposefully invested in insurance to use the cash in the policy for their childrensfuture marriage expenses or higher education fees.

    Enduring Elasticity: Since Life Insurance is flexible enough to serve several needs; the insured

    can keep several long-term goals in mind once he invests in an insurance plan. The cash value of

    the policy can be allocated towards augmenting the monthly income during the retirement years.

    Leisure years should be turned into pleasure years. Permanent Life Insurance is designed on the

    concepts of long-term flexibility.

    Financial security: Insurance policy offers contractual guarantees to people looking for peace of

    mind when they buy life insurance. Life Insurance offers complete financial security. The purchase

    for Life Insurance demonstrated concern for a familys future financial well being.

    Regard for family: The purchase of Life Insurance clearly displays care and concern for the

    people the policy owners love.

    Insurance is safer: No financial institution can do what Life Insurance does. No industry can back

    its products with reserves and surplus as sound as those of the insurance industry. The proof of

    strength and safety that insurance companies have ensured even under the most adverse

    conditions is a matter of pride for the entire insurance industry. For generations after generations,

    Life Insurance has been acclaimed as the very benchmark of security against which other

    industries are measured.

    3.5) Life Insurance A superior form of saving

    Life Insurance is a superior form of saving as compared to other financial instruments because of the

    following reasons:

    Protection: Savings through Life Insurance guarantees full protection against risk of death of the

    saver. In Life Insurance, on death the full sum assured is payable (with Bonuses wherever

    applicable) whereas in other saving schemes, only the amount saved (with interest) is payable.

    Aid to Profit: Long term saving can be made in a relatively painless manner due to the easy

    installment facility built into the scheme. E.g. Salary Savings Schemes provide a convenient

    method of paying premium each month by deduction from salary. The employer remits the

    deducted salary to insurer.

    Protection against Creditors: Proceeds of a policy can be protected against the claims of

    creditors of the Life assured through a valid assignment or by taking a policy under the married

    womens property Act.

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    Liquidity: Loans can be raised on sole security of a policy that has acquired loan value. Also, a

    life policy is accepted as security for a commercial loan.

    Tax relief: Considerable tax relief in income tax and wealth tax is available to an individual/Hindu

    undivided families for amounts paid as premiums for Life Insurance. In such cases the assured in

    effect pays a substantially lower premium for his insurance than he would have paid otherwise.

    Cash Estate: Life Insurance is the most practical way to ensure definite payments on ones deathwithout having to resort to conversion of other asset at a loss. Life Insurance, therefore, is one of

    the most satisfactory means of making provisions for payment of Estate Duty.

    Money when you need it: A suitable insurance plan or combination of different plans can be

    taken out to meet specific needs that are likely to arise in future, such as childrens education,

    marriage provision or even periodical needs for cash over a stretch of time. Alternatively, policy

    money can be arranged to be made available at the time of ones retirement from service to be

    used for any specific purpose, such as for the purchase of a house or for other investments.

    It is the only savings scheme that covers life risk besides giving tax concessions at entry

    (premiums paid) and exit points (Maturity + Bonus).

    Life Insurance promotes compulsory savings besides reducing Tax burden and protecting the

    family in the event of an unforeseen happening.

    Life Insurance cover is as much a necessity as food and clothing.

    Loans can also be availed based on policies.

    Policies of some companies can be placed as collateral securities for raising loans form banksand other financial institutions.

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    3.6) History of Life Insurance in India

    Life insurance in its existing form came to India from the United Kingdom with the establishment of a

    British firm, Oriental Life Insurance Company in Calcutta (1818) followed by Bombay Life Assurance

    Company (1823), the Madras Equitable Life Insurance Society (1829) and Oriental Government

    Security Life Assurance Company (1874). Prior to 1871, Indian lives were treated as substandard and

    charged extra premium of 15% to 20%. Bombay Mutual Life Assurance Society, an Indian insurerfounded in l871, was the first to cover Indian lives at normal rates. The Indian Life Assurance

    Companies Act, 1912 was the first statutory measure to regulate life insurance business.

    Later, in 1928, the Indian Insurance companies Act was enacted to enable the Government to collect

    statistical information about life and non-life insurance business transacted in India by Indian and

    foreign insurers, including provident insurance societies. Later to protect the interest of insuring

    public, earlier legislation was consolidated and amended by the Insurance Act, 1938 with provisions

    for detailed and effective control over activities of insurers. To administer the aforesaid legislation an

    insurance wing was established and attached first with Ministry of Commerce and later with Ministry

    of Finance and was administratively responsible for deciding policy matters pertaining to insurance.

    The actuarial and operational matters relating to Life Insurance were looked after by an attached

    office headed first by the Actuary to the Government of India, then by the Superintendent of

    Insurance and finally by Controller of Insurance. The Act was amended in 1950, making broad

    changes, such as requirement of equity capital for companies carrying on life insurance business,

    ceilings on share holdings in such companies, stricter controls on investments of insurancecompanies, submission of periodical returns relating to investments and other information to the

    Controller, appointment of administrators for mismanaged companies, ceilings on expenses of

    management and agency commission, incorporation of the Insurance Association of India and

    formation of councils and committees.

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    3.6.1) Life Story of the Life Insurance Corporation

    The life insurance industry was nationalized under the Life Insurance Corporation (LIC) Act of India

    and has become successful:

    Despite being a monopoly, it had 60-70 million policyholders in 2002. Given that the Indian

    middle-class is around 250-300 million, the LIC managed to capture some 30 odd percent of it.

    The level of customer satisfaction is high for LIC; one of the findings of the Malhotra Committee.This is somewhat surprising given the frequent delays in claim settlement.

    Market penetration in the rural areas has grown substantially. Around 48% of the customers of the

    LIC are from rural and semi-urban areas. This probably would not have happened had the charter

    of the LIC not specifically set out the goal of serving the rural areas.

    One exogenous factor that has helped LIC grow rapidly in recent years is a high saving rate in India.

    Even though the saving rate is high in India (compared with other countries with a similar level of

    development), Indians exhibit high degree of risk aversion. Thus, nearly half of the investments are in

    physical assets (like property and gold). Around twenty three percent are in (low yielding but safe)

    bank deposits. In addition, some 1.3- percent of the GDP are in life insurance related savings

    vehicles. This figure has doubled between 1985 and 1995.

    3.6.2) Life insurance in India: Present Developments

    The financial year 2002-03, was the second full year of operations for most of the new life companies;

    by the end of the financial year, the number of private players had increased to twelve, and they were

    competing with the public sector Life Insurance Corporation of India (LIC). The premium underwritten

    by the industry during 2002-03 was Rs.55738.11 crore, of which Rs.54628.49 crore was underwritten

    by LIC and remaining Rs.1109.62 crore by the private players. As against this, the previous year

    figures were Rs.50094.45 crore, Rs.49821.91 crore and Rs.272.54 crore respectively.

    Overall, the industry witnessed growth of 11.27% in 2002-03 in terms of gross premium underwritten

    as against 43.54% growth recorded in the previous year. The decline in the growth rate in the year

    2002-03 has to be assessed in the context of the previous year being an aberration. In the financialyear 2001-02, LIC, which had underwritten 99.46% of the business in that year, had offered high yield

    guaranteed return plans like Jeevan Shree, Bima Nivesh, Single Premium and Individual Pension

    Plans. The decline in growth rate could be on account of the withdrawal of these schemes in the

    financial year 2002-03. Growth in the business of LIC declined to 9.65% as against 42.79% in the

    year 2001-02. A review of the performance of LIC during the years 1998-99 to 2000-01 further

    reveals that it has recorded annual growth in the range of 18 and 25%. As against this, the private

    insurers exhibited growth of 307.15% during the year. The sharp increase in growth for the new

    players can partly be attributed to the fact that their business in the financial year 2001-02 was small.

    In terms of market share, LIC held 98% of the life market, with the twelve new players capturing just

    under 2%. As against this, LIC held 99.46% of the market in the year 2001-02.

    On the whole, insurers had launched several innovative products aimed at catering to the specific

    needs of individuals/groups. Customized life insurance solutions are being offered rather than pre-

    packaged products. Simplicity and innovation are the key words for finalizing products aimed at the

    masses. Products have been designed to cater to child segment with innovations like family income

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    benefits. A number of new products have been introduced with players in the life segment launching

    products with guaranteed additions, which were subsequently withdrawn/toned down; single premium

    mode was popularized; unit linked products were introduced; and add-on/riders were introduced

    including those for accidental death; dismemberment, critical illness rider, fixed term rider, pay rider or

    benefit rider, term to age 60 rider, group hospital and surgical rider, hospital cash benefit riders and a

    number of others. The comprehensive products having features of endowment, money back, wholelife, single premium, regular premium, rebate in premium for higher sum assured, premium mode

    rebate, etc., having a number of riders along with the base products have been re-packaged.

    Government of India in the Union Budget 2003-04, announced the launch of Varishtha Pension Bima

    Yojana for citizens aged 55 years and above. The Varishtha Yojana is a Government subsidized

    scheme and LIC has been given the privilege to operate the scheme. The scheme aims at providing

    pension during the life time of the pensioner and in the event of unfortunate death of the pensioner,

    purchase price is payable to the nominee / legal heir of the pensioner.

    3.6.3) Life Insurance in India: A World Perspective

    In many countries, insurance has been a form of savings. In many developedcountries, a significant

    fraction of domestic saving is in the form of (endowment) insurance plans. This is not surprising. The

    prominence of some developingcountries is more surprising. For example, South Africa features at

    the number two spot. (See table). India is nestled between Chile and Italy. This is even more

    surprising given the levels of economic development in Chile and Italy. Thus, we can conclude that

    there is an insurance culture in India despite a low per capita income. This bodes well for futuregrowth. Specifically, when the income level improves, insurance (especially life) is likely to grow

    rapidly.

    Insurance Penetration International Comparison

    Countries Insurance Penetration (Premiums as % of GDP)

    1999 2000 2001

    Total Non-

    life

    Life Total Non-

    life

    Life Total Non-

    life

    Life

    UnitedStates

    8.55 4.32 4.23 8.76 4.28 4.48 8.97 4.57 4.40

    Canada 6.49 3.31 3.19 6.56 3.28 3.27 6.42 3.45 2.97Brazil 2.01 1.66 0.35 2.11 1.75 0.36 2.14 1.78 0.36Mexico 1.68 0.86 0.82 1.72 0.85 0.86 1.81 0.95 0.86UnitedKingdom

    13.35 3.05 10.30 15.78 3.07 12.71 14.18 3.45 10.73

    China 1.63 0.61 1.02 1.79 0.67 1.12 2.20 0.86 1.34India 1.93 0.54 1.39 2.32 0.55 1.77 2.71 0.56 2.15Japan 11.17 2.30 8.87 10.92 2.22 8.70 11.07 2.21 8.85

    Source: Swiss Re, Sigma volumes 9/2000, 6/2001 and 6/2002

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    8.97 6.42

    2.14 1.81

    14.18

    2.2 2.71

    11.07

    0

    5

    10

    15

    United

    States

    Canada

    Brazil

    Mexico

    United

    K

    ingdom

    China

    India

    Japan

    Insurance Penetration in 2001 (Total premium

    as % of GDP)

    Life Insurance penetration in India

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    Life Insurance Statistics

    Indian population 1.055 bn

    GDP as on 2000 (Rs bn) 235613

    Gross domestic savings as a % of GDP 24.5%

    Size of Market (Life & Non life) $16 bn

    Total global insurance premium (as on 2001) $2408.25 bn

    Rate of Annual Growth: (year 2002-03)

    Life

    Non life

    11.27%

    23%

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    India has an enormous middle-class that can afford to buy life, health, and disability and pension plan

    products. The low level of penetration of life insurance in India compared to other developed nations

    can be judged by a comparison of per capita life premium.

    INSURANCE PENETRATION

    Country Insurance Penetration (Premium as % of GDP 2001)

    Japan 8.85

    UK 10.73

    USA 4.40

    India 2.15

    Source: Swiss Re, Sigma volumes 9/2000, 6/2001 and 6/2002

    Clearly, there is considerable scope to raise per capita life premium if the market is effectively tapped.

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    3.7) Marketing Mix for Life Insurance in India

    After opening up of the sector, Life Insurance is the most dynamic area for the new entrants. New

    entrants find insurance attractive because even a small share of a large and growing market can be

    profitable. The market promises to be highly competitive. This area presents tremendous scope in

    terms of products, service etc. Nothing much had been done in this area as LIC enjoyed monopoly.

    With the influx of private and foreign players and their expertise, the scene in the life Insurance sectoris slowly changing. The following would be the future of the Life Insurance:

    Product: All firms would provide wide range of products in order to cater to the large growing

    market. They would offer policies to cater to every income class. They would also offer flexible

    and cross policies to provide value to the customer. The industry would see unconventional

    products becoming popular. The major focus of the sector will be Pension policies.

    Price: The policy premiums would be flexible and would be payable as per the convenience of the

    customer. The premiums would be fixed on various considerations such as

    Risk cover Mortality Tables

    Interest Rtes Expenses

    Bonus (incentives to be given)With the onset of fierce competition the prices would be lower and the consumer will benefit and

    get the best possible price.

    Place: Distribution holds the key to success fro any firms in this industry. Companies would focus

    on both Conventional and non-conventional channels of distribution. There would be an increasing

    trend in the use of Internet as a means of distribution. In order to tap the urban and rural markets

    the company would focus on Direct Marketing. Companies will constantly look out for new

    channels of distribution to reach out to their target at the least possible cost.

    Promotion:Companies would have a specific target group and would position themselves on the

    security attribute and on emotional appeal.

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    3.8) Some type of life insurance policies:

    Other generic

    products

    offered by life

    insurance

    companies are:

    Group Defined Benefits

    Group Money Purchase

    Individual Money Purchase

    Individual Deferred Annuity

    Annuity products

    Risk Products

    Comparison chart - Life Insurance and other Savings instruments

    Details LIC PPF NSC ULIP ELSS

    Life cover Yes No No Yes * NoAccident coverage Yes ** No No Yes *** SometimesBonus Yes No No Yes NoMin. lock in

    Period

    3 yrs 7 yrs 6 yrs 10-15 yrs 3 yrs

    Mode of Payment As per

    convenience

    At a time At a

    time

    Stipulated

    and dated

    At a time

    Treatment of returns for Tax

    Tax free Tax freeU/s 10

    Sec80L

    Sec 80L Long termCap Gains

    Tax rebate u/s 88 20% 20% 20% 20% 20%* Upto 75000 only ** max of Rs. 5 lakhs *** max of Rs. 30000 only

    3.9) Challenges/Opportunities for Life Insurance companies:

    The study, "21st Century Demographics for the Life-Health Industry, "delineates the following

    challenges and opportunities:

    Population around the world is aging, number of people in the old age bracket is growing

    continuously. As the population ages, products such as annuities, IRAs and defined contributionretirement plans have enormous growth potential.

    The changing composition of households from traditional family units to single households also

    presents untapped markets with real needs for life, health and retirement products.

    Growing income inequality means that insurers should find a way to market economically to all

    sectors, particularly the middle class, who runs the risk of being abandoned by insurers chasing

    the wealthy.

    Insurers must recognize that small businesses now make up a growing portion of the world

    economy, presenting a huge opportunity for growth in this market.

    I. Basic Life insurance Plans

    Whole life Assurance Plan

    Endowment Assurance Plans

    II. Term assurance plans

    Two year

    temporary assurance plans

    Convertible

    Term assurance plans

    III. Plans for children

    E.g. LICs Jeeven Balya, Jeeven

    Kishore. Jeeven Sukanya

    IV. Pension plans

    E.g. Jeeven Suraksha Plan

    V. Plans for Handicapped

    Dependents

    E.g. Jeeven Adhar, jeeven Viswas

    VI. Double and triple cover

    VII. Double endowment VIII. Marriage endowment

    IX. Educational annuity X Money back policy

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    Growing market place turbulence

    Changing customer expectation

    3.9.1) Other issues related to Life Insurance

    Answers to these questions must necessarily provide the answers to contentious issues in the further

    development of the sector. These issues are ' Ownership pattern of the public sector, role of thepublic sector, organizational set-up, procedures, marketing, fixation of premium rates, procedures for

    claims settlement, accounting practices, consortium agreements, use of sophisticated technologies,

    automation, information technology, regulation of business, etc. Product pricing, Pricing of insurance

    products, as empirically available in India, shows that pricing is not in consonance with market

    realities.

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    Chapter 4 Insurance in India

    4.1) Industry Analysis

    4.1.1) Threat of new entrants:

    Product differentiation: LIC is trusted brand name and enjoys high brand identification, it being

    the only player in the industry fro the past 50 years. So any potential entrant will have to spendheavily on brand identification and differentiate its product so as to overcome brand loyalty.

    Capital requirements: According to IRDA guidelines, a company is required to bring in a

    minimum capital of Rs.1 billion. As per one estimate, an insurance company is required to spend

    150-200 crores to carry out operations. The pool of capital is required on advertisements and

    research activities, which are irrecoverable expenses. So the new entrant should have a sound

    financial backing before entering the market.

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    Industry

    Competitiveness

    Threat of new

    Entrants

    Power of BuyersPower of

    Intermediaries

    Threat of Substitutes

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    Switching cost: Insurance investments by their very nature are illiquid. Switching cost for the

    policyholder are high because if a policyholder wants to discontinue a policy before the time of its

    maturity, the amount realized as surrender value is very less as compared to what he would have

    realized had he invested in another investment opportunity. This results in a barrier for the new

    entrant to make the existing customers switch over to other company.

    Access to distribution channels: Key to success in the insurance industry is the access to

    distribution network because the products are sold by personally approaching the customers. This

    requires creating a huge force that will have to reach the remotest area of the country to sell

    policies. This would pose a huge barrier for new players to enter.

    Government policy: The IRDA Act governs insurance industry. Any new entrant has to obtain

    licenses from IRDA to enter the industry, which has very stringent requirements to be fulfilled.

    4.1.2) Intense rivalry among the existing firms:

    Prior to the opening of Insurance sector LIC was the sole player in the market. With the opening up of

    the sector many new players have come into the market. With scope of product differentiation being

    minimal, there is fierce competition among players to gain a piece of the cake.

    Exit barriers: The exit barriers are high because of the following, which have lead to intense

    rivalry amongst the existing players:

    Fixed cost of Exit: The cost of settlement with policyholders will be high

    Strategic Interrelation: As most players are coming through joint ventures, leveraging on others

    image, technology, capital and distribution network etc.; dissolving alliances and exiting business

    wil