Insurance law in India - notes

There are several insurances such as life insurance, fire insurance etc. in India and each insurance have their own provisions. Insurance law is included in the syllabus of some law colleges. In this article I've tried to gather some basic information about some common insurance policies. I've taken help from wikipedia and other websites to gather these information. Hope this article will help both students and others. Let's read:

1) What do you understand by the term ‘insurance’ ?

Insurance means an arrangement by which a company or the state undertakes to provide a guarantee of compensation for specified loss, damage, illness, or death in return for payment of a specified premium.

Insurance is a means of protection from financial loss. It is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss.

An entity which provides insurance is known as an insurer, insurance company, or insurance carrier. A person or entity who buys insurance is known as an insured or policyholder. The insurance transaction involves the insured assuming a guaranteed and known relatively small loss in the form of payment to the insurer in exchange for the insurer's promise to compensate the insured in the event of a covered loss. The loss may or may not be financial, but it must be reducible to financial terms, and must involve something in which the insured has an insurable interest established by ownership, possession, or preexisting relationship.

The insured receives a contract, called the insurance policy, which details the conditions and circumstances under which the insured will be financially compensated. The amount of money charged by the insurer to the insured for the coverage set forth in the insurance

policy is called the premium. If the insured experiences a loss which is potentially covered by the insurance policy, the insured submits a claim to the insurer for processing by a claims adjuster.

2) Discuss the essential features of contract of insurance ?

The contract of insurance is very useful to indemnify any loss. In this light, contract of insurance is also called as contract of indemnity in which insurer indemnifies the loss incurred due to the happening or non-happening of any event depending upon contingency.

To make contract of insurance valid in the eye of law, some essential elements must be considered in its process of validity. The insurance contract, like any other contracts must satisfy the usual conditions of a contract. The essentials of insurance contracts are as follows:

i. Agreement

Agreement means communication by the parties to one another of their intentions to create legal relationship. For a valid contract of insurance, there must be an agreement between the parties, i.e. one making offer or proposal and another accepting the proposal or signifying his acceptance upon proposal.

ii. Free consent

There must be free consent between the parties to contract. Consent means that parties to an agreement must agree on a specific thing in the same sense or their understanding should be the same. Consent must be given by the parties thereto in a contract, freely, independently, without any fear and favor. The consent is known to be free when it is not caused by, fraud, misrepresentation, mistakes and other undue influences .

iii. Components to contract

The parties in an agreement must be legally competent to enter into the contract. It means both parties in the insurance contract must be age of majority, posses sound mind and not disqualified by any ;aw of the country. It clears that a person who is minor, lunatics, idiot and alike cannot enter into a insurance contract. The contract entered into by these will be declared as void.

iv. Lawful object

In insurance contract, the object of the contract must be lawful as in other types of contracts. The agreement must not relate to a thing which is contrary to the provision of any law or has expressly been forbidden by any law. It must not be of such nature that if permitted, it implies injury to the person or property of other or immoral or opposed to public policy.

v. Lawful consideration

There must be due and lawful consideration in the insurance contract. The consideration, for which the contract is entered and created by the parties, must be lawful. To establish legal relationship, to create obligation between them and to make it enforceable by law there must be lawful consideration.

vi. Compliance with legal formalities

To make an agreement valid, prescribed legal formalities of writing, registration, etc. must have been observed. In the contract of insurance, the agreement between parties must be in written form and dully signed by both parties, properly attested by witness and registered otherwise, it may not be enforced by the court.

3) What is meant by the term Risk ?

A risk that is specified in an insurance policy is a contingency which might or might not occur. The policy promises to reimburse the person who suffers a loss resulting from the risk for the amount of damage done up to the financial limits of the policy.

4) Discuss the various types of Risk ?

There are different types of risks — only some are preventable, and only certain types of risk are insurable Risk can be categorized as to what causes the risk, and to whom it affects.

Pure risk is a risk in which there is only a possibility of loss or no loss—there is no possibility of gain. Pure risk can be categorized as personal, property, or legal risk. Pure risk is insurable, because the law of large numbers can be applied to estimate future losses, which allows insurance companies to calculate what premium to be charged based on expected losses.

static risks are more predictable, and, therefore, more insurable. Dynamic risks change with time, making them less predictable and less insurable.

Personal risks are risks that affect someone directly, such as illness, disability, or death. Property risk affects either personal or real property. Thus, a house fire or car theft are examples of property risk.

Legal risk (aka liability risk) is a particular type of personal risk that you will be sued because of neglect, malpractice, or causing willful injury either to another person or to someone else's property.

Speculative risk differs from pure risk because there is the possibility of profit or loss, such as investing in financial markets. Most speculative risks are uninsurable, because they are undertaken willingly for the hope of profit.

Fundamental risk is a risk, such as an earthquake or terrorism, that can affect many people at once. Economic risks, such as unemployment, are also fundamental risks because they affect many people. Particular risk is a risk that affects particular individuals, such as robbery or vandalism. Insurance companies generally insure some fundamental risks, such as hurricane or wind damage, and most particular risks. In the case of fundamental risks that are insured, insurance companies help to reduce their risk of great financial loss by limiting coverage in a specific geographic area and by the use of reinsurance, which is the purchase of insurance from other companies to cover their potential losses. However, private insurers do not insure many fundamental risks, such as unemployment.

5) How it is related to insurance policy ?

An insurable risk is a risk that meets the ideal criteria for efficient insurance. The concept of insurable risk underlies nearly all insurance decisions.

For a risk to be insurable, several things need to be true:

• The insurer must be able to charge a premium high enough to cover not only claims expenses, but also to cover the insurer's expenses. In other words, the risk cannot be catastrophic, or so large that no insurer could hope to pay for the loss.
• The nature of the loss must be definite and financially measurable. That is, there should not be room for argument as to whether or not payment is due, nor as to what amount the payment should be.
• The loss should be random in nature, else the insured may engage in adverse selection (antiselection).

Insurance is not effective for risks that are not insurable risks. For example, risks that are too large cannot be insured, or the premiums would be so high as to make purchasing the insurance infeasible. Also, risks that are not measurable, if insured, will be difficult if not impossible for the insurer to quantify, and thus they cannot charge the correct premium. They will need to charge a conservatively high premium in order to mitigate the risk of paying too large a claim. The premium will thus be higher than ideal, and inefficient. Passing of risk involves both party to the contract. The general rule is that unless otherwise agreed, risk passes with title. An agreement to the contrary may be either expressed or implied.

EXCEPTIONS TO THE GENERAL RULE: (A) RISK INCIDENTAL TO TRANSIT: The law provided that where the seller undertakes to make delivery of the goods to the buyer, risk attendant to the system of transportation or voyage contemplated will be borne by the buyer unless the parties agreed to the contrary. This is referred to as insurable risk. (B) RISK ATTRIBUTABLE TO FAULT OF EITHER PARTY: Any damage or loss which arises as a result of the fault or neglect of the seller or the buyer or their respective agents as the case may be shall be borne by that party at fault. (C) GOODS PERISHING: Goods perish not only when they cease to exist physically but also when they cease to exist in a commercial sense, e.g. fresh milk gone sour.

6) Nature and Scope of Marine Insurance

The nature and scope of marine insurance is determined by reference to s. 6 of the Marine

Insurance Act and by the definitions of “marine adventure” and “maritime perils”.

It is a contract of indemnity but the extent of the indemnity is determined by the contract.

It relates to losses incidental to a marine adventure or to the building, repairing or launching of a

ship.

A marine adventure is any situation where the insured property is exposed to maritime perils.

Maritime perils are perils consequent on or incidental to navigation.

 S.6 MIA

6. (1) A contract of marine insurance is a contract whereby the insurer undertakes

to indemnify the insured, in the manner and to the extent agreed in the contract,

against

(a) losses that are incidental to a marine adventure or an adventure analogous to a

marine adventure, including losses arising from a land or air peril incidental to

such an adventure if they are provided for in the contract or by usage of the trade;

or

(b) losses that are incidental to the building, repair or launch of a ship.

(2) Subject to this Act, any lawful marine adventure may be the subject of a

contract.

S.2(1) “Marine Adventure”

"marine adventure" means any situation where insurable property is exposed to

maritime perils, and includes any situation where

(a) the earning or acquisition of any freight, commission, profit or other pecuniary

Giaschi & Margolis 3 www.AdmiraltyLaw.com

benefit, or the security for any advance, loan or disbursement, is endangered by

the exposure of insurable property to maritime perils, and

(b) any liability to a third party may be incurred by the owner of, or other person

interested in or responsible for, insurable property, by reason of maritime perils;

S.2(1) “Maritime Perils”

"maritime perils" means the perils consequent on or incidental to navigation,

including perils of the seas, fire, war perils, acts of pirates or thieves, captures,

seizures, restraints, detainments of princes and peoples, jettisons, barratry and all

other perils of a like kind and, in respect of a marine policy, any peril designated

7) Essentials of Life insurance contract ?

Like any other contract, a contract of life insurance must satisfy the essentials of a valid contract. All the agreements are contracts if they are made by the free consent of the parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.56

(a) Offer and Acceptance

The intimation of the proposer's intention to buy insurance is the 'offer', while the insurer's willingness to undertake the risk, is the acceptance. The insurer may also propose tomake the contract. From whichever side the offer may be, the main fact is acceptance.

The offer in life insurance is usually made by the assured in the printed form of the proposal supplied by the insurer. In life insurance the proposal is contained in four parts, namely, (i) proposal form, (ii) medical report (iii) agent's report, and friend's report.57 Generally, the acceptance of proposal is to be made by the insurer. The insurer receiving the papers containing the proposal scrutinizes them and when they are found in order he signifies his assent thereto by a letter of acceptance. Until this is sent there is no acceptance, though a cheque for the premium is sent and the money is received and retained till after the death of the insured.

(b) Consideration

The law of life insurance also requires a lawful consideration for its validity as it is essential to a legal contract.58 Consideration is the price for which the promise of the insurer is purchased. The payment of first premium is the consideration for the insurer and the insurer’s promise to indemnify the assured from the stipulated risk in the policy is the consideration to the assured.

In case of Raj Narain Das Mahapatra,59 it was settled that cashing of the cheque was an acceptance of the risk whether policy was issued or not.

(c) Competence of Parties

The parties must be competent to enter into a contract, the parties must be of the age of majority,60 of sound mind and not disqualified from contracting by any law to which any of them is subject.

Regarding the insurance contracts only those insurers can grant insurance policies who have been issued license under the Insurance Regulatory and Development Authority.62

(d) Legality of Object

A contract will be invalid if the object is illegal or against public policy. The object of life insurance contract will be legal if it is made for one's own protection or for the protection of the family against financial losses. In brief, the person desiring policy must have insurable interest in the life proposed for insurance.63

The object of an agreement is lawful unless64:

(i) it is forbidden by law, or

(ii) it is of such a nature, that if permitted would defeat the provisions of any law, or

(iii) it is fraudulent

(iv) it involves injury to person or property of another

(v) the court regards it immoral or opposed to public policy.

In Northern India Insurance Company v. Kanhaya lal,65 the policy became void because the insured caused his own death before the policy has been in existence for one year.

(e) Free Consent of Parties

When parties to a contract agree on the terms and conditions of the contract in the same sense and spirit, they are said to have free consent. The consent is said to be free when it is not caused by coercion, or undue influence or fraud or misrepresentation or mistake.66

In a contract of insurance the insurer and the insured must be in genuine agreement as to the subject matter of insurance, that is, life to be insured, sum assured and term of the insurance and every other particular relating to the contract. When a person signs a proposal for insurance, he gives his free consent to the contract. The proposer should understand the

contents of proposal in the same sense and make a written declaration on the proposal. He is responsible for the proposal made by him. In Bernarsi Das v. New India Assurance Co. Ltd,.67 a principle of law has been laid down. It is well established rule of law that in case of a person who is illiterate or who is not in a position to understand the contents of a document, the contract cannot be imposed upon him simply because he had endorsed his signature thereon.

In Kulta Ammal v. Oriental Government Security Life Assurance Co. Ltd,.68 it was held that in case of an illiterate person it is necessary to prove the fact that he had knowledge of what was stated in the proposal.

8) Nature of Life insurance contract?

The nature of contract of life insurance may be summarized under the following heads:

(a) Unilateral Contract

It is that type of contract where only one party to the contract makes legally enforceable promise.52 Here it is the insurer who makes an enforceable promise. The insurer can repudiate the contract of payment of full policy, but he cannot compel the insured to pay the subsequent premiums. On the other hand, if the insured continues to pay the premium, the insurer has to accept them and continue the contract.53

(b) Contract of Utmost Good Faith

An insurance contract is a contract of utmost good faith and therefore, the contracting parties are placed under a special duty towards each other, not merely to refrain from active misrepresentation but to make full disclosure of all material facts within their knowledge.54 It has been said that ‘there is no class of documents to which the strictest good faith is more rightly required in courts of law than policies of insurance’.55

(c) Conditional Contract

Life insurance is subject to the conditions and privilege provided on the back of the policy. The conditions put the obligation on a party to fulfill certain conditions before the proof of death or of disability are the parts of the contract. The conditions whether precedent or subsequent of the legal rights must be fulfilled in order to complete the contract.

(d) Aleatory Contract

In such a kind of contract, no mutual exchange of equal monetary value is done. It is the happening of the contingency on which the payment is made. If death occurs only after payment of a few premiums, full policy amount is paid.

(e) Contract of Adhesion

In such a contract, the terms of the contract are not arrived at by mutual negotiations. Similarly, in a life insurance contract, the contract is decided upon by the insurer only. The party on the other side has to choose between the two options, i.e. either to accept or reject the policy.

(f) Contract of Certain Amount

Life insurance contract does not provide an indemnity. It is in the nature of a contingency contract by providing for the payment of the agreed amount on the happening of the event.

(g) Standard Form of Contract

In the life insurance, all the essentials of a general contract as provided by the Indian Contract Act, 1872, for a valid contract are present.

9) What are the effects of Suicide in Life insurance policy?

For every insurance policy, there are two exclusions that dictate if and when suicide is covered.

  i. The Suicide Clause

A life insurance company won't pay death benefits if the policyholder commits suicide within a specific period of time after their policy takes effect. In most states, that period is two years.

However, after those two years are up, the suicide clause no longer applies. If the policyholder commits suicide after the clause has expired, their life insurance claim typically can't be contested. Their beneficiaries will likely receive the full payout.

ii. The Contestability Clause

Like the suicide clause, the "contestability period" is a two-year window from the date that a life insurance policy takes effect. It says that if a policyholder dies within those first two years, their insurer has the right to investigate their cause of death. During this time, the insurance company can obtain an autopsy report, medical reports, and interviews with family and friends of the deceased. 

Suicide Clause Vs. Contestability Clause

The suicide clause deals strictly with what insurers might call "intentional self-destruction" or "death by one's own hand." If a policyholder commits suicide within the time period dictated by the exclusion, the insurer will look for proof that their death was intentional. If it was, beneficiaries won't receive a payout.

On the other hand, the contestability clause applies to any death that happens in the first two years of a policy start date, whether or not it was intentional. Say, for instance, that you die of lung cancer. Your insurer will look through your medical report to see if you have a history of smoking. If you do, and you didn't disclose that to your insurance company, they have a right to cancel your death benefits.

Why Exclude Suicide Coverage?

Insurance policies include a suicide provision to protect insurers. Without the exclusion, a policyholder could buy a policy with the intention of committing suicide. As soon as their policy took effect, they could take their own life, and their beneficiaries would receive the policy's full payout.

That might seem like an outrageous scenario, that someone could be so desperate to ease their family's financial struggles that they'd actually take their own life. But it's happened. Loss of a job, rising debt, a death in the family -- these events might be so devastating, the promise of a life insurance benefit could be the deciding factor for committing suicide. The suicide clause tries to curb that incentive.

10) Basic characteristics of Fire insurance ?

Fire Insurance Definition

Fire insurance means insurance against any loss caused by fire. Section 2(61 of the Insurance Act defines fire insurance as follows: “Fire insurance business means the business of effecting, otherwise than incidentally to some other class of business, contracts of insurance against loss by or incidental to fire or other occurrence customarily included among the risks insured against in fire insurance policies.”

What is ‘Fire’?

The term fire in a Fire Insurance Policy is interpreted in the literal and popular sense. There is fire when something burns. In English cases it has been held that there is no fire unless there is ignition. Stanley v. Western Insurance Co. Fire produces heat and light but either o them alone is not fire. Lighting is not fire. But if lighting ignites something, the damage may be covered by a fire-policy. The same is the case with electricity.

Characteristics of Fire Insurance

1. Fire insurance is a contract of indemnity. The insurer is liable only to the extent of the actual loss suffered. If there is no loss there is no liability even if there is a fire.
2. Fire insurance is a contract of good faith. The policy-holder and the insurer must disclose all the material facts known to them.
3. Fire insurance policy is usually made for one year only. The policy can be renewed according to the terms of the policy.
4. The contract of insurance is embodied in a policy called the fire policy. Such policies usually cover specific properties for a specified period.
5. Insurable Interest: A fire policy is valid only if the policy-holder has an insurable interest in the property covered. Such interest must exist at the time when the loss occurs. In English cases it has been held that the following persons have insurable interest for the purposes of fire insurance- owner; tenants, bailees, including carriers; mortgages and charge-holders.
6. In case of several policies for the same property, each insurer is entitled to contribution from the others. After a loss occurs and payment is made, the insurer is subrogated to the rights and interests of the policy-holder. An insurer can reinsure a part of the risk.
7. Fire policies cover losses caused proximately by fire. The term loss by fire is interpreted liberally. Example: A women hid her jewellery under the coal in her fireplace. Later on she forgot about the jewellery and lit the fire. The jewellery was damaged. Held, she could recover under the fire policy.
8. Nothing can be recovered under a fire policy if the fire is caused by a deliberate act of policy-holder. In such cases the policy-holder is liable to criminal prosecution.
9. Fire policies generally contain a condition that the insurer will not be liable if the fire is caused by riot, civil disturbances, war and explosions. In the absence of any specific expectation the insurer is liable for all losses caused by fire, whatever may be the causes of the fire.
10. Assignment: According to English law a policy of fire insurance can be assigned only with the consent of the insurer. In India such consent is not necessary and the policy can be assigned as a chose-in-action under the Transfer of Property Act. The insurer is bound when notice is given to him. But the assignee cannot be recovering damages unless he has an insurable interest in the property at the time when the loss occurs. A stranger cannot sue on a fire policy.
11. Payment of Claims: Fire policies generally contain a clause providing that upon the occurrence of fire the insurer shall be immediately notified so that the insurer can take steps to salvage the remainder of the property and can also determine the extent of the loss. Insurance companies keep experts on their staff of value the loss. If in a policy there is an international over valuation of the property by the policy-holder, the policy may be avoided on the ground of fraud.

11) Property insurance


People have an insurable interest in their property up to the value of the property, but no more. The principle of indemnity dictates that the insured be compensated for a loss of property, but not paid more than what the property was worth. A lender who grants a mortgage on the security of a house has an insurable interest in that house, but only up to the amount outstanding on the loan.

12) Discuss the salient features of Public Liability Insurance Act 1991 ?

 Salient Features

 It is a modified version of public liability (Industrial) policy and the term 'handling' is wide enough to include baileys or any other intermediaries and transport operators. The transport operators who transport substances like liquefied petroleum Gas, certain acids, hexane and other toxic substances are required to compulsorily obtain Public liability policy. 

13) Public Liability Insurance Act,1991


Public Liability Insurance Act,1991 is to provide the compensation for damages to victims of an accident of handling any hazardous substance or It is also calls, to save the owner of production/storage of hazardous substance from hefty penalties. This is done by proving compulsory insurance for third party liability. As from the name of the act, it is Public Liability.

First time owner is put on anvil to provide the compensation/relief, when death or injury to any person (please note-other than a workman) or damage to any property has resulted from an accident of hazardous substance.

Actually the owner shall buy one or more insurance policies before he/she starts handling any hazardous substance.  When any accidents come in knowledge of  Collector, then he/she verify the occurrence of accident and order for relief as he/she deems fit.

The only restriction that is put on Public Liability Insurance Act is that the application for relief should within five years of the occurrence of the accident.

When Collector finds the guilty, the insurer (means person or insurance company) is required to pay amount as deems to be fit as per law within a period of thirty days of the date of announcement of the award. The Owner shall also pay the relief as Collector deems fit because it is duty of owner to keep the hazardous material safe in his custody. The amount is normally deposited in account of “Relief Fund” and Collector arrange the relief to pay from the Relief Fund.

The Collector shall have all the powers of Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed.

Where an offence has been committed by any Department of Government in case of hazardous chemical, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be punished.

Insurance policy taken out by an owner shall not be for a amount less than the amount of the paid-up capital of the under taking handling any hazardous substance and owned or controlled by that owner and more than the amount, not exceeding fifty crore rupees, as may be prescribed. “Paid-up capital” in this sub-section means, in the case of an owner not being a company, the market value of all assets and stocks of the undertaking on the date of contracts of insurance.

Contribution of owner to the Environmental Relief Fund:

An owner shall contribute to the Environmental Relief fund a sum equal to the premium payable to the insurer and every contribution to the Environmental Relief Fund shall be payable to the insurer, together with the amount of premium.

Powers of Collector:

1. The Collector may follow such summary procedure for conducting an inquiry on an application for relief under the Act, as he thinks fit.
2. The Collector shall have all the powers of a Civil Court for the following purposes namely:-
1. summoning and enforcing the attendance of any person and examining him on oath.
2. requiring the discovery and production of documents;
3. receiving evidence on affidavits;
4. subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or document or copy of such record or document from any office;
5. issuing commissions for the examining of witness or documents;
6. dismissing an application for default or proceeding ex-parte;
7. setting aside any order of dismissal of any application for default or any order passed by it exparte;
8. inherent powers of a civil court as-served under section 151 of the Code of Civil Procedure, 1908.

Jurisdiction of Court of India :

No court shall take cognizance of any offence under this Act except on a complaint made by

1. Any authority or office or person authorized by Central Government.
2. Any person after giving notice but should not less than 60 days for the alleged offence and of his intention to make a complaint to the Central Government or the authority or officer authorized as mentioned above.

 Advisory Committee

The Central Government constitutes an Advisory Committee for the cases/matters relating to the insurance policy under this Act:

1. The Advisory Committee shall consist of–
• 3 officers nominated by Central Government;
• 2 persons on behalf of insurers;
• 2 persons on behalf of owners ; and
• 2 persons from amongst the experts of insurance or hazardous substances, to be appointed by  the Central Government.

Chairperson shall be one of the member nominated by Govt of India. 

Amount of Compensation

1. Reimbursement of medical expenses incurred up to a maximum of Rs. 12,500 in each case.
2. For fatal accidents the relief will be Rs. 25,000 per person in addition to reimbursement of medical expenses if any, incurred on the victim up to a maximum of Rs. 12,500.
3. For permanent total or permanent partial disability or other injury or sickness, the relief will be
1. reimbursement of medical expenses incurred, if any, up to a maximum of Rs. 12,500 in each case and
2. cash relief on the basis of percentage of disablement as certified by an authorised physician. The relief for total permanent disability will be Rs. 25,000.
4. For loss of wages due to temporary partial disability which reduces the earning capacity of the victim, there will be a fixed monthly relief not exceeding Rs. 1,000 per month up to a maximum of 3 months provided the victim has been hospitalised for a period of exceeding 3 days and is above 16 years of age.

14) SOCIAL INSURANCE

Social insurance is any government-sponsored program with the following four characteristics:

• the benefits, eligibility requirements and other aspects of the program are defined by statute;
• explicit provision is made to account for the income and expenses (often through a trust fund);
• it is funded by taxes or premiums paid by (or on behalf of) participants (but additional sources of funding may be provided as well); and
• the program serves a defined population, and participation is either compulsory or so heavily subsidized that most eligible individuals choose to participate.

Social insurance has also been defined as a program whose risks are transferred to and pooled by an often government organisation legally required to provide certain benefits.


15) Similarities between social insurance and private insurance


Typical similarities between social insurance programs and private insurance programs include:

• Wide pooling of risks;
• Specific definitions of the benefits provided;
• Specific definitions of eligibility rules and the amount of coverage provided;
• Specific premium, contribution or tax rates required to meet the expected costs of the system.^[

·          

·         ·  Social insurance programs share four characteristics: they have well-defined eligibility requirements and benefits, have provisions for program income and expenses, are funded by taxes or premiums paid by participants, and have mandatory or heavily subsidized participation.

·         ·  Social insurance programs differs from welfare programs in that they take participant contributions into account. Welfare benefits are based on need, not contributions.

·         ·  Social Security, Medicare, and unemployment insurance are three well-known social insurance programs in the United States.

16) HEALTH INSURANCE

Health insurance is insurance against the risk of incurring medical expenses among individuals. By estimating the overall risk of health care and health system expenses, among a targeted group, an insurer can develop a routine finance structure, such as a monthly premium or payroll tax, to ensure that money is available to pay for the health care benefits specified in the insurance agreement. The benefit is administered by a central organization such as a government agency, private business, or not-for-profit entity. According to the Health Insurance Association of America, health insurance is defined as "coverage that provides for the payments of benefits as a result of sickness or injury. It includes insurance for losses from accident, medical expense, disability, or accidental death and dismemberment"

17)INSURANCE MARKET

Marketing. Insurers will often use insurance agents to initially market or underwrite their customers. Agents can be captive, meaning they write only for one company, or independent, meaning that they can issue policies from several companies.

The insurance industry of India consists of 52 insurance companies of which 24 are in life insurance business and 28 are non-life insurers. Among the life insurers, Life Insurance Corporation (LIC) is the sole public sector company.

Indian insurance market

Out of 28 non-life insurance companies, there are six public sector insurers, which include two specialised insurers namely  Agriculture Insurance Company Ltd for Crop Insurance and  Export Credit Guarantee Corporation of India for Credit Insurance.  Moreover, there are  5 private sector insurers are registered to underwrite policies exclusively in Health, Personal Accident and Travel insurance segments. They are Star Health and Allied Insurance Company Ltd, Apollo Munich Health Insurance Company Ltd, Max Bupa Health Insurance Company Ltd, Religare Health Insurance Company Ltd and Cigna TTK Health Insurance Company Ltd.

In addition to 52 insurance companies, there is sole national re-insurer, namely, General Insurance Corporation of India. Other stakeholders in Indian Insurance market include approved insurance agents, licensed Corporate Agents, Brokers, Common Service Centres, Web-Aggregators, Surveyors and Third Party Administrators servicing Health Insurance claims.

Insurance Laws (Amendment) Act, 2015 provides for enhancement of the Foreign Investment Cap in an Indian Insurance Company from 26% to an Explicitly Composite Limit of 49% with the safeguard of Indian Ownership and Control.

18) UTMOST GOOD FAITH

Utmost good faith is a common law principle (sometimes called Uberrimae Fidei). The principle means that every person who enters into a contract of insurance has a legal obligation to act with utmost good faith towards the company offering the insurance.

What is the 'Doctrine Of Utmost Good Faith'

The doctrine of utmost good faith is a minimum standard that requires both the buyer and seller in a transaction act honestly toward each other and not mislead or withhold critical information from one another. The doctrine of utmost good faith applies to many common financial transactions. It is also known in its Latin form as "uberrimae fidei."

BREAKING DOWN 'Doctrine Of Utmost Good Faith'

In the insurance market, the doctrine of utmost good faith requires the party seeking insurance discloses all relevant personal information. For example, if you are applying for life insurance, you are required to disclose any previous health problems you may have had. Likewise, the insurance agent selling you the coverage must disclose the critical information you need to know about your contract and its terms.

The doctrine of utmost good faith provides general assurance that the parties involved in a transaction are being truthful and acting in an ethical way. This can include ensuring all relevant information is available to both parties while negotiations are taking place or amounts are being determined.

Uses of the Doctrine of Utmost Good Faith

Aside from the aforementioned use in the insurance market, good faith may also be exercised while completing various financial transactions. This can include when a business or individual seeks financing from banking institutions, or when a financial institution provides a fee estimate as a real estate loan is in process.

Often, estimates provided by certain service providers are made in good faith. In this context, it refers to the fact the service provider, such as a plumber or electrician, is confident in the cost estimate based on the known factors surrounding the transaction, in this case a repair. It is considered good faith only, and not legally bonding, as it acknowledges that not all variables are known. Certain issues may not be discoverable, by the service provider or the person requesting service, until certain work has begun.

Repercussions for Violations of Good Faith

Depending on the nature of the transaction, violations of the doctrine of good faith can result in a variety of consequences. Most commonly, whatever contract was drawn based on inaccurate information, caused by intentional misinformation or failure to disclose, may cause the contract to become null and void.

19) INSURABLE INTEREST

Insurable interest exists when an insured person derives a financial or other kind of benefit from the continuous existence, without impairment or damage, of the insured object (or in the case of a person, their continued survival). A person has an insurable interest in something when loss of or damage to that thing would cause the person to suffer a financial or other kind of loss. Typically, insurable interest is established by ownership, possession, or direct relationship. For example, people have insurable interests in their own homes and vehicles, but not in their neighbors' homes and vehicles, and certainly not those of strangers.

The "factual expectancy test" and "legal interest test" are the two major concepts of insurable interest.

So, these are some common information about various insurances. For any queries, please comment in the comment box below. All the best.

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