BUSINESS LAW

NAME : KARTIK RAITHATHA

STANDARD : F.Y.B.M.S.

DIVISION : B

ROLL NO. : 14

TOPIC : GENERAL INSURANCE

ACADEMIC YEAR : 2003-2004

COLLEGE : MITHIBAI COLLEGE, Vile-Parle, Mumbai

Undertaking
 I , Mr. KARTIK RAITHATHA a student of FYBMS , Roll No. 14 do
hereby state that:-

1. This project is my original work.

2. I have not copied the project , or any part , or portion thereof , from
any student.

3. If in the opinion of the college authorities , it is found that I have

copied the project , in that event , I shall be debarred from appearing
in the semester-1 examination of the current year.

4. I shall be bound by the decisions taken by the college authorities.

Place : Mumbai,

----------------------------

Date : 15th September,2003 Signature

Kartik S Raithatha

GENERAL INSURANCE

With the opening up of the insurance industry to the private sector, the need for a
strong, independent and autonomous Insurance Regulatory Authority was felt. As
the enacting of legislation would have taken time, the then Government
constituted through a Government resolution an Interim Insurance Regulatory
Authority pending the enactment of a comprehensive legislation.

The Insurance Regulatory and Development Authority Act, 1999 is an act to

provide for the establishment of an Authority to protect the interests of holders of
insurance policies, to regulate, promote and ensure orderly growth of the
insurance industry and for matters connected therewith or incidental thereto and
further to amend the Insurance Act, 1938, the Life Insurance Corporation Act,
1956 and the General insurance Business (Nationalisation) Act, 1972 to end the
monopoly of the Life Insurance Corporation of India (for life insurance business)
and General Insurance Corporation and its subsidiaries (for general insurance
business).

Definition and meaning :

1. INSURANCE:

Insurance is the means of managing risk and protection against financial loss
arising as a result of contingencies, which may or may not occur.

In other words, insurance is the act of providing assurance, against a possible loss,
by entering into a contract, with one who is willing to give assurance. Through this
contract the person willing to give assurance binds himself to make good such loss, if it
occurs.

2. GENERAL INSURANCE:

General insurance means managing risk against financial loss arising due to fire,
marine or miscellaneous events as a result of contingencies, which may or may not occur.

General Insurance means to “ Cover the risk of the financial loss from any
natural calamities viz. Flood, Fire, Earthquake, Burglary, etc.. i.e. the events which
are beyond the control of the owner of the goods for the things having insurable
interest with the utmost good faith by declaring the facts about the circumstances
and the products by paying the stipulated sum , a premium and not having a motive
of making profit from the insurance contract.”

Some of the General Rules :

1. Mis-description :

the insurance policy shall be void and all the premiums paid by insured may be
forfeited by the insurance company in the event of mis-presentation or mis-
declaration and/or non-disclosure of any material facts.

2. Reasonable care :

The insured shall take all reasonable steps to safeguard the property insured
against any loss or damage. Insured shall exercise reasonable care that only
competent employees are employed and shall take all reasonable precautions to
prevent all accidents and shall comply with all statuary or other regulations

3. Fraud :

If any claim under the policy may be in any respect fraudulent or if any fraudulent
means or device are used by the insured or any one acting on the insured’s behalf
to obtain any benefit under the insurance policy, all the benefits under the
insurance policy may be forfeited.

4. Few basic principles of general insurance are :

1. insurable interest

2. utmost good faith

3. subrogation
 4. contribution

5. indemnity

5 Risks of loss not covered under general insurance are:

The loss or damage or liability or expenses whether direct or indirect occasion by

happening through or arising from any consequences of war, invasion, act of foreign
enemy, hostilities(whether war be declared or not), civil war, rebellion revolution, civil
commotion or loot or pillage in connection therewith and loss or damage caused by
depreciation or wear and tear.

However the risk of loss or damage by war can be insured by payment of additional
premium in some cases only.

INDUSTRIAL VISIT

COMPANY VISITED : THE NEW INDIA ASSURANCE COMPANY LIMITED,

VILE-PARLE. MUMBAI

INTRODUCTION OF THE COMPANY:

THE NEW INDIA ASSURANCE COMPANY was initially formed by MR.

J.R.D. TATA , when it was registered as a private limited company. It was only after
nationalization act passed in 1952 , it was named as the New India Assurance Company
Limited. After nationalization all the 104 private insurance companies functioning under
various names were merged and four subsidiary companies based on region under the
GENERAL INSURANCE CORPORATION OF INDIA were formed viz, 1) THE
NEW INDIA ASSSURANCE COMPANY LIMITED 2) NATIONAL INSURANCE
 COMPANY LIMITED 3) THE ORIENTAL INSURANCE COMPANY LIMITED AND
4) UNITED INDIA INSURANCE COMPANY LIMITED based on the region.

THE NEW INDIA ASSURANCE COMPANY LIMITED is the largest non-

life insurance company operated in India. It has approximately 2200 offices widely
spread throughout India and 22 branches in foreign countries.

General information:

1. Who can be the insured person ?

Any person who has insurable interest in the subject matter to be insured can be insured
person. For example, in case of motor insurance person have the ownership of the
vehicle can insure his car. In case of Mediclaim farther can take our Mediclaim policy for
his son.

2. Types of policies available ?

There are a number of policies available under general insurance. Since the company
deals in non-life business has various types of policies which vary from small needle to
as large as big plane or ship according to the need of the society, for example, motor
insurance, personal accident, Mediclaim insurance, householders insurance, shopkeepers
insurance, marine cargo insurance, hull insurance, boiler insurance, electronic equipment
insurance, burglary insurance, fire insurance, etc.

3. Terms of policies ?

Generally all non life insurance policies are annual policies. However, it is permissible to
issue short term policies as well as long term policies only in few cases, for example,
long term policies are available only in the case of housing premises.
4. Documents required for taking a policy ?

The concept of general insurance is based on the principle of utmost good faith in most of
the cases only proposal form which acts as a declaration is required. In few cases like in
Mediclaim doctor’s report is required according to the age of the proposer.

Risk coverage :

1. Types of risks covered ?

In different kinds of policies different types of risks are covered.

In case of motor insurance policy the risk covered is loss or damage to insured vehicle by
any accidental external means in addition to legal liability for third party property
damage, injury and death.

in case of fire insurance the risk covered is fire and allied perils like explosion, lightning,
bush fire, storm, tempest, etc.

In case of burglary insurance the risk covered is loss or damage to insured property by
burglary. House breaking, larceny and theft.

2. What is loss of profit coverage ?

This policy in given in conjunction with basic fire policy. This policy covers the
loss of income suffered due to business interruption which has taken place due to
occurrence of insured perils like fire. In addition this policy also covers standing charges
like salary to the permanent employees and increased cost of working like addition
expenditure incurred for putting back the production on line.

3. What is third party risk ?

As per the motor vehicle act this is the minimum insurance coverage for any
vehicle plying on the road. This risk is covered under motor policy. Third party means
loss or damage to the third party property damage or third party injury or death.
 Proposal & acceptance :

1. What is a proposal form of a policy ?

It is an important document which is required for taking the policy. It acts as a

declaration. On the basis of the questions required to be filled in the proposal form the
insurer arrives at risk evaluation and then decides upon whether to accept the proposal or
not.

2. Are there any conditions for the acceptance of the proposal ? If yes what ?

Yes there are conditions for acceptance which insurer may impose depending
upon risk perception. For example, in burglary if the jewellery shop has no arm guards
company may charge higher premium with a condition that all goods will be secured in
sage locked after the closure of the shop. If the motor vehicle to be insured is old than the
company may put compulsory excess of say rs.10,000 , which means that the company
will not settle any claim up to rs.10,000.

3. When can company withdraw the proposal form ?

Company may not even accept the proposal in case the risk involved very high.
For example, in burglary insurance of industry which has been locked and left
unoccupied without any security.

4. Procedure for renewal of the policy ?

If there are any changes to be made in the policy renewal will require a specific
request for the same or else all renewal are invited on the same expiring terms unless
there has been any adverse features.

5. Is renewal required once or periodically ?

Almost maximum of general insurance contract are annual contracts. It is

mandatory on part of the insured to renew the policy periodically to keep the policy valid.
6. Are there any maximum or minimum limits of the sum assured ?

There are minimum as well as maximum limits prescribed under various types of
policies. The limits differ for different policies.

7. Is single proposal form used for all types of policies ?

For separate types of policies separate proposal forms are required. The reason is
that the coverage offered are different policies are different.

8. What happens if policies are faulty or documents are improper ?

If the policies are obtained fraudently by providing wrong or incorrect

information company has the right to cancel the policy at any time.

Premium:

1. How are the premiums calculated ?

For calculation of premium various factors considered. In motor insurance the

premium is calculated on the basis of cubic capacity of the vehicle, age of the vehicle,
manufacturer’s price and zone under which is being used. In case of fire insurance
premium rates are based on nature of occupancy, storage risk, i.e., whether industrial unit
or dwelling, office, shop, etc.

Claims :

1. What is the clam procedure ?

Steps to be taken while claiming the amount :

 1. in the event of theft the insured shall lodge a complaint with the police
and take all practicable steps to apprehend the guilty person or persons and
to recover the property lost

2. give immediate notice thereof to the company and shall within 14 days
thereafter furnish to the company at his own expenses detail particulars of
the amount of the loss or the damage together with such explanations and
evidence to substantiate the claim as the company may reasonably require.

2. How much time is taken for settlement of claims ?

Claims are settled on the basis of documents supplied by the customers. In case of
motor insurance average time taken for settlement of claim after submission of all
documents is 7 days. It further depends upon the time taken but settling authority.

3. How much is the claim ratio of the assured amount ?

New India assurance company has adverse claim ratio in case of motor insurance
and Mediclaim insurance. In other insurances the claim ratio is within profit margin.

4. How does the company calculate the amount to be paid in when claimed ?

Quantum of amount payable to insured as indemnity is assessed by independent

surveyor. In case of motor insurance assessment of loss or damage is made by motor
surveyor who arrives at the insurance company’s liability after taking into consideration
the cost of parts damaged less depreciation depending upon the age of the vehicle plus
the labour. All general insurance contracts follow the strict principle of indemnity. That is
to say that if insurer has under insured the subject matter than he will be penalized by
applying the condition of average at the time of the settlement of the claim.

5. Does insured get any amount after specific period without having any affect to
the goods ?

No insured doesn’t get any amount after specific period. General Insurance policy
comes into rescue after the happening of misfortunate event only.
6. Does the company take away the goods assured after happening of the
misfortunate event ?

Yes as per the subrogation principle, insurance company has the right to take
away the salvage. It means when the claim are settled on total loss basis. The Insurer
Company has the right to take the possession of the salvage.

7. Is nomination facility available under general insurance as in life insurance ?

Yes, nomination facility is available in some policies like Mediclaim, personal

accident policy, etc.

Re-insurance :

1. What is re-insurance ?

Many times it may happen that the risk proposed for insurance is to large for one
to accept in such case, one insurer insures the risk and then in turn insures part of that risk
with other insurer. Such decision or retention of part and re-insuring balance of the risk is
termed as re-insurance.

2. What is procedure of settlement of re-insurance claim ?

When a claim arises where re-insurance arrangement has been made the parent
insurer first settles the claim in full and subsequently recovers the proportionate share of
the claim from the re-insurer.

CONCLUSION

The reason to opt to visit “The New India Assurance Company Ltd.”
As the said Company is the largest Non-life Insurance Company which very popular
among the public.

I hereby take the opportunity to sincerely thank the concerned officer and the Company
for extending their whole hearted support to provide me the information during my visit.

The Genaral Insurance is a basic facilities to extend the business without any tension and
risk which are beyond the control of the human beings. The insurance is a device or
mechanism to spread the loss by contributing sum in term of premium.