Key Principles of Insurance

 
Principles 
of
 
insurance
 
1) Insurable
 
interest
 
Insurable 
interest 
means 
that 
the 
person 
opting
for 
insurance 
must 
have 
pecuniary 
interest 
in
 
the
property 
he 
is 
going 
to
 
get 
insured 
and 
will 
suffer
financial 
loss 
on 
the 
occurrence 
of 
the 
insured
event.
This 
is 
one 
of 
the 
essential 
requirements 
of
 
any
insurance
 
contract.
Therefore 
, 
a 
person 
can 
go 
for 
insurance 
of
 
only
those 
properties 
where 
he 
stands 
to 
benefit 
by
the 
safety 
of 
the 
property, 
and 
will 
suffer 
loss,
damage, 
injury 
if 
any 
harm 
takes 
place 
to 
such
property.
 
E
x
ample
 
If
 
the
 
house
 
you
 
own
 
is 
damaged 
by
 
fire,
 
the
 
value
of  
your 
house 
has 
been 
reduced 
by 
the 
damages
sustained 
in 
the
 
fire.
Whether
 
you
 
pay
 
to
 
have
 
the
 house
 
rebuilt
 
or
 
you
and  
up 
selling 
it 
at 
a 
reduced 
price. 
You 
have 
to
suffered 
a  
financial 
loss 
resulting 
from the
 
fire.
By 
contrast, 
if 
your 
neighbor’s 
house, 
which 
you 
do
not  
own, 
is 
damaged 
by 
fire, 
you 
may 
feel
sympathy 
for  
your 
neighbor 
and
 
you
 
may
 
even 
be 
emotionally
upset, 
but 
you 
have 
not 
suffered 
a 
financial 
loss
from  
the
 
fire,
 
but
 
in
 
this
 
example
 
you
 
do
 
not
 
have
an
insurable 
interest 
in 
your 
neighbor’s
 
house.
 
2) 
At most good faith
 
Uberrima 
fides 
Almost 
good
 
faith
The 
insurance 
contract 
must 
be 
based 
on
 
good
faith.
If 
the 
insurance 
contract 
is 
obtained
 
by 
way 
of
fraud 
or 
misrepresentation 
it
 
is 
void.
When 
an 
individual 
apply 
for 
life 
insurance, 
it 
is
important 
to 
answer 
all 
questions 
truthfully 
and  
to
volunteer
 
any
 
information
 even
 
if
 
not
 
asked,
 
if  
in
doubt, 
just 
disclose 
it. 
Failure 
to 
disclose  
material
facts 
could 
render 
the 
entire 
contract  
void.
 
E
x
ample
 
If 
a 
person 
was 
suffering 
from 
sinusitis 
but 
did 
not
disclose
 
it,
 
the
 
entire
 
contract
 
could
 
be
 
cancelled
 
when
the 
insurer 
discover
 
non-disclosure.
Cancellation
 
of
 
the
 
entire
 
contract
 
means 
other
 
non-
related 
illnesses 
like 
cancer 
could 
no longer 
be
covered.
Some 
financial 
advisors 
who 
in 
their 
enthusiasm 
in
closing
 
the
 
sale
 
advice
 
their
 
clients
 
not
 
to
 
disclose
 
their
pre-existing 
conditions 
for 
fear 
that 
the underwriter
would 
reject 
the
 
case.
Therefore 
it 
is 
important 
to
 
engage 
an 
ethical financial
advisor. 
To
 
avoid
 
any
 
conflict 
of 
interest, 
ensure 
you
pay 
a 
fee 
for
 
consultation.
 
3) 
Material 
facts
 
disclosure
 
In 
the 
insurance 
contract, 
the 
proposer 
is
required
 
to
 
disclosure
 
to
 
the
 
insurer
 
all
 
the
material 
facts 
in 
respect 
of 
the 
proposed
insurance.
This
 
duty 
of 
disclosing 
the 
material 
facts
 
not
only 
applies 
to 
the 
material 
facts 
which 
are
known 
to 
him 
but 
also 
extends 
to 
material
facts 
which 
he 
is 
supposed 
to
 
know.
 
Examples
 
Acquisition 
of 
new 
companies 
and/or
 
mergers
Changes 
to 
your 
business
 
description.
Additional product 
lines 
and/or 
new
 
services
Hazardous 
trade 
processes, 
or 
storage 
of
hazardous 
matter, 
including 
changes 
or
 
additons
to 
processes 
or 
storage 
already
 
declared
Incidents 
not 
reported 
to 
insurers 
that 
might
otherwise 
have 
led 
to 
a 
claim 
e.g 
theft
 
or 
small
fires.
 
4)
 
Indemnity
 
The 
insurance 
contract 
should 
always 
be 
a 
contract
 
of
indemnity
 
only
 
and 
nothing
 
more.
Insured 
can’t 
make 
any 
profit 
from the 
insurance
contract. 
Insurance 
contract 
means 
for 
coverage
 
of
losses
 
only.
Indemnity
 
means
 
a
 
guarantee
 
to
 
put
 
the
 
insured
 
in
 
the
position 
as 
he 
was 
before
 
accident.
This 
principle 
does 
not 
apply 
to 
life
 
insurance
contracts.
The 
main 
object 
of 
this 
principle 
is 
to 
ensure 
that 
the
insured
 
is 
not
 
able
 
to
 
use
 
this
 
contract
 
for
 
speculation
or
 
gambling.
 
5)
 
contribution
 
In 
case 
the 
insured 
took 
more 
than 
one 
insurance
policy 
for 
same 
subject 
matter, 
he/she 
can’t 
make
profit 
by 
making 
claim 
for 
same 
loss 
more 
than
 
once.
For 
example: 
Raj 
has 
a 
property 
worth 
Rs 
5 
lakhs. 
He
took 
insurance 
from 
company 
A 
worth 
Rs. 
3 
lakhs
 
and
from 
company 
B 
–Rs 
1
 
lakhs.
In 
case 
of 
accident, 
he 
incured 
a 
loss 
of 
Rs. 
3 
lakhs 
to
the
 
property.
 
Raj 
can 
claim 
Rs 
3 
lakhs 
from 
company 
A
but 
after 
then 
he 
can’t 
make 
profit 
by 
making 
a 
claim
from 
company
 
B.
Now 
company 
A 
can 
make 
a 
claim 
from 
company 
B 
to
for 
proportional 
loss 
claim
 
value.
 
6)
 
Subrogation
 
What 
is
 
subrogation?
Subrogation is defined as a legal right that allows
one party (e.g., your insurance company) to
make a payment that is actually owed by another
party (e.g., the other driver’s insurance
company) and then collect the money from the
party that owes the debt after the fact.
Subrogation is one of the ways that car insurance
companies recover money that was paid out in
claims to drivers insured by them.
 
How 
subrogation
 
works?
 
Example
 
:
Suppose 
another 
driver 
runs 
a 
red 
light 
and 
your 
car
 
is
totaled.
 
You 
have 
insurance 
on 
your 
car, 
so 
you 
call
your 
insurance 
carrier 
and 
they 
pay 
you 
for 
all 
of 
your
expenses 
related 
to 
the
 
accident.
Your 
insurance 
company 
realizing 
that 
the other
 
driver
had 
an 
insurance 
policy, 
then 
seeks 
reimbursement
from the 
as 
fault 
party’s 
insurance
 
carrier.
Your
 
insurer
 
is
 
“subrogated”
 
to
 
the
 
rights
 
of
 
your
 
policy
and 
can 
“step 
in 
your 
shoes” 
to 
recover 
any 
amount
paid 
out 
on 
your
 
behalf.
 
Partial 
fault 
and
 
subrogation
 
If 
the 
insurance 
company’s 
investigation 
finds
that 
you’re 
partially 
at 
fault 
in 
the 
accident,
the 
amount 
of 
the 
deductible
 
you 
can 
recover
will 
be 
prorated 
to 
the 
percentage 
of 
your
fault.
Example 
if
 
the 
judgment 
is 
that 
you 
were 
40
% 
of 
fault, 
for 
example 
and 
your
 
insurer
chooses 
to 
subrogate 
your 
claim, 
you’ll
 
be
entitled 
to 
60% 
refund 
of 
your
 
deductible.
 
Waiving
 
subrogation
 
If
 
you
 
sign
 
any
 
settlement
 
with
 
other
 
driver’s
 
insurance
company, 
be 
careful 
to 
read 
the 
fine
 
print.
Some 
insurers 
attempt 
to 
insert 
a 
“waiver 
of
subrogation” 
clause 
to 
prevent your 
insurance
company 
from 
attempting 
to
 
get 
reimbursement 
for
money
 
that
 
it
 
has
 
paid
 
out
 
to
 
you.
If 
you waive 
subrogation 
after 
an 
accident, 
your
 
auto
insurance 
company 
may 
refuse 
to 
pay 
your 
claim
because 
they 
will 
not 
be 
able 
to
 
seek 
reimbursement
from the other 
driver’s 
insurance
 
company.
 
7) 
Loss
 
minimisation
 
This 
principle 
states 
that 
the 
insured 
must
take 
all 
the 
necessary 
steps 
to 
minimize
 
the
losses 
to 
insured
 
assets.
For 
example 
Ram 
took 
insurance 
policy 
for
his
 house.
 
In 
an 
cylinder 
blast, 
his 
house
burnt.
 
He 
should 
have 
called 
nearest 
fire
station 
so 
that 
the 
loss 
could 
be
 
minimised.
 
8) 
Causa
 
proxima
 
Word 
“Causa 
Proxima” 
means 
“Nearest
 
Loss”
An 
accident 
may 
be 
caused 
by 
more 
than
 
one
cause.
In 
case 
property 
insured 
for 
only 
one 
cause.
 
In
such 
case 
nearest 
cause 
of 
the 
accident 
is
fount
 
out.
Insurer 
pays 
the 
claim 
money 
only 
if
 
the
nearest 
cause 
is
 
insured.
 
A 
Unit 
Linked 
Insurance 
Plan
 
(ULIP)
 
It 
is 
a 
product 
offered 
by 
insurance
 
company
that 
unlike 
a 
pure 
insurance 
policy, 
gives
investors 
both 
insurance and 
investment
under 
single 
integrated
 
plan.
 
Reasons  to have life insurance
 
We list 10 compelling reasons for buying a life insurance policy.
1. LOOKING AFTER YOUR LOVED ONES EVEN AFTER YOU'RE
GONE:
 This is the most important aspect of life insurance that
one needs to factor in. Your family is dependent on you even
after you're gone and you certainly don't want to let them down.
Whether it's for replacing lost income, paying for your child's
education or making sure your spouse get the much-needed
financial security, life insurance could save the day for your
surviving dependents.
2. DEALING WITH DEBT: 
You don't want your family to deal with
financial liabilities during a crisis. Any outstanding debt-a home
loan, auto loan, personal loan, or a loan on credit cards-will be
taken care of if you happen to buy the right life insurance policy.
 
3. HELPS ACHIEVE LONG-TERM GOALS:
 Since it is an instrument
that keeps you invested for the long term, it would help you
achieve your long-term goals such as buying a home or planning
your retirement. It also provides you with diverse investment
options that come along with different types of policies.
4. LIFE INSURANCE SUPPLEMENTS YOUR RETIREMENT
GOALS: 
Who wouldn't like their retirement savings to last until
they do? With a life insurance plan, you can ensure you have a
regular stream of income every month. Putting money in an
annuity is like a pension plan- put in some money regularly in a
life insurance product and enjoy a steady income every month
even after retirement.
 
5. BUYING INSURANCE IS CHEAPER WHEN YOU'RE
YOUNGER:
 Not every millennial needs a life insurance policy. If
you haven't created an emergency fund or you're still living off
your parents' money, insurance shouldn't be a priority.
 
6. YOUR BUSINESS IS ALSO TAKEN CARE OF:
 Life insurance isn't
only for yourself and your family. Some insurance policies also
take care of your business. If you own a business, then your
business partner can purchase your portion of the business
without hassle. Your business partner( s) will enter a buy-sell
agreement and the payout would go to the deceased partner's
nominees, but without giving them a stake in the company.
There are two types of life insurance policies-a term insurance
policy and a life insurance policy.
 
7. TAX-SAVING PURPOSES:
 You could save taxes with insurance
policies irrespective of what plan you buy. The premium you pay
on an insurance policy is eligible for a maximum tax benefit of Rs
1.5 lakh under Section 80C, and for tax-free proceeds on
death/maturity under Section 10 (D) of the Income Tax Act,
1961.
8. A TOOL FOR FORCED SAVINGS:
 If you choose a traditional or
unit-liked policy, you pay a premium each month, which is higher
than what it costs to insure you. This bit of extra money is
invested and it accrues cash value. This cash can then be
borrowed against the policy or you can choose to sell it or draw
income from it.
 
9. YOU MAY NOT BE QUALIFIED FOR IT LATER: 
Life insurance
policies run on uncertainties. You may be healthy now and
paying a premium for life insurance may seem to be an added
financial burden, but if you suddenly fall ill, you may not be
allowed to but a life insurance policy. Therefore, it is imperative
to buy one early on in your life because it remains in force if your
health deteriorates later on. Insurance companies allow you to
attach certain riders or benefits to your existing or new policy.
 
10. PEACE OF MIND:
 Death is unavoidable. In the face of
tragedy, the least you can do for your family is to secure their
financial future. Even if it is a small policy, you know that you've
done all you can to help them tide over difficult times.
 
Retirement plans
As you retire, your monthly source of income comes to an end too.
This may be a source of your worries and tension. But a life insurance
will ensure that you have no worries as such.
Helps to Buy various Options
Life insurance helps you get great deals and profits through a vast
number of policies. As you invest in those policies and finish the
term, you get the benefits of it. Therefore, it is an instrument, which
helps you invest for a long time and achieve your goals later on.
A Savings Tool
There is no doubt, life insurance acts as a tool and source for saving
money. It is your real life piggy bank where you can add and invest in
it, take up a variety of policies to secure your future and save the
money lifelong. There are various policies, which will benefit you
when you invest in them as early as possible. Hence, it is imperative
that you buy such policies early in life.
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Understanding insurable interest, utmost good faith, and material facts disclosure are essential principles in the insurance industry. Insurable interest requires a financial stake in the insured property, utmost good faith mandates honesty in the contract, and material facts disclosure ensures all relevant information is shared. These principles form the foundation of insurance agreements, emphasizing trust and full transparency between insurers and policyholders.

  • Insurance
  • Principles
  • Insurable Interest
  • Good Faith
  • Material Facts

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  1. Principles of insurance

  2. 1) Insurable interest Insurable interest means that the person opting for insurancemust havepecuniaryinterest in the property heisgoingto get insuredandwill suffer financial loss on the occurrence of the insured event. Thisisoneof the essentialrequirements of any insurancecontract. Therefore, apersoncangofor insuranceof only those properties where he stands to benefit by the safety of the property, and will suffer loss, damage, injury if any harm takes place to such property.

  3. Example If the house you own is damagedby fire, the value of your house has been reduced by the damages sustainedin thefire. Whether you pay to have the house rebuilt or you and up selling it at a reduced price. You have to suffered a financial lossresulting from thefire. By contrast, if your neighbor s house, which you do not own, is damaged by fire, you may feel sympathy for your neighbor and you may even be emotionally upset, but you have not suffered a financial loss from the fire, but in this example you do not have an insurableinterest in your neighbor shouse.

  4. 2) At most good faith Uberrima fides Almost goodfaith The insurance contract must be based on good faith. If the insurance contract is obtained by way of fraud or misrepresentation itisvoid. When an individual apply for life insurance, it is important to answer all questions truthfully and to volunteer any information even if not asked, if in doubt, just disclose it. Failure to disclose material factscould render the entire contract void.

  5. Example If a person was suffering from sinusitis but did not discloseit, the entire contract couldbecancelledwhen the insurer discovernon-disclosure. Cancellationof the entire contract meansother non- related illnesses like cancer could no longer be covered. Some financial advisors who in their enthusiasm in closingthe saleadvicetheir clients not to disclosetheir pre-existing conditions for fear that the underwriter would reject thecase. Thereforeit isimportant to engageanethical financial advisor.T oavoidany conflict of interest, ensure you payafeefor consultation.

  6. 3) Material factsdisclosure In the insurance contract, the proposer is required to disclosureto the insurer all the material facts in respect of the proposed insurance. This duty of disclosingthe material factsnot only applies to the material facts which are known to him but also extends to material factswhich heissupposedtoknow.

  7. Examples Acquisition of new companiesand/ormergers Changesto your businessdescription. Additional product lines and/or newservices Hazardous trade processes, or storage of hazardous matter, including changesor additons to processesor storagealreadydeclared Incidents not reported to insurers that might otherwise haveled to aclaime.gtheft or small fires.

  8. 4)Indemnity Theinsurancecontract shouldalwaysbeacontract of indemnity only andnothingmore. Insured can t make any profit from the insurance contract. Insurancecontract meansfor coverageof lossesonly. Indemnity meansaguaranteeto put the insuredin the position ashewasbeforeaccident. Thisprinciple doesnot apply to life insurance contracts. Themain object of this principle is to ensure that the insuredisnot ableto usethis contract for speculation or gambling.

  9. 5)contribution In case the insured took more than one insurance policy for same subject matter, he/she can t make profit bymakingclaim for samelossmore thanonce. For example: Rajhas a property worth Rs5 lakhs. He took insurancefrom companyAworth Rs.3lakhsand from companyB Rs1lakhs. In case of accident, he incured a loss of Rs.3 lakhs to the property. Rajcanclaim Rs3lakhsfrom companyA but after then he can t make profit by making a claim from companyB. NowcompanyAcanmakeaclaim from companyBto for proportional lossclaimvalue.

  10. 6)Subrogation What issubrogation? Subrogation is defined as a legal right that allows one party (e.g., your insurance company) to make a payment that is actually owed by another party (e.g., the other driver s insurance company) and then collect the money from the party that owes the debt after the fact. Subrogation is one of the ways that car insurance companies recover money that was paid out in claims to drivers insured by them.

  11. How subrogationworks? Example: Supposeanother driver runsared light andyour caris totaled. You have insurance on your car, so you call your insurance carrier and they pay you for all of your expensesrelated to theaccident. Yourinsurance company realizing that the other driver had an insurance policy, then seeks reimbursement from the asfault party s insurancecarrier. Yourinsurer is subrogated to the rights of your policy and can step in your shoes to recover any amount paid out on yourbehalf.

  12. Partial fault andsubrogation If the insurance company s investigation finds that you re partially at fault in the accident, the amount of the deductible youcanrecover will be prorated to the percentage of your fault. Example ifthe judgment isthat youwere 40 %of fault, for exampleandyourinsurer choosesto subrogate your claim, you ll be entitled to 60%refund of yourdeductible.

  13. Waivingsubrogation If yousignanysettlement with other driver s insurance company,becareful to readthe fineprint. Some insurers attempt to insert a waiver of subrogation clause to prevent your insurance companyfrom attempting to get reimbursement for moneythat it haspaidout to you. If you waive subrogation after anaccident, your auto insurance company may refuse to pay your claim becausethey will not beableto seekreimbursement from the other driver s insurancecompany.

  14. 7) Lossminimisation This principle states that the insured must takeall the necessarystepsto minimizethe lossesto insuredassets. Forexample Ramtook insurancepolicy for hishouse. In an cylinder blast, his house burnt. He should have called nearest fire station sothat the losscould beminimised.

  15. 8) Causaproxima Word CausaProxima means NearestLoss Anaccident maybecausedby more than one cause. In caseproperty insuredfor only onecause.In such case nearest cause of the accident is fount out. Insurer paysthe claim moneyonly if the nearestcauseisinsured.

  16. A Unit Linked Insurance Plan(ULIP) It is a product offered by insurancecompany that unlike a pure insurance policy, gives investors both insurance and investment under single integratedplan.

  17. Reasons to have life insurance We list 10 compelling reasons for buying a life insurance policy. 1. LOOKING AFTER YOUR LOVED ONES EVEN AFTER YOU'RE GONE: This is the most important aspect of life insurance that one needs to factor in. Your family is dependent on you even after you're gone and you certainly don't want to let them down. Whether it's for replacing lost income, paying for your child's education or making sure your spouse get the much-needed financial security, life insurance could save the day for your surviving dependents. 2. DEALING WITH DEBT: You don't want your family to deal with financial liabilities during a crisis. Any outstanding debt-a home loan, auto loan, personal loan, or a loan on credit cards-will be taken care of if you happen to buy the right life insurance policy.

  18. 3. HELPS ACHIEVE LONG-TERM GOALS: Since it is an instrument that keeps you invested for the long term, it would help you achieve your long-term goals such as buying a home or planning your retirement. It also provides you with diverse investment options that come along with different types of policies. 4. LIFE INSURANCE SUPPLEMENTS YOUR RETIREMENT GOALS: Who wouldn't like their retirement savings to last until they do? With a life insurance plan, you can ensure you have a regular stream of income every month. Putting money in an annuity is like a pension plan- put in some money regularly in a life insurance product and enjoy a steady income every month even after retirement.

  19. 5. YOUNGER: Not every millennial needs a life insurance policy. If you haven't created an emergency fund or you're still living off your parents' money, insurance shouldn't be a priority. BUYING INSURANCE IS CHEAPER WHEN YOU'RE 6. YOUR BUSINESS IS ALSO TAKEN CARE OF: Life insurance isn't only for yourself and your family. Some insurance policies also take care of your business. If you own a business, then your business partner can purchase your portion of the business without hassle. Your business partner( s) will enter a buy-sell agreement and the payout would go to the deceased partner's nominees, but without giving them a stake in the company. There are two types of life insurance policies-a term insurance policy and a life insurance policy.

  20. 7. TAX-SAVING PURPOSES: You could save taxes with insurance policies irrespective of what plan you buy. The premium you pay on an insurance policy is eligible for a maximum tax benefit of Rs 1.5 lakh under Section 80C, and for tax-free proceeds on death/maturity under Section 10 (D) of the Income Tax Act, 1961. 8. A TOOL FOR FORCED SAVINGS: If you choose a traditional or unit-liked policy, you pay a premium each month, which is higher than what it costs to insure you. This bit of extra money is invested and it accrues cash value. This cash can then be borrowed against the policy or you can choose to sell it or draw income from it.

  21. 9. YOU MAY NOT BE QUALIFIED FOR IT LATER: Life insurance policies run on uncertainties. You may be healthy now and paying a premium for life insurance may seem to be an added financial burden, but if you suddenly fall ill, you may not be allowed to but a life insurance policy. Therefore, it is imperative to buy one early on in your life because it remains in force if your health deteriorates later on. Insurance companies allow you to attach certain riders or benefits to your existing or new policy. 10. PEACE OF MIND: Death is unavoidable. In the face of tragedy, the least you can do for your family is to secure their financial future. Even if it is a small policy, you know that you've done all you can to help them tide over difficult times.

  22. Retirement plans As you retire, your monthly source of income comes to an end too. This may be a source of your worries and tension. But a life insurance will ensure that you have no worries as such. Helps to Buy various Options Life insurance helps you get great deals and profits through a vast number of policies. As you invest in those policies and finish the term, you get the benefits of it. Therefore, it is an instrument, which helps you invest for a long time and achieve your goals later on. A Savings Tool There is no doubt, life insurance acts as a tool and source for saving money. It is your real life piggy bank where you can add and invest in it, take up a variety of policies to secure your future and save the money lifelong. There are various policies, which will benefit you when you invest in them as early as possible. Hence, it is imperative that you buy such policies early in life.

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