Insurance Agency as a Career

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    INSURANCE AGENCYCHAPTER 10

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    AGENT:-

    An agent is one who acts on behalf ofanother.

    PRINCIPAL :-He is the person on whose behalf the

    agent acts.

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    For e.g.,

    Principal Agent

    Client Lawyer

    Country Ambassador

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    In the court, the lawyer acts as an

    agent for his client who is theprincipal.

    An ambassador in a foreign countryacts as an agent for his country

    (Principal).

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    THE INDIAN CONTRACTS

    ACT(Section 182)

    Defines Principal as

    Principal is the person for whom suchact is done or who is so represented.

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    Insurance Company (Principal)

    Insurance Agent (Middle person)

    Prospect / Policy Holder (3

    rd

    Party)

    In this case, the insurance company is theprincipal who will enter into a contract with the

    third party i.e. prospect & the insurance agentacts as a middle person who

    represents the Insurance Company

    (Principal)

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    THE INSURANCE ACT( Section 42)

    DefinesAn insurance agent is one who is

    licensed under Section 42 of the Actand is paid commission for solicitingor procuring insurance business ,including business relating to

    continuance , renewal or revival ofpolicies of insurance.

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    In other words

    A person who has authorized licenseand can bring business for whichcommission is paid is an Insurance

    Agent.

    The business brought need not be

    new business. It can be business forrenewal or revival also.

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    qui facit alium facit perse

    The above legal maxim means

    He who acts through others acts tohimself ie.,

    The principal is bound by what theagent does.

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    WHICH MEANS

    The Principal is totally bound and can be

    held liable for any act done by the agent.

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    AUTHORITY OF AN

    AGENT:

    The principal is liable for all the acts done

    by the agent. However he can restrict hisliability by specifying the extent of

    authority granted to the agent.

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    Authority of the Principal

    It can be

    EXPRESSEDOr

    IMPLIED

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    Implied Authority

    Eg. LIC does not authorize agents to

    collect premia (except first premium

    along with the proposal) from the policy

    holder. However, if he collects theamount, remits to the insurer & gets the

    receipts delivered to the policy holder

    implied authority can be inferred.

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    WHO

    CANEMPLOY

    AN AGENT?

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    The Contracts Act

    (Section 183)

    According to Section 183 of the ContractsAct

    Any person

    who is a major & who is ofsound mind.

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    WHOCAN

    BECOMEAN AGENT?

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    Individuals

    Collectives like

    companies , firms,

    banks,

    cooperative societies etc

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    CORPORATE INSURANCE

    EXECUTIVE

    In case of collectives a CORPORATE

    INSURANCE EXECUTIVE/s is / are

    appointed who will be required to obtain

    licenses Others who work for the

    corporate agent will be called Specified

    Persons and they will be required toobtain certificates.

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    Which means..

    In case of collectives like companies,firms, banks a person will be appointed

    who will hold a license and the others

    who work along with him will have toobtain certificates.

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    WHATIS THE

    PROCEDURE FORBECOMING

    AN AGENT ?

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    PROCEDURE FOR

    BECOMING AN AGENT

    The Insurance Act, 1938 (Section 42) states

    that an insurance agent must possess alicense issued by IRDA.

    The IRDA has authorized designated

    persons in each insurance company toissue licenses on behalf of IRDA.

    LICENSE

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    LICENSE

    The licence allows the person to act as agent forlife insurer, for a general insurer or as acomposite insurance agent working for a lifeinsurer as well as a general insurer.

    No agent is allowed to work for more than onelife insurer or more than one general insurer

    The licence issued by IRDA will be valid for 3years

    Fees is Rs 250/- for individuals as well ascorporate agents

    The fees for the certification of thespecified person is Rs 500/-

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    QUALIFICATIONS TO GET A LICENSE

    The individual or corporate insurance executive

    must be at least 18 years old. have passed at least 12th standard or

    equivalent examination if he is to be

    appointed in a place with a population of

    5000 or more or 10th standard otherwise.

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    QUALIFICATIONS TO GET A LICENSE(Contd)

    Have undergone training for at least 50hours

    in life or general insurance business. In case of composite insurance agent 75

    hours training is must.

    Must have passed the pre-recruitment

    examination conducted by the InsuranceInstitute of India or any other examinationbody recognized by the IRDA.

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    DISQUALIFICATIONS

    A person is debarred from holding a license or anissued license is subject to cancellation if

    He is a minor

    Has been found to be of unsound mind by acourt of competent jurisdiction.

    Has been found guilty of criminal breach of

    trust, misappropriation, cheating, forgery orabetment or attempt to commit any such

    offence.

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    DISQUALIFICATIONS

    (CONTD...) Found guilty of or knowingly participating in or

    conniving at any fraud , dishonesty or

    misrepresentation against an insurer or an insured.

    Not possessing the requisite qualifications andspecified training.

    Not passed examinations as specified by the

    Regulations. Found violating the code of conduct as

    specified by the Regulations

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    RENEWAL OF LICENSEApplications for renewal have to made at least 30 daysbefore the expiry of the license

    Renewal Period Amount( Rs.)

    At least 30 days beforethe expiry of license

    250

    Before the date of

    expiry of license but

    not made at least 30days in advance

    350

    After the date of

    expiry of license

    Normally be refused

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    Prior to renewal of license the

    Agent should have completed

    25 hours practical training in life orgeneral insurance business.

    50 hours practical training in life and

    general insurance business in case ofcomposite insurance agent.

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    RENUMERATION OF AGENT

    An agent works on commission basis. A stated

    percentage of the premium collected through

    his agency is paid as commission.

    Section 40 A(1) if the Insurance Act statesthat commission

    shall be 35% of the first years premium

    71/2% of the second and third years renewalpremium

    5% of subsequent renewal premium.

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    Exceptions

    During the first ten years of insurers business

    , 40% may be paid instead of 35% of first

    years premium.

    6% commission can be paid on the renewalpremium even beyond the third year.

    Commission rates are less

    under term assurance plan for shorter duration policies

    under single premium plans

    under pension/annuity plans

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    AGENCY AS A PROFESSION

    An agent is expected to obtain lifeinsurance business and contribute tothe revenues of the insurer.

    He should report on relevant featuresthat affect the risk .

    Having met the prospect , he would be

    aware of the nature andcharacteristic of risk . He istherefore, called the primaryunderwriter.

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    Agent - Primary Underwriter

    He is expected to disclose all the relevant

    facts that would affect the risk. Since he

    is the person who has seen andobserved the prospect, he is aware of the

    nature & the risk. Hence he is obliged to

    report all the true facts about the

    prospect.

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    AGENCY AS A PROFESSION

    Agent has the dual responsibility ofbeing true to the interests of both theparties .

    He is obliged to reveal all the importantterms and conditions of the policy tothe prospect even if they are restrictive

    andunpleasant. He is also obliged toreport to the insurer all the truefacts about the prospect .

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    THANK

    YOU