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    Regulation & Supervision of theRegulation & Supervision of the

    Insurance Sector in IndiaInsurance Sector in India

    byby

    C. S. Rao, ChairmanC. S. Rao, Chairman

    Insurance Regulatory and Development AuthorityInsurance Regulatory and Development Authority

    Hyderabad, IndiaHyderabad, India

    11

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    INDIA PROFILEINDIA PROFILE

    GEOGRAPHIC/ DEMOGRAPHICGEOGRAPHIC/ DEMOGRAPHIC

    3.28 million sq kms.

    Coastline: 7,517 kms States & Union Territories 29 & 6

    respectively

    Population: 1.05 billion Share of world popn: 16.9% Urban : Rural popn: 28: 72

    Life expectancyMale: 64.4 yrs, Female: 62.9 yrs

    22

    Total Area:

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    ECONOMIC REFORMSECONOMIC REFORMS

    PROCESSPROCESSReform process initiated in 1991.Reform process initiated in 1991.

    Abolition of Licensing, Permits and Quotas in Industrial SectorAbolition of Licensing, Permits and Quotas in Industrial SectorFinancial Sector ReformsFinancial Sector Reforms

    Banking Sector ReformsBanking Sector Reforms

    Freeing of interest rates by the Central BankFreeing of interest rates by the Central Bank

    Rationalization of priority sector lendings & lowering of directRationalization of priority sector lendings & lowering of directed credited credit

    Capital Market Sector ReformsCapital Market Sector Reforms

    Abolition of Controller of Capital Issues and Establishment ofAbolition of Controller of Capital Issues and Establishment ofSecurities and Exchange Board of India in 1992Securities and Exchange Board of India in 1992

    Issuance of regulations for mutual funds, portfolio managers,Issuance of regulations for mutual funds, portfolio managers,

    registrars, merchant bankers, depository and participants, etcregistrars, merchant bankers, depository and participants, etc

    Insurance Sector ReformsInsurance Sector Reforms

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    INSURANCE SECTORINSURANCE SECTOR

    REFORMSREFORMSCommittee on Reforms in Insurance sectorCommittee on Reforms in Insurance sector19941994

    SettingSetting--up of Interim Insurance Regulatory Authorityup of Interim Insurance Regulatory AuthorityMayMay19961996

    IRDA Act PassedIRDA Act PassedDecember 1999December 1999

    Statutory Authority (IRDA) establishedStatutory Authority (IRDA) established1919thth April 2000April 2000First set of Regulations notifiedFirst set of Regulations notified1919thth July, 2000July, 2000

    First set of Certificate of Registration (Licenses) grantedFirst set of Certificate of Registration (Licenses) granted

    2323rdrd October 2000October 2000

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    NEED FOR REGULATORYNEED FOR REGULATORY

    INTERVENTIONINTERVENTION

    NationalisedMarket

    RegulatedMarket

    FreeMarket

    RegulatedMarket

    Insurance Act, 1938

    LIC Act, 1956GIBNA, 1972

    IRDA Act, 1999

    - No Regulations

    - Plagued byfraud

    - Urban centric-Planned Economy--Optimum utilization

    of resources

    -contribution todevelopment of market-untapped marketpotential high-absence of consumerchoice-poor customer service

    -Level playing field-Consumer Protection

    -Public PrivatePartnership

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    Composition of Authority &Composition of Authority &

    Regulatory FrameworkRegulatory FrameworkComposition:Composition:

    Presently the Authority comprises of:Presently the Authority comprises of: ChairmanChairman

    Four fullFour full--time memberstime members

    Four partFour part--time memberstime membersRegulatory Framework:Regulatory Framework: Insurance Act, 1938Insurance Act, 1938

    IRDA Act, 1999IRDA Act, 1999Notification of RegulationsNotification of Regulations

    Issue of Circulars/ lettersIssue of Circulars/ letters

    66

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    Duties, Powers & FunctionsDuties, Powers & Functions

    of IRDAof IRDA

    Registration of insurers & licensing ofRegistration of insurers & licensing of

    insurance intermediariesinsurance intermediaries

    Financial & regulatory supervisionFinancial & regulatory supervision

    Control & Regulation of premium ratesControl & Regulation of premium rates

    Protection of PolicyholdersProtection of Policyholders interestsinterests

    Specifying rural & social sector obligationsSpecifying rural & social sector obligations

    77

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    Registration of supervisedRegistration of supervised

    entitiesentities

    Insurance companiesInsurance companiesIntermediaries:Intermediaries:

    Agents & Corporate AgentsAgents & Corporate AgentsBrokersBrokers

    Third Party AdministratorsThird Party Administrators

    Surveyors & Loss AssessorsSurveyors & Loss Assessors

    88

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    Registration RequirementsRegistration Requirements InsuranceInsurance

    CompaniesCompanies

    Joint Stock public limited CompanyJoint Stock public limited Company

    Capital prescriptionsCapital prescriptions

    Contributions only through equity routeContributions only through equity route

    Rs.1000 million for life and nonRs.1000 million for life and non--life companieslife companies

    Rs.2000 million for reRs.2000 million for re--insurance companiesinsurance companies

    Foreign Direct Investment (FDI)Foreign Direct Investment (FDI)26%26%Foreign promoterForeign promoterclearance from home country regulatorclearance from home country regulator

    Indian promoterIndian promoter -- regulatory clearances from Indian regulators likeregulatory clearances from Indian regulators likeRBI; SEBI; Income Tax clearancesRBI; SEBI; Income Tax clearances

    Promoter & Senior ManagementPromoter & Senior Management

    Fit and properFit and proper

    statusstatus

    Sources of fundingSources of funding

    Long term commitmentLong term commitment

    Business planBusiness plan

    Projected Balance Sheet for 5 yearsProjected Balance Sheet for 5 yearsInfusion of additional capital at periodic intervalsInfusion of additional capital at periodic intervals

    99

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    Licensing of Insurance Agents/Licensing of Insurance Agents/

    Corporate AgentsCorporate AgentsTied agents (one life insurer and general insurer)Tied agents (one life insurer and general insurer)

    Delegated to designated persons in insuranceDelegated to designated persons in insurancecompaniescompanies

    Minimum educational qualificationMinimum educational qualification

    Stipulated training requirements (registration & Renewal)Stipulated training requirements (registration & Renewal)Clear examinationClear examination

    Adherence to code of conductAdherence to code of conduct

    Banks/ FIBanks/ FIs/ NBFCs/ NBFCs acting as Corporate Agents:s acting as Corporate Agents: Promoter Banks/ FIPromoter Banks/ FIs/ NBFCs/ NBFCs of insurance companiess of insurance companies

    Other banksOther banks

    Agent of one life and one nonAgent of one life and one non--life insurance companylife insurance company

    1010

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    Insurance BrokersInsurance Brokers

    Represent the clientRepresent the client

    Not risk carriersNot risk carriersCapital & deposit requirementsCapital & deposit requirements

    Professional Indemnity policyProfessional Indemnity policyMembership of BrokersMembership of Brokers AssociationAssociation

    Minimum qualifications & training requirementsMinimum qualifications & training requirements

    for CEO and at least two other personsfor CEO and at least two other persons

    Adherence to code of conductAdherence to code of conduct

    Banks/ FIBanks/ FIs/ NBFCs/ NBFCs acting as Insurance Brokers acting as Insurance Broker1111

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    Third Party AdministratorsThird Party Administrators

    Health InsuranceHealth Insurance

    Outsourcing agency for servicing of health insuranceOutsourcing agency for servicing of health insuranceclaimsclaims

    No marketing rightsNo marketing rights

    Introduced to promoteIntroduced to promote cash less hospitalizationcash less hospitalizationNot risk carriersNot risk carriers

    Working Capital requirementsWorking Capital requirements

    Minimum qualifications & training requirements forMinimum qualifications & training requirements for

    CEO/ CAOCEO/ CAO

    Adherence to code of conductAdherence to code of conduct1212

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    Surveyors & Loss AssessorsSurveyors & Loss Assessors

    Mandatory for claims above specified limitsMandatory for claims above specified limits

    Independent professionalsIndependent professionals

    Minimum educational qualifications & trainingMinimum educational qualifications & training

    Adherence to code of conductAdherence to code of conduct

    Setting up of the independent Institute of surveyors &Setting up of the independent Institute of surveyors &loss assessorsloss assessors

    1313

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    Supervision of InsuranceSupervision of Insurance

    CompaniesCompaniesStructure:Structure:

    Approval of changes in ownershipApproval of changes in ownership

    Appointment of CEO/ Appointed ActuaryAppointment of CEO/ Appointed ActuaryOperations & Monitoring of performance:Operations & Monitoring of performance:

    Approval of ProductsApproval of Products

    InvestmentsInvestments

    ReinsuranceReinsurance Financial & Actuarial returnsFinancial & Actuarial returns

    On site inspectionOn site inspection

    Protection of policyholdersProtection of policyholders interests:interests:

    Issues of market conductIssues of market conduct

    Advertisements & DisclosuresAdvertisements & Disclosures Grievance Redressal MechanismGrievance Redressal Mechanism

    Developmental IssuesDevelopmental Issues

    Rural & Social Sector obligationsRural & Social Sector obligations

    Micro InsuranceMicro Insurance

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    Product ApprovalProduct Approval

    Insurers file proposed products for approval.Insurers file proposed products for approval.

    Focus onFocus onTransparency of the productTransparency of the product

    Actuarial assessmentActuarial assessmentReasonableness of premiumReasonableness of premium

    Benefits flowing to policyholdersBenefits flowing to policyholders

    Fairness of contract termsFairness of contract terms

    If no clarification sought, deemed approvedIf no clarification sought, deemed approved

    within 30 days.within 30 days.1515

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    InvestmentsInvestments

    Stipulations for life/nonStipulations for life/non--life insurancelife insurance

    segmentssegments

    Pattern of Investments designed to control riskPattern of Investments designed to control risk

    Mandated investment for Infrastructure/SocialMandated investment for Infrastructure/SocialSectorSector

    Prudential normsPrudential norms

    Exposure LimitsExposure Limits

    Outsourcing not permitted (other thanOutsourcing not permitted (other than

    computation of NAV)computation of NAV)1616

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    ReinsuranceReinsurance

    Guided by objectives of:Guided by objectives of:

    maximizing retention within the countrymaximizing retention within the country securing the best possible protection for the reinsurancesecuring the best possible protection for the reinsurance

    costs incurredcosts incurred

    Obligatory cession of 15% to Indian reObligatory cession of 15% to Indian re--insurerinsurerFiling of Reinsurance Program and copies ofFiling of Reinsurance Program and copies ofTreaty slipsTreaty slips

    Placement withPlacement with atleastatleast BBB rated companiesBBB rated companies

    1717

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    Scrutiny OfScrutiny Of

    Financial & Actuarial ReturnsFinancial & Actuarial Returns

    Assess financial health of companies:Assess financial health of companies: Solvency margin requirementsSolvency margin requirements

    Profitability of operationsProfitability of operations

    ShareholdersShareholders responsibility to fund deficitresponsibility to fund deficitthrough capital infusionthrough capital infusion

    Control on expensesControl on expenses

    Healthy business growthHealthy business growth

    Satisfactory investment returnSatisfactory investment return

    Adequacy of internal controls and processesAdequacy of internal controls and processes Satisfactory risk management strategySatisfactory risk management strategy 1818

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    OnOn--site Inspectionssite Inspections

    Statutory powersStatutory powers

    Limited inspections:Limited inspections:

    TargetedTargeted

    InvestmentsInvestments

    Market ConductMarket ConductTraining of StaffTraining of Staff

    1919

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    Market ConductMarket Conduct

    Dealing with the customerDealing with the customer

    Disclosure of relevant informationDisclosure of relevant informationLicensed personnel authorized to sellLicensed personnel authorized to sell

    Advertisement Regulations define unfair or misleadingAdvertisement Regulations define unfair or misleading

    advertisementsadvertisementsRegulations on protection of interests of policyholdersRegulations on protection of interests of policyholders

    Sales literature to highlight mandatory disclosures,Sales literature to highlight mandatory disclosures,

    benefits, exclusionsbenefits, exclusions

    Servicing Benchmarks, timeframe for settlement ofServicing Benchmarks, timeframe for settlement of

    claims, payment of penal interest in case of delayclaims, payment of penal interest in case of delay

    Procedure & mechanism to address grievancesProcedure & mechanism to address grievances2020

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    Grievances Handling MechanismGrievances Handling Mechanism

    The system & its effectivenessThe system & its effectivenessAnalysis of complaintsAnalysis of complaints

    Arbitration and Conciliation optionsArbitration and Conciliation optionsInsurance OmbudsmanInsurance Ombudsman

    GrievanceGrievance RedressalRedressal Cells at IRDA toCells at IRDA tofacilitate resolution of disputefacilitate resolution of dispute

    2121

    Obligations to Rural & SocialObligations to Rural & Social

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    Obligations to Rural & SocialObligations to Rural & Social

    SectorsSectors

    Introduced post opening up of the insurance sectorRural Sector obligations: Life companies: Linked to per cent of no. of new policies issued

    during financial year Non life companies: Linked to per cent of gross premium direct

    underwritten during the year

    Social Sector obligations: Minimum no. of lives to be covered annually

    Targets linked to the year of operationsIn respect of existing public sector insurers obligations linked toperformance in 2001-02The amendment regulations 2007 being notified shortly

    2222

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    Micro InsuranceMicro Insurance

    ObjectiveObjectiveReach the bottom of the pyramid by makingReach the bottom of the pyramid by making

    it accessible and affordableit accessible and affordableChannelChannelLeveraging on the established entitiesLeveraging on the established entitiesalready engaged in rural initiativesalready engaged in rural initiativesNGO/SHG/NGO/SHG/MFIsMFIs

    InnovationInnovation Enormous scope for innovative productsEnormous scope for innovative products

    Integration of Life/ General insurance productsIntegration of Life/ General insurance products

    Cover life, health, livestock, dwellings, assets, cropsCover life, health, livestock, dwellings, assets, cropsApproachApproachInsurers view it as a potential businessInsurers view it as a potential businessopportunity and developing sustainable delivery channelopportunity and developing sustainable delivery channel

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    Overview of Insurance MarketOverview of Insurance Market

    20002000 20072007

    Total number ofTotal number of

    insurersinsurersPublicPublic

    SectorSectorPrivate#Private#

    SectorSectorPublicPublic

    SectorSector

    TotalTotal

    no. ofno. of

    InsurersInsurers

    (Public and(Public and

    Private)Private)

    Life insurersLife insurers 11 1515 11 1616

    GeneralGeneral

    insurersinsurers 44 88 44 1212

    SpecializedSpecialized

    InstitutionsInstitutions 1*1* 11@@ 22 33

    NationalNational

    ReinsurerReinsurer 11 00 11 11

    TotalTotal 66 2424 88 3232

    # 2 Life and 1 General insurer do not have Foreign Joint Venture# 2 Life and 1 General insurer do not have Foreign Joint Venture partner.partner.

    *ECGC (not registered in 2000) and Agricultural Ins Co. Ltd. est*ECGC (not registered in 2000) and Agricultural Ins Co. Ltd. established recentlyablished recently

    @@

    Standalone Health insurance CompanyStandalone Health insurance Company20072007--08, registration granted to one life, non08, registration granted to one life, non--life and health insurance companylife and health insurance company

    each. Thus, as on date no. of entities registered increased to 3each. Thus, as on date no. of entities registered increased to 35.5. 2424

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    Insurance PenetrationInsurance Penetration

    YearYear Total BusinessTotal Business LifeLife Non LifeNon Life

    19961996 1.841.84 1.291.29 0.550.55

    20002000 2.322.32 1.771.77 0.550.55

    20012001 2.712.71 2.152.15 0.560.56

    20022002 3.263.26 2.592.59 0.670.67

    20032003 2.882.88 2.262.26 0.620.62

    20042004 3.173.17 2.532.53 0.650.6520052005 3.143.14 2.532.53 0.620.62

    20062006 4.84.8 4.14.1 0.60.6

    Premium as % of GDPSource: Sigma/ Swiss Re 2525

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    Insurance DensityInsurance Density

    YearYear Total BusinessTotal Business LifeLife Non LifeNon Life

    19961996 7.007.00 5.005.00 2.002.00

    20002000 9.909.90 7.607.60 2.302.30

    20012001 11.5011.50 9.109.10 2.402.40

    20022002 14.7014.70 11.7011.70 3.003.00

    20032003 16.4016.40 12.9012.90 3.503.50

    20042004 19.7019.70 15.7015.70 4.004.0020052005 22.7022.70 18.3018.30 4.404.40

    20062006 38.438.4 33.233.2 5.25.2

    Premium per capita in USDSource: Sigma/ Swiss Re

    2626

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    AGENDA FOR ACTIONAGENDA FOR ACTION

    Life and General InsuranceLife and General Insurance

    Increase in Foreign Direct Investment (FDI)Increase in Foreign Direct Investment (FDI)

    Health insuranceHealth insurance Need to reduce capital requirements for establishing health insNeed to reduce capital requirements for establishing health insuranceurancecompaniescompanies

    Creation of centralized health database, training in ICDCreation of centralized health database, training in ICD--10 coding, new10 coding, newproduct innovation and design undertaken.product innovation and design undertaken.

    DetariffingDetariffing Insurance companies to establish basic infrastructure such as iInsurance companies to establish basic infrastructure such as i) strong) strong

    underwriting teams; ii) IT systems to retrieve and analyse data;underwriting teams; ii) IT systems to retrieve and analyse data; iii) waysiii) waysand means to protect the policyholders; iv) scientific and adequand means to protect the policyholders; iv) scientific and adequate pricingate pricingof covers, etc.of covers, etc.

    Market conductMarket conduct Establishment of Self Regulatory Organizations (SROEstablishment of Self Regulatory Organizations (SROs) to monitor ands) to monitor andcontrol Miscontrol Mis--selling/ Rebating/ Payouts in life and general insuranceselling/ Rebating/ Payouts in life and general insurance

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