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bupesh (n/a)     01 October 2007


[font=""times new roman""]Hello members,

Please find the answers to certain common questions relating to Insurance.

Q: What do you mean by insurance?

Insurance is defined as a co-operative device to spread the loss, caused by a particular risk, over a number of persons who are exposed to it and, who agree to insure themselves against that risk. Risk is the uncertainty of a financial loss. It is not to be confused with the chance of loss, which is the probable number of losses out of a given number of exposures. It must not be confused with peril, which is defined as the cause of loss. Neither should it be confused with hazard as this is a condition that may increase the chance of loss. Finally, risk must not be confused with loss itself. Loss is, in fact, the unintentional decline in or disappearance of value that arises from a contingency. Wherever there is uncertainty with respect to a probable loss, there is risk

 Which laws govern insurance contracts?

The foundation of the law and practice of insurance contracts lies in the common law principles, pronounced in English cases. In India, only the Union Parliament can make laws relating to insurance. The main laws, applicable to the insurance business, are as follows:-
[*][font=""times new roman""]Insurance Act, 1938; [/font][/*]
[*][font=""times new roman""]The Life Insurance Act, 1956; [/font][/*]
[*][font=""times new roman""]the General Insurance Business (Nationalization) Act, 1972; [/font][/*]
[*][font=""times new roman""]Insurance Regulatory and Development Authority Act, 1999; [/font][/*]
[*][font=""times new roman""]Public Liability Insurance Act, 1991; [/font][/*]
[*][font=""times new roman""]The Motor Vehicle Act, 1988; [/font][/*]
[*][font=""times new roman""]The Marine Insurance Act, 1963; [/font][/*]
[*][font=""times new roman""]Apart from these, the principles of the Indian Contract Act, 1872; [/font][/*]
[*][font=""times new roman""]Hindu Succession Act, 1913; [/font][/*]
[*][font=""times new roman""]Indian Stamp Act; [/font][/*]
[*][font=""times new roman""]Transfer of Property Act, 1872. [/font][/*][/list][font=""times new roman""]As the law of insurance is not exhaustive, in the case of interpretation of the enactments, reference has to be made to the common law principles that are laid down in judicial decisions.

What is the nature of a life insurance contract?

A life insurance contract may be defined as the contract, whereby the insurer, in consideration of a premium, undertakes to pay a certain sum of money either on the death of the insured or on the expiry of a fixed period. The definition of the life insurance contract is enlarged by Section 2 (ii) of the Insurance Act by including annuity businesses. Since then, the life insurance contract is not an indemnity contract. The undertaking on the part of the insurer is absolute and he must pay a definite sum on maturity of policy at the death or, an amount in installment for a fixed period or during the life.

What is an insurable interest?

For an insurance contract to be valid, the insured must have an insurable interest in the subject matter of insurance. The insurable interest is the pecuniary interest, whereby the policy-holder is benefited by the existence of the subject matter and is prejudiced by the death or damage of the subject matter. The subject matter is life in the case of life insurance; property and goods in property insurance; and, liability and adventure in general insurance. Insurable interest is essentially a pecuniary interest, i.e. the loss, caused by the happening of the insured risk, must be capable of financial valuation.

What is the effect of nomination in insurance law?

S. 39 of the Insurance Act, 1938 provides that an insured may nominate a person as the nominee. The effect of such nomination is that the nominee is to be paid the amount of the policy on the occurrence of the event of the death of the insured. The object of the section is to give the nominee the power of receiving the money under the policy from the insurer, without prejudice to the decision of any question of title thereto. As a nomination, as provided in this section in respect of a policy of life insurance, confers no right on the nominee during the lifetime of the insured, it confers on him a bare right to receive the policy money on the death of the insured, and to give the insurer a good discharge.



 3 Replies

Shambasiv (n/a)     03 October 2007

To add some more:

What is Premium ?

Premium is the fixed amount of sum paid over the period by the insured to the insurance company to take insurance policy and to complete the contract of insurance.

What is Underwriting ?

It is the consideration of material fact to asses the risk and to take the decision whether to accept the risk for insurance contract and if so at what rate of premium.

What is deductible ?

The amount, which the insured has to bear in all cases and this amount is first, deducted from the total assessed payable claims amount before determining insurance company's liability.

What is Reinsurance ?

It is an arrangement by which insurance companies spread their risk with other underwriters or reinsurance companies called Reinsurance.

Why should I fill up proposal form for buying Insurance ?

Insurance is a contract between the insured and the insurer. The proposal form is the basis of contract and it contains all the required information for the preparation of the policy which is a contract document.

What all can I get covered under insurance ?

Almost everything that has a financial value in your life and has a probability of getting lost, stolen or damaged, can be covered through insurance. Property (both movable and immovable), vehicle, cash, household goods, health, dishonesty and also your liability towards others can be covered.


Shambasiv (n/a)     03 October 2007

[font=tahoma]I am also adding a few more information.[/font]

[font=tahoma]Is it mandatory to have insurance for plying vehicles on the public place ? [/font]

[font=tahoma]As per Motor Vehicle Act, it is mandatory to have Motor Liability only Policy for covering Third Party.[/font]

[font=tahoma]What are documents required at the time of claim ? [/font]

[font=tahoma]Copy of claim intimation given to insurer with xerox copy of policy and premium receipt, duly filled Claim Form, Driving License, Registration Certificate of Vehicle, Estimate of repairs from repairer and stamped receipt, Bills and Cash Memo of repairs, verification of road tax, Police Panchanama/FIR, Permit and Fitness Certificate and any other documents deem feet for the situation.[/font]

[font=tahoma]What is Solatium Fund Scheme ? [/font]

[font=tahoma]It is the Scheme formed by the Central Govt. to provide compensation to the victims of ""Hit and Run "" motor accident. The amount of compensation is Rs. 25,000/- in the event of death and Rs. 12,500/- for grievous hurt.[/font]

[font=tahoma]What types of risks are covered under Fire Policy ? [/font]

[font=tahoma]Fire, Lightning, Explosion/Implosion, Aircraft Damage, Storm, Cyclone, Riot, Strike, Malicious Damage, Impact Damage, Subsidence, Land Slide, Missile Testing Operation, Bush Fire etc.[/font]

[font=tahoma]What is Marine (Cargo) Insurance ? [/font]

[font=tahoma]The insurance of goods in transit from one place to another by any single mode or combined modes of sea, rail, road, air and inland waterways.[/font]

raja (business)     03 November 2008

dear sir, is it mandatory for banks to have ecgc cover if they finanace for exports? there are guidelines from rbi for insurence to take for financing agaist export?. psu banks are bound to take care of public money deposited with them.

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