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CA

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Tuesday 25 September 2012

Part I - Insurance Foundation Certification Examination Module 1,2,3 and 4


Learning Objective:

‘To introduce candidates to the need for insurance, the principles of
insurance and the legal framework that underpin its practice.’




Principles and Practices of Insurance

Foreword
Improving knowledge, developing skills, building careers

The insurance industry in the Kingdom has arrived.

The success of the new industry will rely on the knowledge and skills of the
people who work in the industry.

Professionalism in insurance is not an option but is a must.

As a first step in the development of Saudi Arabian insurance professionals,

the Institute of Banking has developed this foundation course in insurance
which must be taken before all other courses.

The Foundation Course has been formed with individual modules covering
different subject areas within insurance, protection and savings. During your
studies, your principal learning resource will be yourself and this courseware.
However, the Institute of Banking has also developed a classroom based
presentation to accompany and support this book.

The instructor of this program will guide your studies, develop your group
discussions and be able to fully explain those issues which are particularly

complex. He will also answer your questions on specific issues that you may
find difficult.

There are three knowledge ratings used throughout the course which indicate
the depth of knowledge required for each topic. These are i. To be aware of,

ii. To have knowledge of and iii. To understand.
The courseware contains definitions and explanations throughout together

with regular short questions to check your understanding of the text. These
questions are given in a box and will either test your understanding of the
topic or stimulate your thought process and facilitate further discussion.

At the end of each module, there is a series of questions to test your knowledge
of the module. It is strongly recommended that these be completed before
moving on to the next module.

The IOB’s goal of developing excellence amongst insurance professionals
in the Kingdom will only be achieved if each of us strives for insurance
knowledge. This program is here for your development. Use it!

Good luck, enjoy the Program and, may it be the stepping-stone to an
interesting and rewarding career.

Icons

When you read the print materials, you will find the following icons displayed in the

left hand margin.
Indicates key content to which you should pay special attention.
Notes a website that may contain additional information on a topic.
Directs you to other modules that contains more information on a topic.
Questions to test your understanding of the topic and/or for further discussion.


002



Principles and Practices of Insurance

Course Content & Syllabus:

Module 1: Risk and Insurance

1.1 Meaning of risk 007
1.2 Categories of risk 008
1.3 Insurable risks 012
1.4 Uninsurable risks 013
1.5 Insurance as a risk transfer mechanism 015
1.6 Pooling of risk 016
1.7 Perils and hazards 019
1.8 Benefits of insurance 021
1.9 Reinsurance 025
1.10 Co-insurance and self-insurance 030
1.11 How an insurance company operates 032
Progress Check 035
Module 2: Legal Principles of Insurance

2.1 Utmost Good Faith 041
2.2 Insurable Interest 044
2.3 Indemnity 046
2.4 Subrogation 053
2.5 Contribution 055
2.6 Proximate Cause 058
Progress Check 061
Module 3: Risk Underwriting

3.1 Material facts 067
3.2 Physical and moral hazards and the use of warranties 069
3.3 Proposal forms and broker’s slips 074
3.4 Surveys 078
3.5 Quotations 080
Progress Check 084
Module 4: The Insurance Market

4.1 Components of the insurance market 089
4.2 Intermediaries 092
4.3 Distribution channels 095
4.4 The role of ancillary players in the insurance 097
Progress Check 100
Module 5: The need for documentation

5.1 Proposal Forms and policy structure 105
5.2 Warranties and endorsements 109
5.3 Cover notes and certificates of insurance 110
5.4 Claim forms 112
5.5 Renewal invitations 114
Progress Check 116
Module 6: Regulation of the Insurance Industry in the Kingdom

6.1 Why the insurance and protection/savings industry needs to be regulated. 121
6.2 The Historical Background of the Insurance Industry in the Kingdom 123
6.3 Regulation of insurance in the Kingdom of Saudi Arabia 127
Progress Check 148

Module 7: Market Code of Conduct Regulation MCCR

7.1 Introduction 153
7.2 General Requirements 154
7.3 Standards of Practice 156
7.4 Appendix 163
Progress Check Answers

182


003



Module 1:
Risk and Insurance
Module 1:
Risk and Insurance



After studying this module, you should be
able to:

- List the main components of risk
- Demonstrate how insurance relates to risk
- Identify the categories of risk
-Compare insurable and uninsurable interest
- Describe the relation between frequency and
severity
- Distinguish between perils and hazards
- Describe how insurance operates as a risk
transfer mechanism
- Describe how the common pool operates
-Identify the benefits of insurance to individuals,

 business and economy

- Understand co-insurance and self insurance



Principles and Practices of Insurance


Introduction

The first module introduces the student to the broad principles that

govern how insurance operates. Risk and insurance are linked and this
module provides a greater understanding of the meaning of risk both
in its ordinary meaning and how it relates to insurance and which risks
are insurable. We examine how insurance operates to transfer risks
through the principal concept of the ‘Losses of the few, shared by
the many’. Perils and hazards, two key aspects of insurance work are
distinguished.

Following our examination of risk and insurance and the broad concepts
that enable insurance to operate, we then look at why consumers buy

insurance and the additional benefits that arise from its basic function.

We also look at why insurers themselves need to insure and the
relationship between the original insured, their insurer and the insurer
of the insurance company.

Finally, we look at other options available to insurers when arranging
larger insurance risks and why some businesses may choose not to use
insurance as a method of dealing with some of their risks.

006



Principles and Practices of Insurance

1.1 –Meaning of risk
During this session, we will examine the meaning of risk.

The Oxford English Dictionary lists 26 synonyms for the word ‘risk’.
How many can you list out?

Write your synonyms of risk here.
Reviewing the list of synonyms and definitions suggests that risk

involves a lack of knowledge about future events (‘uncertainty’, ‘doubt’,
‘possibility’, ‘unpredictability’) and whether there will be a loss.

This idea of the unknown and loss is borne out by the use of risk in

everyday language. You may have heard or used some of the following

phrases:

• “The risk of losing a job”
• “What is the risk of an accident?”
• “The risks involved in a new business venture”.
Several academics have attempted to define risk, for example, ‘risk is
uncertainty of a loss occurring’. Risk represents the possibility of an
outcome being different from the expected.
We define the term risk as THE POSSIBILITY OF ADVERSE
RESULTS FLOWING FROM ANY OCCURRENCE.
007



Principles and Practices of Insurance


Risks are with us every day – each time we travel in a car there is a risk
of an accident but our individual attitude to risk varies. Some people
are considered risk-seeking, they enjoy risks perhaps it gives them a
sense of excitement while others may be risk neutral. Finally, those who
actively avoid risk are risk-averse.
Which of the three groups are more likely to buy insurance?
The term risk is used in insurance business
to also mean either a peril to be insured (fire
is a risk to which a building is exposed) or a
person or property protected by insurance
(young drivers are often not considered
good risks for Motor insurance)
1.2 –Categories of risk
We have examined risks and peoples’ attitude towards risk. We are now

going to look at how risks can be classified i.e. the placing of similar

risks into a group

Three categories of risks are:

• Financial or non-financial
• Pure or speculative
• Fundamental or particular
Financial or non-financial

If the outcome can be measured in financial terms then the risk is
classified as financial. It follows, therefore, that a non-financial risk is
one where the outcome cannot be measured in financial terms.
Examples of financial risk include a business
venture, which may show a profit, a loss or

may break-even on its original investment.

If a fire damages a building, the cost of
rebuilding is the financial loss.


008



Principles and Practices of Insurance


Visiting a restaurant for the first time may involve an element of risk as

to whether the outcome will be disappointment or pleasure. Buying a car,
choosing a holiday, selecting a job all involves a degree of risk (unknown

outcomes)butalthoughtheoutcomemayhavesomefinancialimplications,
a precise measurement in strictly financial terms is not possible.

Measurement of the outcome of non-financial risks is usually not
in monetary terms but by characteristics that are more personal
disappointment, unhappiness, joy, pleasure etc.
If a person had only one photograph
taken as a child with his father who is no
more, then that photograph would, to him,
have great value. However, that value is an
emotional or sentimental value, a value
that we cannot measure financially.
Which ty pe of risk, financial or non-financial, is usually considered as
insurable and why?
Pure or speculative

A pure risk is one that has only two possible outcomes.
1- a loss
2- or break-even (No loss).

A speculative risk has three possible outcomes,
1- a loss
2- or break-even (No loss)

 3- or gain/profit.

The distinction is important for insurance and one that you must fully
understand.
Each time we travel in a car there is a risk of an accident. If there is
no accident the position is unaltered, a break-even situation. If there
is an accident a loss is suffered as a result of damage to the vehicle,
injuries etc. There is no possibility of gain (apart from arriving safely at
a destination) but there is a possibility of a loss.


009



Principles and Practices of Insurance


Other examples of pure risk include fire, theft, explosion, and storm
damage.
Can you think of other examples of pure risk?
A speculative risk on the other hand involves

the prospect of gain or profit. New business

ventures, purchase of shares, investments -
all have the prospect of loss and break-even
but we usually make these decisions for the
prospect of gain. It follows, therefore, that a
speculative risk has three possible outcomes, loss, break-even or gain.


Which type of risk, pure or speculative is considered insurable and
why?
Fundamental or Particular

The categories of financial or non-financial and pure or speculative are
concerned with the outcome of events. This classification relates more

to the cause and effect of risks.

In its simplest description, fundamental risks relate to those risks
that affect large groups of people. Particular risks conversely affect
individuals or small limited groups of people.

Examples of fundamental risks include
widespread natural disasters, (earthquake,

hurricanes, flooding, famine and the like),

a national economic disaster or social
upheavals.
Japan Earthquake 2011


010



Principles and Practices of Insurance


Examples of particular risk include fire

in the home, motor accidents, personal
injuries.

It is the effect of the risk that distinguishes
between fundamental and particular. A
severe economic recession, causing mass unemployment in a region is
a fundamental risk. It has affected a nation’s economy and all, or many
of its citizens. As individuals however many of us face the possibility of
unemployment for whatever reason. The individual’s prospect of such
unemployment is considered as particular.

Since fundamental risks are caused by conditions more or less beyond

the control of individuals who suffer the losses and since they are not
due to the fault of any one in particular, it is held that society rather than
the individual has responsibility to deal with them – social insurance
should be for fundamental risks – private insurance for particular risks
though some fundamental risks like earthquakes are covered by private
insurance.

Risks can be summarized in the following diagram:


Risk
Financial
Risk
According to
Effect
Personal
Risk
Property
Risk
Liability
Risk
Speculative
Risk
Particular
Risk
Pure
Risk
General
Risk
According to
Source
According to
Need
Non Financial
Risk
011



Principles and Practices of Insurance


1.3 - Insurable risks
So far, we have developed an understanding of the meaning of risk,

that it broadly involves a lack of knowledge about future events and
whether there will be a loss. From discussions and examining categories
of risk, you will be aware that not all risks are insurable.

For a risk to be insurable, a number of factors need to be present.
Financial Any loss suffered must be measured financially.
Pure Risks Generally only pure risks are insurable i.e. a loss or
break-even situation.
Fortuitous Fortuitous essentially means accidental and in this
context means that any event must be outside the
control of the insured. It must be accidental as far
as he is concerned.
Insurable Interest We have already established that any loss must be
capable of being measured financially. Insurable
interest means that the party receiving the benefit
of the policy must be the party who suffered that
financial loss.
See Module 2: Legal principles of insurance; Section 2.2 for a more

detailed discussion of Insurable interest.

A theft is not accidental; it is a deliberate act by the thief but is accidental

or fortuitous to the victim.

A disgruntled ex-employee, recently dismissed by his employer, returns
to his employer’s premises and deliberately starts a fire. Can this be
considered accidental?
Your friend recently bought a new car and is well known as a terrible
driver. You feel sure he will have an accident.
Would you insure his car if you are an insurance company?
Give reasons for your answer.
012



Principles and Practices of Insurance


It will be recalled that fundamental risks relate to those which affect
large segments of the population and particular risks relate to those
which affect individuals or small groups of the population.

It cannot be stated with certainty that either is insurable – some

fundamental and particular risks are; but some are not. Fundamental

risks that satisfy the above criteria are usually insurable. Earthquake,
storms, hurricanes and other natural disasters are, in most cases
considered by the insurance industry to be insurable.

1.4 - Uninsurable risks
It has been established that to be insurable a risk should, be a pure

risk, be capable of financial measurement, be fortuitous (to the insured)

and there must be insurable interest. It follows therefore that risks

that are the opposite i.e. primarily speculative, not capable of financial

measurement, are not fortuitous and where there is no insurable interest
are uninsurable.

We will now consider other factors that may make a risk uninsurable
but before discussing and understanding these issues, it is important
to bear in mind that society and the business world are not static
environments. Attitude and circumstances change over time and what
is uninsurable today may well be insurable tomorrow.

An example of this is the notion that to be insurable there must be a
large number of similar risks as the absence of large numbers mean it
is impossible to forecast losses and therefore calculate premiums. This
notion held good for many years but it lost support when there was a

demand to insure the Olympic Games for the first time and also the

early space satellites. Clearly there were not a large number of these but
insurance was possible, perhaps due to the entrepreneurial nature of
the industry but it demonstrates how attitudes change.

Public policy is essentially anything that involves the interests of the
public or society as a whole. Situations that may be legally valid but may
be ethically or morally wrong are against public policy, as they are not
in the public interest.
013



Principles and Practices of Insurance


It is possible to arrange insurance against the paying of certain fines
(fortuitous, financial, pure, insurable interest). However, a feature of a
fine is punishment for breaking the law and such an arrangement would

be against public policy and not therefore allowed. It could encourage
people to break the law and the deterrent effect (a warning to others
not to do the same) would be lost.

Encouraging people to break the law of another, friendly country could
also be against public policy

Try to think of a situation in KSA that you consider may be against
public policy.
Certain kinds of fundamental risks are also uninsurable usually because

their financial consequences are so huge that the insurance industry could

not possibly pay for the damage. War on land is an example. Nuclear

disasters are another example. Several countries felt the consequences

of Chernobyl and many are still suffering from the effects, particularly
to agriculture today.

Another possibility is that the risk of the loss occurring is so high e.g.
natural disasters in certain areas, that premiums become unsustainable.

We cannot be too dogmatic concerning fundamental and particular risks.
In general, fundamental risks arising from social, economic or political
causes would not normally be insurable. However, a fundamental risk
that is uninsurable may be insurable as a particular risk.

An example of this is an economic recession
causing widespread unemployment that is
beyond the scope of the insurance industry
and therefore uninsurable as a fundamental
risk. However, an individual may be able, under
certain circumstances to purchase insurance in
the event of him, as an individual, becoming
unemployed. This would be a particular risk.


014



Principles and Practices of Insurance


Can you think of a situation arising from a social, economic or political
cause that may be uninsurable?
1.5 - Insurance as a risk transfer mechanism
We have examined risk and can now turn our attention to the role that
insurance plays in risk. It must be emphasised that insurance does not
prevent, remove or cancel risks. Cars will still collide and buildings catch

fire, with or without insurance. The role of insurance is to transfer the

risk from one party, the insured to another, the insurer.

In 1601CE, (yes, 1601, over 400 years ago!) the UK passed an Act of
Parliament laying down rules for the conduct of Marine Insurance. It
included the phrase:

“The loss of any ship….followeth not the undoing of any man….but
the loss alighteth easily upon many men….than heavily upon few.”

The language is old fashioned and therefore difficult to read but the
sentiments expressed are the basic rationale behind insurance. A single
loss, which may cause financial ruin to an individual, is not a problem
when shared by several hundred i.e. the losses of the few, shared by the
many.
When people purchase insurance, they are buying a promise that if

certain events happen (accident, fire etc) which causes them financial

loss, they will receive compensation. If the event does not happen

then no financial compensation is required. That promise gives peace
of mind that arises from financial security. In exchange, for a small

known amount (the premium) the insured avoids the possibility of

incurring a much larger unknown amount that could cause financial

ruin.


015



Principles and Practices of Insurance


There were a community of 1000 families each have a home. They
decided if any home was burned they will contribute in equal shares to
pay the price.
Who are the few?
Who are the many?
1.6 - Pooling of risk
Insurers pay the losses of the few and share it among the many by
operating a pool system. Insurers receive contributions, in the form of
premiums, from all those who wish to join. They place the money into
a pool and from this pool they make payments to compensate those
who have suffered a loss. In addition to the losses, the pool must be
big enough to pay all the costs and expenses of operating the pool.
In order for the pool to operate successfully everybody who joins must
pay a fair and reasonable contribution according to the risk they transfer
into the pool. This will depend partly on the size of the risk (value of a
building for example) and the degree of risk i.e. the possibility of a loss
occurring. A car driver with a poor accident record would need to pay
more than one with a good accident record. A house owner having a
house of superior construction will pay less than the one having slightly
inferior construction.

Assessing the level of risk is the responsibility of the underwriter and is
a concept discussed in more depth later in the course.

Consider once again our community. They decide that instead of
collecting contributions from each owner after the damage; it would
be better to collect from everybody on a regular weekly basis. That way
they will be more certain that there is money available immediately if
there is damage.
Their problem was how much to collect from each owner. What is your advice?
(Think about the size and degree of risk.)
016



Principles and Practices of Insurance


landed 7 times head and only 3 times tail. But toss it 100,000 times and
we can predict with greater certainty that the outcome will be very close
to 50% heads and 50% tails say 55/45 or 56/44 etc. Toss it 1,000,000
times and the situation could be 51/49 or 52/48 etc. That is bigger the
sample, the greater the accuracy.

Applying this principle to insurance enables insurers to predict more
accurately the future probability of losses and the degree of risk
presented by contributors to the pool. It also helps to explain why
insurers are willing to exchange statistical information as the greater
knowledge is of assistance to everyone.

To assist insurers in determining the correct degree of risk and therefore
level of premium insurers make use of the law of large numbers. This
simply states that the greater the number the more accurately results
can be predicted.
If a coin is tossed in the air the probability
of its landing heads or tails is equal, 50/50.
Despite knowing this it would be difficult
to accurately predict, the percentage of
heads or tails if the coin is tossed 10 times.
It is quite possible that the coin would have
Our community plan has proved very successful. They are however
concerned because in a certain year five homes will be damaged. One
of the owners suggested that they should ask other close communities
to join their scheme.
What would be the advantages of extending the plan?
Can you think of any disadvantages?
Another aspect when assessing the level of risk is to consider frequency
(how often events happen) and severity (how serious when they do
happen). Risks considered by insurers are either high frequency with
low severity or low frequency with high severity.


017



Principles and Practices of Insurance


High frequency /
low severity refers to
incidents that occur often
but individually are not

financially severe. Most

car accidents, thefts, or

house fires would fall

into this category.

Low frequency /
high severity refers to
incidents that do not occur very often but when they do, they may have

serious financial consequences. Natural disasters such as earthquakes,
hurricanes or tropical storms, a petrochemical fire etc fall into this

category.


How do you think an insurance company would deal with a risk that is
high frequency and high severity?
How would you deal with a risk that has low frequency and low
severity?
How would you categorise aircraft accidents in terms of frequency and
severity?
How would you categorise our community?
018



Principles and Practices of Insurance

1.7 - Perils and hazards
We have seen how an insurance pool operates and how insurers use

the law of large numbers and the frequency/severity profile to help

determine the degree of risk.

Perils and hazards take this process a step further and permit a scrutiny
of individual risks. A peril is cause of loss whereas a hazard is a condition
– that may create or increase the chance of a loss arising from a given
peril or under a given condition.
An example should make the distinction clear. Fire is a peril; it is

something that can cause loss or damage. Construction of a building

is a hazard that can influence the extent of damage if there is a loss.

If we have two buildings, one constructed of brick and the other of

wood. Clearly, the wooden building is the bigger risk for fire insurance.

However, neither brick nor wood will, themselves cause damage but if

a fire (the peril) starts then the wooden building will, all things being

equal, suffer greater damage.

The construction is a hazard; it will influence the outcome but will not
cause a loss, while fire is a peril, which will cause a loss.

Think about perils (things that will cause a loss) under each of the
following Policy and list under each the hazards (things that will influence
the extent of loss or damage) associated with that peril.
Fire Insurance on a factory building
Theft Insurance on a retail shop
Insurers divide perils into three kinds; insured, excluded (or excepted)

and unnamed.


019



Principles and Practices of Insurance


Insured perils are those specifically mentioned in the policy and states
when the insurance will operate e.g. ‘loss or damage caused by fire’. Fire
is an insured peril.
Excluded perils are also specifically mentioned in the policy but state
when the insurance will not operate e.g., ‘loss or damage caused by fire
excluding fire caused by explosion’. So if an explosion causes a fire, the
policy will not cover the loss as it is an excluded peril.
Unnamed are perils not mentioned in the policy and usually they are
not covered.
Insurers also divide hazards into three kinds – physical, moral and
morale hazards.

Physical hazards are relatively easy to understand. They arise from the
physical aspects of a risk, such as construction of a building mentioned
earlier. Probably several of the hazards listed in your answer to the
previous question you can classify as physical hazards.
Moral hazards arise from the immoral, unethical or illegal conduct
of people, usually the person insured but in the event of a business
enterprise, it could be the employees or management.
Moral hazard is always more difficult to detect

becauseitisnotphysicalortangibleandcannot
be touched or seen. Examples of moral hazard
include dishonesty by the insured, or people

who do not consider deliberately inflating an

insurance claim as dishonest.


In liability situations, third party claimants often exaggerate their injuries and
property damage and sympathetic physicians, lawyers, body shops and contractors
may support these exaggerations and increase the cost of the claims.

Morale hazard is an increase in the hazards presented by a risk arising
from the insured’s indifference to loss because of the existence of
insurance. In other words, Morale hazard arises from the insured’s
attitude and this differs from Moral hazard as there is no conscious or
malicious intent to cause a loss.

020



Principles and Practices of Insurance

Poor morale hazard may eventually lead
to physical loss or damage. A company’s
management and employees who are untidy,


or who do not clean the factory floor or do

not follow correct safety procedures (obey no
smoking signs for example) or leave machinery
unguarded are all signs of poor morale hazard
that could eventually lead to an accident. Their
attitude and behaviour have increased the risk
of a peril starting. Morale hazard acts to increase both the frequency and
severity of losses when such losses are covered by insurance.

1.8 - Benefits of insurance
Module 1.5 determined that the primary function of insurance is to
transfer risk, from the insured to the insurer. To facilitate the risk
transfer two other functions, the common pool and fair and equitable
premiums have to be in place.

Insurers gather together parties who want to share similar risks and set
up a common pool to fund these risks. Insurers do not operate a single
pool as the factory owner would not want contribute to losses caused
by motor vehicle owners and vice versa. There is therefore not one
pool but a series of pools, one for motor, one for houses etc. Although
in reality there may be some transfer of money between pools for our
purposes we can consider each separately.

Individual risks introduced into the pool are not identical, each has a
different degree of risk according to their individual hazards and the
size of each risk may be different. It is important that every contributor
should make a fair and equitable contribution, according to the degree
and size of their risk.


The scheme started by our Committee has proved very successful. In
fact, it is so successful that factories in the area asked to join. If you
admit them what factors do you need to consider when deciding on
their contribution?
Write your answer here.
021



Principles and Practices of Insurance


Insurance is therefore a method of transferring risk supported by the
common pool and equitable premiums. From this primary function, a
number of other benefits arise to policyholders.


Peace of mind:
The premium paid is a known expense but in exchange for this,
policyholders receive a promise that if certain events occur they will


receive financial compensation. They are exchanging a relatively small

known expense in exchange for the possible avoidance of a larger
unknown expense.

This provides policyholders with the principal benefit of insurance

often described as, peace of mind because they are comforted by the

knowledge that if a disaster should happen e.g. a fire destroying their
home or business, financial compensation will be available.

Risk Improvement
Insurance companies often
combine their resources and invest
considerable sums of money in
trying to reduce both the frequency
and severity of losses. They invest
in and examine new methods
of loss detection, testing and

developing fire fighting equipment, new methods of repairs, the use
of inflammable materials in consumer goods, methods of car repairs,

crash testing and so on. This may be done in conjunction with other

interested parties (e.g. manufacturers, governments, fire fighters) and

sometimes independently.

They share this knowledge when advising their policyholders on how
to avoid or minimise their risks. This results in lower claims costs and
lower premiums. It also has the added advantage that less claims means
fewer accidents and therefore less personal suffering and any loss of
output is reduced.


022



Principles and Practices of Insurance


If insurers had not taken such an active interest in risk improvement
what do you think would have been the outcome for: a) them, b) their
policyholders and c) society overall?
As well as direct benefits to policyholders, insurance also benefits the
business community as a whole.

Avoids capital retention
If there were no insurance available then businesses would need to
take into consideration the impact of losses and the cost of rectifying
them. Instead of exchanging a small known amount (the premium)

they would need to set aside “just in case”, capital that could be more

advantageously used to expand and develop the business.

Encouraging new enterprises

Starting a new business requires capital investment

often raised from investors or banks. The assets

and future profits of a business are usually the

security for investors who would be reluctant to

invest if insurance was not available. A fire could
easily make a business unprofitable and a new

business is even more vulnerable.


Investments
As custodians of the pool insurers
have large amounts of money in
their care. There is a time difference
receiving premiums and paying claims,
which in the case of life assurance can
be several years. The funds are not left
idle but are available for investment.


023



Principles and Practices of Insurance


Insurers invest these funds in a wide range of investments, from direct
equity investment in companies (stocks and shares), loans made to

industry and governments, property and fixed interest securities. The

small premiums paid by thousands of individuals and businesses are not
idle but circulate in the economy helping to stimulate national growth.

Why do you think investors may be reluctant to invest into a new
manufacturing company if the property was not properly insured?
We have looked at the benefits insurance brings to policyholders and

the business community and it also brings benefits to the national
economy.

Import/Export
Insurance is a commodity that, like
other commodities is traded between
countries and therefore a country
that sells insurance is exporting and
a country that buys insurance is
importing. As an intangible product,

i.e. it has no physical presence; it is
classified as invisible earnings. Other
invisible earners include tourism and
banking.

A major business investing heavily
in plant and equipment will want to
protect that investment. If the state has either no insurance industry or
one that is inadequate, that business will arrange its insurances overseas.
Hence, that country will be an importer of insurance services. The
overseas country that is providing or selling the insurance cover will
receive the premiums and therefore be an export of the service.


024



Principles and Practices of Insurance


Foreign Exchange
International deals will be done in the
currency of exporting country. Many
countries have a currency problem and
foreign exchange is a valuable commodity
the sale and purchase of which may be

controlled. An established and financially

sound insurance industry that can retain its own risks will assist those
countries by reducing the level of foreign currency needed.


A small, undeveloped country has a nationalised insurance industry and
all insurance must be placed with the state owned company, the only
available insurer. They reinsure 99% with international reinsurers. What
effect do you think this arrangement has on the nation’s economy?
1.9 - Reinsurance
Having accepted the risk from their policyholders, an insurance
company has an interest in spreading the risks that they have accepted
and transferring some of it to others. It may seem strange that insurers
accept risks then transfer them on to another insurance company but

there are sound commercial and financial reasons for this practice.

A broker offers an insurer a risk from a client who already has several
large policies, but it considers the risk too large or too hazardous to
accept. It wants therefore to decline to accept the insurance. What are
the disadvantages to the insurers in refusing to accept the insurance?
025



Principles and Practices of Insurance


Instead of refusing the business, an insurer could decide to accept
the risk and arrange to transfer some of the risk to another insurance
company – a process known as reinsurance.
It is important to remember that there is no relationship between the
insured and the reinsurer. There is a contract of insurance between the
insured and the insurer and a similar arrangement between the insurer
and the reinsurer but there is no legal or contractual relationship between
the insured and the reinsurer. In fact, in most cases, the insured is not
aware that there is any reinsurance.
Factory
Ins A

Re-Ins B
Re-Ins C
Re-Ins D
As there is no relationship between the insured and the reinsurer, what
do you think would be the financial consequences for the Factory and
the Insurance Company A if the Reinsurance Company C went into
liquidation and was unable to pay any claims?
In addition to commercial considerations, there are also financial reasons

for arranging reinsurance. Insurers are custodians of the common pool,
which means that they are guardians of the funds that belong to their
policyholders. They therefore have a duty to safeguard that pool of
money and reinsurance is a way of protecting the interests of their
policyholders and their pool of money.

026



Principles and Practices of Insurance


Peace of Mind
In the same way that a policyholder secures peace of mind by buying
insurance, insurers have the same objective. They would not want one
single disastrous event or bad risk to jeopardize the common pool, which

would cause financial problems to other policyholders. Reinsurance

achieves this objective by providing protection, particularly against
catastrophic losses.

Underwriting Stability

A major expense for insurers is the cost of claims and an individual

insurer would not like to have these costs fluctuating wildly from year to

year. Reinsurance provides a method of ensuring that the underwriting
results (premium minus claims equals underwriting result) and the loss
ratio (claims ÷ premium) are stable each year.

Underwriting Result

Underwriting Result


027



Principles and Practices of Insurance


Consider the above figures of two insurance companies. In which one
would you prefer to insure and why do you think it is important that
an insurance company does not allow its loss ratio and underwriting
results to fluctuate wildly from year to year?
Reinsurance contracts are either proportional or non-proportional.
Proportional means the insurer and reinsurer share the risk, the
premiums and claims, usually on a percentage basis. For example, the
reinsurer may agree to accept, say 25% of the risk receiving 25% of the
original premium and paying 25% of all claims.
Non-proportional reinsurance means that the insurers and reinsurers
do not share premiums and claims equally. Typically, it involves a
deductible, usually quite substantial that the insurer must pay before the
reinsurer will contribute to any claim. For example, a reinsurance policy
issued with SR10M excess only requires reinsurers to contribute when
a loss exceeds this amount.
Reinsurers agree to accept 15% of a risk. If the premium received by the
insurance company is SR150M how much reinsurance premium will
reinsurers receive?
Reinsurers agree to reinsurer all losses that exceed SR15M. The insurance
company settles a claim for SR25M. How much will they recover from
reinsurers?
There are two main forms of reinsurance, facultative and treaty.
Facultative was the original method of arranging reinsurance but today
the vast majority of reinsurance is treaty.

028



Principles and Practices of Insurance


Although a specialist reinsurance broker can help, the process is still time
consuming, administratively expensive and there is always uncertainty if
the reinsurance will be at acceptable terms.

It may be required however when:

• The treaty is full
• The risk is outside the treaty terms
• The risk is unusual
Facultative
Facultative is a French word that means optional or by request and
insurers have to request facultative reinsurance when they need it. This
means that the insurer has to contact the reinsurer, give details of the
original risk, together with all material facts concerning the risk. If the
reinsurer refuses or the terms are too high, the insurer will need to find
another reinsurer.
Why do you think the time delay and uncertainty cause problems for
the insurer?
Treaty
A treaty is an agreement between insurers and reinsurers. Under the
treaty, reinsurers are obliged to accept all the risks that are within the
defined limits of the treaty. Treaties typically are signed for one year and
then if both parties agree can be renewed. Reinsurers therefore agree
in advance to accept reinsurance business given to them by the insurer.
The major benefit to insurers is that they know they have reinsurance
protection and they know the cost of that protection immediately they
accept a risk from a client.
029



Principles and Practices of Insurance


The insurancecompany has a treatywitha reinsurer inwhichthe reinsurers
agree to accept 25% of all fire policies issued by the insurance company.
The reinsurer notices that the insurance company has agreed insurance
on a particular term that they did not wish to reinsure. Can the reinsurer
refuse to accept the reinsurance? Give reasons for your answer.
1.10 - Co-insurance and self-insurance
Co-Insurance

For the risk that is either too large or too hazardous for an insurer
to accept, there is a second option apart from reinsurance. Instead of
accepting 100% of the risk and then arranging reinsurance the insurer
can accept a lower percentage of the risk, an amount which is within its

capacity and the insured, or his advisers will need to find another local

insurer (or insurers) to accept the balance.

The insurers who share the risk, usually along percentage lines are coinsurers
and the practice known as co-insurance. It is a common practice
in many insurance markets and usually involves the insurance of larger
risks, often arranged through an intermediary, typically an insurance
broker.

The broker would probably prefer to place all the business with one

insurer but if this is difficult, he will arrange co-insurance. It will be his

responsibility to place the insurance 100% and not leave the insured
with only partial cover. The broker will also handle a great deal of the
administrative work.

The process usually operates by the broker approaching an insurer
whom he thinks will want to do the business. This first company decides
the premium and other terms, may arrange an inspection and survey of
the insured’s premises, will issue the policy and is the lead insurer. The
broker will then approach other insurers who will have to decide whether
they are prepared to follow the terms and conditions agreed by the lead
company. The broker continues until the insurance is covered 100%.
030



Principles and Practices of Insurance

It is important to note that each insurer is in contract with the insured

but only up to his specified percentage.

See Module 2: Legal principles of insurance; Section 2.5 for a more

detailed discussion of Co-insurance and Contribution.


Insured



Co-Insurer A 50%


Co-Insurer B 25%


Co-Insurer C 15%


Co-Insurer D 10%


If, in the case outlined above Insurer ‘C’ went into liquidation what
effect do you think this will have on the insured and on the remaining
three co-insurers?
Self-Insurance

Insurance provides peace of mind because by transferring risk the losses of
the few are shared by the many and therefore a loss that may be disastrous
for an individual is acceptable when shared by several hundred.

There may however be circumstances when an individual or business
may choose to retain the risk. This is self-insurance and should not be
confused with no insurance. No insurance occurs when a person or
business simply ignores the risk, does nothing and does not arrange
to pay for any losses that may occur. Self-insurance is a deliberate and
conscious decision to retain risk.
A business faced with a risk that it considers small and well within

its financial ability may choose to retain such a risk. The risk may

be low severity/low frequency but even with high frequency, a wide
geographical spread may bring it within their capacity to manage the
risks themselves.


031



Principles and Practices of Insurance

The business may decide to self-insure possibly by putting the equivalent
of the premium aside, which can then be used to pay for losses. It
should save on the insurer’s administration costs and premiums and the
funds could also generate a return if invested sensibly.

A clothing store has 250 shops, nationwide situated in all principal
towns and shopping centres. Each shop has a plate glass front which if
broken would cost at least SAR5,000 to replace. Why may this company
choose not to insure?
What disadvantages, if any are there in choosing to retain the risk?
See Module 4: The insurance market; Section 4.1 for a more detailed

discussion of Captive insurance company which is a type of self
insurance.

1.11 -How an insurance company operates
The business models (see diagrams below) for insurance companies,
whether general insurers or protection and savings insurers, shows that

insurers seek to make a profit in two ways: (1) through underwriting, the

process by which insurers select and price the risks they insure, and (2)
from investment income arising from the investment of the premiums
they collect from their policyholders.

032



Principles and Practices of Insurance


The General Insurance
Business Model - Cash Flow


In
OUT


Claims


Expenses

Return on Invested

Taxes

Premiums

Premiums Paid


Within these models are several key operational functions. These
include:

1. Rate making:
Is the process of calculating the premium for a risk so that the money
obtained by the insurance company for the risk is adequate, reasonable
and not unfairly discriminatory.

See Module 3: Risk Underwriting; Section 3.2 for a more detailed

information on the Rate making process.

2. Underwriting
Selecting a risk and deciding the price for the risk

See Module 3: Risk Underwriting for a more detailed discussion of the

Underwriting process.


033



Principles and Practices of Insurance

3. Production
(Sales and Marketing) – generating new business
See Module 4: The insurance market; Section 4.3 for a more detailed

discussion of the different Marketing and Distribution channels.

4. Claim settlement
See Module 5: The need for documentation; section 5.4 for a more

detailed discussion of Claim forms.

5. Reinsurance
6. Maintaining a fund
See Module 6: Regulation of the Insurance Industry in the Kingdom;

section 6.3 for a more detailed discussion on Maintaining funds.

7. Investments
See Module 6: Regulation of the Insurance Industry in the Kingdom;

section 6.3 for a more detailed discussion of Investments.

8. Distributing surpluses
See Module 6: Regulation of the Insurance Industry in the Kingdom;

section 6.3 for a more detailed discussion on Distributing surplus.

034



Principles and Practices of Insurance



Progress Check

Directions: Choose the best answer to each question.

1. Which of the following examples is speculative risk?
a. A situation that has three possible outcomes, either loss, break-
even or gain.
b. A widespread natural disaster
c. A situation which has only two possible outcomes, loss or break-
even
d. A loss which affects only a few people
2. Insurance deals with risk through a system of
a. Risk prevention
b. Risk avoidance
c. Risk transfer
d. Risk removal
3. The law of large numbers assists insurers because:
a. It helps to make reliable claim predictions
b. It helps to determine overheads
c. It helps to make reliable income predictions
d. It helps to forecast the level of new business
4. To be insurable a risk must, as far as the insured is concerned be
a. Speculative and fortuitous
b. Pure and fortuitous
c. Inevitable and pure
d. Speculative and inevitable
5. Insurable interest can be defined as:
a. More than one insurance policy covering same risk
b. Putting back the insured in same financial position at inception of
policy

c. Putting back the insured in same financial position just before the
loss

d. The person benefits from insurance is the same person who suffers
the financial loss
035



Principles and Practices of Insurance

6. Public policy can be described as:
a. The financial relation with the subject matter insured
b. The conditions in the policy
c. The laws of the country
d. The exclusions in the policy
7. What is meant by “a peril”?
a. Increase the damage
b. Decrease the damage
c. Cause the damage
d. Has no effect on the damage
8. What is meant by “a hazard”?
a. Affect the extent of damage
b. Cause the damage
c. Decrease the damage
d. Does not affect the damage
9. The difference between, moral and morale hazards is that
a. Moral is intentional while morale can be seen
b. Moral is intentional while morale is unintentional
c. Moral is unintentional while morale is intentional
d. All of the above
10. Why is it necessary for a risk to be capable of financial measurement
before it can be considered as insurable?
a. To be indemnified
b. To have insurable interest
c. To be pure risk
d. All of the above
11. What do you think would be the effects on a nation’s economy if a
country had no insurance industry but despite this allowed overseas
companies to invest?
a. It will be exporting insurance
b. It will be importing
c. It will support the local currency
d. It will keep all the investment inside the country
036



Principles and Practices of Insurance


12. A factory is seeking insurance for $100M on its buildings. Insurance
Company “A” accepts the risk and reinsures with, “B”, “C”, “D” and
“E” who each take 20% of the risk. A claim is submitted and agreed at
$10M. How much will company “D” pay and whom will they pay?
a. 2M to the factory
b. 10M to the factory
c. 8M to company A
d. 2M to company A
13. The same factory approaches insurance company “L” who will only
take 20% of the insurance but insurance companies “M”, “N”, “O” and
“P” all agree to accept 20% each. A claim is submitted and agreed at
$10M. How much will company “N” pay and whom will they pay?
a. 2M to the factory
b. 10M to the factory
c. 8M to company A
d. 2M to company A
14. Mr. Ali buys a car. He does not arrange insurance because he has
never heard of insurance. This is example of:
a. Self insurance
b. No insurance
c. Retaining risk
d. Self risk management
15. The difference between facultative and treaty reinsurance is:
a. Facultative is optional while in treaty the reinsurer accept all the risks
that are within the defined limits

b. Facultative is less costly than treaty
c. Facultative is usually for a year
d. All of the above is correct
16. What is The difference between proportional and non-proportional
reinsurance?
a. Proportional is agreeing on a certain amount while non proportional
is agreeing on a certain percentage
b. Proportional is usually treaty while non proportional is facultative
c. Proportional
is agreeing on a certain percentage while non
proportional is agreeing on a certain amount
d. Non Proportional is usually treaty while proportional is facultative
037



Module 2:
Legal Principles of Insurance
Module 2:
Legal Principles of Insurance



After studying this module, you should be able
to understand the following legal principles:
Utmost good faith
- define utmost good faith
- define a material fact and describe its importance
- describe the consequences of non-disclosure
or misrepresentation
Insurable interest
- define insurable interest
- understand when insurable interest commonly
arises in different classes of insurance
Indemnity
- define indemnity
- identify the policies that modify indemnity
Subrogation
- define subrogation
- understand when subrogation is applied
Contribution
- define contribution
- identify different methods of contribution
Proximate cause
- define proximate cause
- distinguish between insured, expected and
uninsured perils
After studying this module, you should be able
to understand the following legal principles:
Utmost good faith
- define utmost good faith
- define a material fact and describe its importance
- describe the consequences of non-disclosure
or misrepresentation
Insurable interest
- define insurable interest
- understand when insurable interest commonly
arises in different classes of insurance
Indemnity
- define indemnity
- identify the policies that modify indemnity
Subrogation
- define subrogation
- understand when subrogation is applied
Contribution
- define contribution
- identify different methods of contribution
Proximate cause
- define proximate cause
- distinguish between insured, expected and
uninsured perils



Principles and Practices of Insurance

Introduction

Insurance developed several hundreds of years ago in response to a

basic human need, to avoid hardship and suffering. Since that time it

has grown into a major worldwide industry and as it has developed, so
have a number of principles that govern its workings.

In this module, we study the insurance principles. This is an important
module because the principles are the foundations for the business of
insurance as it is practised. A proper understanding of these principles
will enable you to understand why many insurance practices are done in
the manner they are done.

Utmost good faith is a legal principle governing the formation of the
contract and we take another closer look at insurable interest. Indemnity
and its supporting principles, subrogation and contribution control how

much the insured can receive as compensation and finally proximate

cause is used to assist in determining the cause of loss.

The principles relate to all classes of insurance, (Marine, Life and
General) although there are variations in the way they are applied to
each.

040



Principles and Practices of Insurance

2.1 - Utmost good faith
When buying a product, a car, TV etc, the buyer can examine the goods

and the seller does not have to say anything although any question from
the buyer must be truthfully answered. The legal principle governing
such contracts is caveat emptor - let the buyer beware - it is up to the

two parties (but mainly the buyer) to ensure that they are satisfied with

the terms. Neither party is under any obligation to volunteer any facts
or information to the other. This is not the case with insurance.

In insurance, the insurer must rely on the truthfulness and integrity of
the proposer. In return, the insured must rely on the insurer’s promise
to pay future claims. Further only one party (the proposer) knows all the
facts about himself and the ‘thing’ to be insured. Insurance is therefore
subject to a much stricter duty than let the buyer beware it is the duty
of Utmost Good Faith.

Utmost Good Faith is a duty of disclosure because each party must
voluntarily disclose all information; they cannot remain silent. Utmost
Good Faith applies to both insurer and insured although it is a more
onerous duty on the proposer.
An insurance company is aware that the insured is entitled to a discount
on his premium, as he has made no claims for the previous year. The
insured does not ask for his discount and the insurance company
remains silent. Is this a breach of the duty of utmost good faith?
Utmost Good Faith is a duty of disclosure and all parties to the contract
are obliged to disclose all material facts.

A material fact is defined as a fact that would influence the judgement

of a prudent insurer in deciding whether to accept a risk for insurance
and if so the terms and conditions that should apply, e.g. premium,
conditions, deductibles etc.


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Principles and Practices of Insurance

The duty of disclosure begins at the
start of negotiations and continues
until the contract is in force. After
that, both parties are subject to the
terms and conditions of the contract.
However, even if there were changes
after inception, the insured should
disclose them. Most policies contain
a condition that the insured must disclose any alteration that increases
the possibility of loss. Even without this condition, the insured should
disclose any such alteration because the essential terms of contract
have altered.

Insurance contracts are issued for a period of time, 12 months being
the most common. At expiry insurers usually offer to renew the policy.
The terms and conditions may change but even if renewal is on existing
terms, the renewal is a new contract. The duty of utmost good faith,
therefore, revives at renewal and both parties must voluntarily disclose
any changes.


A landlord takes out a fire policy on his building. Two months after the
contract the tenant who used the building as a warehouse for storing
groceries moves out and a new tenant, who is using the building as a
garage and motor repair shop moves in. Do you think the landlord
should notify his insurers of the change in risk? Give reasons for your
answer.
A material fact is one that influences the decision of the insurer to

accept or decline risks or continue with an existing risk. Determining

exactly what a material fact is can be difficult especially for proposers

who are new to insurance. A proposal form normally asks for those facts
generally considered material by insurers. However, if there are other
facts not covered by the proposal then the proposer should voluntarily

disclose them; staying silent is not an option. Many insurance companies

remind the proposer to disclose any other information that may be
relevant to the insurance. The general rule is, if in doubt regarding the
relevance, disclose the information.

042



Principles and Practices of Insurance


Some of the information disclosed will relate to the subject matter of the

insurance and these are primarily physical hazards. Others relate to the
person taking out the insurance and are primarily be moral hazards.

Facts that require disclosure include:
• A full description of the subject matter of the insurance. The car,
property, liability etc.
• Any other policies covering the same risk
• Previous insurances. Especially relevant if an insurance company has
declined insurance or imposed special or restrictive terms.
• Details of previous losses and insurance claims.
• Any fact that increases the risk from normal. For example, a car
engine modified to make it go faster.
There are some facts that do not need disclosing. These include:
• Facts of law. The assumption is that everyone knows the law and
ignorance is not a defence.
• Facts of public or common knowledge. This could include well-
known flood or crime areas, earthquake zones, war areas, trade and
industrial processes.
• Facts that lessen the risk. Additional fire or security precautions for
example.
• When further information has been waived. If there is a blank or
inadequate answer on a proposal that insurers do not follow up the
assumption is they have accepted the position and cannot later rely
on facts they do not like.
A question on the proposal form asks: ‘Have you ever suffered any
previous losses?’ The proposer answers with a dash ( -). Later, when
investigating a claim, insurers discover that the proposer had a history
of losses. Do you think they could refuse to pay the claim? Give reasons
for your answer.
043



Principles and Practices of Insurance


A breach of utmost good faith is typically either non-disclosure i.e.
failing to disclose a material fact or misrepresentation i.e. incorrect or
inadequate disclosure. A breach that is a deliberate misrepresentation of
the facts may be fraudulent and referred to as concealment.

The breach leaves the injured party, typically the insurance company
with the option to:
• Cancel the contract from the beginning – almost as if it never existed.
• Insurers usually discover breaches at the time of a claim and refusing
to pay the claim is an option.
• Insurers may choose to charge additional premium or impose
additional terms on the policy.
• They may choose to ignore the breach and just continue with the
insurance.
Although unlikely, in the event that the insured suffers a breach, he will
be able to recover any damages that he has suffered.

Khalid bought an old building to store his stock. The previous owner
told him that the building suffers from flood damage from a nearby
river because every time it rained the river flooded. He does not tell
insurers. Later the river floods, stock damaged and a claim submitted.
Could insurers refuse to pay the claim? Give reasons for your answer.
Insurable Interest means that the person receiving the benefit of the
insurance policy must have suffered a financial loss when the insured
item suffers loss or damage.
To emphasise the importance of insurable
interest, in a fire policy, it is not the building
that is insured but the insured’s interest in
that building. This is insurable interest and
is the legal right to insure. Without insurable
2.2 - Insurable Interest
interest, an insurance policy becomes invalid as it ceases to be an
insurance contract but almost a gambling contract.

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Principles and Practices of Insurance


Note that the owner of the property also has insurable interest and it is
possible for both parties to insure these items.

It follows that a legal relationship, between the person affecting the
insurance and the ‘thing’ being insured, must exist. The most common
of these is ownership. Clearly if a piece of property, car, house, camera,
watch, gold pen or whatever is damaged the owner will suffer financially.
Consequently, the owner has insurable interest in his property.
It is also possible to have an insurable interest in property that is
not owned but is in another person’s possession. Although with that
possession should be responsibility for the property. Garages, laundries,
hotels, airlines, repair shops and warehouses are just a few examples of
people who are in possession of property not belonging to them but
because they are responsible for its safety they have insurable interest.
You are leaving for a month’s holiday touring Europe. You borrow
a camera from your friend. Do you have insurable interest in the
camera?
We have referred to the ‘thing’ being insured and given property as an
example but the ‘thing’ can be an individual’s life or limb. We all have an
insurable interest in our own life to an unlimited extent but we can also
have insurable interest in the life of others.

Being a relative does not necessarily create insurable interest, as there
must be a financial loss on the death of the life insured. There might
be emotional loss on the death of a relative or close friend but not
necessarily a financial loss.
Families do however have insurable interest in the life of the

‘breadwinner’; business partners may have interest in each other’s lives;

a bank has insurable interest to the extent of the amount of any loan
they make.

Insurable interest varies slightly depending on the branch of insurance

- Marine, Life or General.
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Principles and Practices of Insurance

Marine
In marine insurance, there must be
insurable interest at the time a loss occurs
and not necessarily at policy inception.
The nature of marine business is such
that goods can be in transit for several
months and its ownership could change
during the journey. Therefore, the person who may have taken out the
insurance may not be the person who suffers the loss.

Life
It has been established that in life
insurance insurable interest has only to be
present when the policy is taken out and
not necessarily when the loss occurs - the
opposite of Marine Insurance. This may
seem a strange position but is not really
a problem. If for example a bank requires a life policy as a condition
for a substantial loan, the debtor takes out the insurance on his life and

names the bank as the beneficiary for the proceeds. If the loan is paid,
the insured can simply change the beneficiary, or cancel the insurance.

General Insurance
For all other policies, insurable interest
must exist at policy inception, during the
currency of the policy and when the loss
occurs. If there is an absence of insurable
interest when the insurance starts then
the contract may be considered invalid
and if there is no insurable interest at the time of the loss then there
will be no loss to the insured.

2.3 - Indemnity
Indemnity in many ways is linked to Insurable Interest. Insurance
contracts to be valid must have Insurable Interest i.e. the insured must

suffer financially from the loss or damage to the ‘thing’ insured but that
Insurable Interest is limited to the financial interest.


046



Principles and Practices of Insurance


An owner has Insurable Interest in his own property but only to the
extent of the value of that property. Recover more and he would be

financially better off after a loss than before a loss. This would breach the

principle of indemnity and render insurance a gambling proposition..

The Principle of Indemnity is to put the insured in the same financial
position after a loss as he was in immediately before the loss. In theory,
he should be neither better off nor worse off but the same. In practice,
this is very difficult to achieve but it does not detract from the basic
principle, which many consider the foundation of insurance.
Indemnity is therefore the maximum financial interest that the insured

has in the insured item. However, it is not possible to place a monetary
value on a human life and we all have an unlimited interest in our own
life and limbs.

Therefore, life insurance and personal accident policies (excluding
medical expenses) are not policies of indemnity and the principle of
indemnity does not apply to them.
If the insured is to be in the same financial position after a loss as he

was before the loss, it is necessary to establish the value of any items
lost or destroyed at the time of loss.


Example:
Ali has a car model 2008 insured with a comprehensive insurance policy.
He had a car accident that damaged the head lights and the radiator


If Ali is given the new replacement price he would be able to purchase
new items whereas before the loss he had old items, so he would be
better off. To arrive at indemnity it is necessary to make a deduction
from the new price to make allowances for the age and previous use of
these items, known as wear and tear and depreciation.


Indemnity should not include any element of profit. Therefore, a
shopkeeper who has his stock damaged should be indemnified with the
cost price to replace that stock – it is not the selling price, which would
include his profit.
047



Principles and Practices of Insurance


In liability insurance the amount of indemnity would be limited to the
damages suffered by the third party with his costs.

Having established Indemnity, the insurance contract states that the
method of providing the Indemnity is at the option of insurers. The
typical policy lays down four options and insurers will normally elect
the option that is most convenient and least costly to them.

Monetary payment
In the majority of cases, this is the
most convenient method and insurers
reimburse the insured by cheque.


Repair
Insurers may arrange for a damaged
item to be repaired at their expense.
Collision damage to motor vehicles
is a common example where insurers
arrange repairs. In some cases,
insurance companies own or have a

financial interest in repair shops, which

help them to control costs. Alternatively, they may receive discounts
from repairers due to the volume of business.

Replacement
Insurers may choose to replace an item that has either been lost or
damaged beyond repair. Glass insurance, jewellery, house contents are
examples of replacement, again the insurance company usually gets the

benefit of discounts for the volume of business they supply.

Reinstatement
Reinstatement tends to refer to buildings or
machinery and is similar to repair. Insurers
may choose to undertake to rebuild the
damaged building themselves. An option
rarely exercised because of the problems it
can cause insurers. They would normally
expect the insured to arrange the work and
limit their role to verifying that the work is in order and within the
policy terms. They then reimburse their insured.


048



Principles and Practices of Insurance


A vehicle is damaged in an accident. The insured takes it to a garage who
estimates the cost of repairs as SR1,000. He submits a claim to his insurers
but due to their bulk purchasing power insurers can have the vehicle
repaired for SR 850. The insured states that he does not want to have the
vehicle repaired. He requests a cash settlement of SR1,000. Does he have
the right to this? Who chooses the type of compensation?
Indemnity is a principle underpinning insurance but in order to satisfy the

needs of policyholders it must be flexible. Insurers have policies that alter

slightly the strict principle of indemnity but achieve the overall objective of

attempting to put the insured in the same financial position after the loss as

he was immediately before the loss.

Agreed Value
In some cases it may be difficult to

assess the value of an item on the day
of loss, especially if that item is rare e.g.
an antique work, a master’s painting. In
these circumstances, insurers offer an
agreed value policy. In these contracts,
the value to be paid in the event of a


total loss is agreed at inception of the
policy. Note only the total loss value is
agreed, any partial loss would be handled
in the usual manner e.g. cost of repairs.
It does mean however that if the value
changes between inception and loss date
(which could be up to a year later) the
agreed value that is paid may differ from the indemnity value on the day
of the loss.

Agreed value policies are rarely used in non-marine insurance but are
very common in marine insurance where the value of cargo can fluctuate
during a long voyage and replacing the goods may be difficult in view of
the time and distances involved.
049



Principles and Practices of Insurance


A painting insured for SR100,000 on an agreed value policy is destroyed
in a fire. Its value on the day of the loss was SR75,000. How much will
the insured receive?
Give reasons for your answer.
First Loss
A situation may arise when the insured feels the probability of a total
loss is so remote that full insurance is not necessary. For example, in a
large warehouse containing heavy goods it is unlikely that thieves could

remove all the contents in a single loss. In these circumstances a first

loss policy, which permits less than full value insurance, is appropriate.
The insured selects the amount they feel is the
maximum they could suffer from any one loss

and this becomes the first loss sum insured and

is the maximum payable in respect of any one
claim. The full value of the property is noted
but only for information and to aid in premium
calculation. It does mean that if the insured has
made a mistake and does suffer a loss in excess

of the first loss sum insured he would not be

able to receive a full indemnity.


AlMuttahida have a first loss policy for SR500,000 although they have
property valued at SR2M in their warehouse. While closed during
a holiday period thieves break in and remove property valued at
SR600,000. What is the maximum the insurer can pay?
Give reasons for your answer.
In addition to these two types of policy, many other policies contain
conditions that can affect the amount the insured can receive as
indemnity.

050



Principles and Practices of Insurance


Average
It was stated earlier in the course that insurance is based upon the
common pool and that all contributors must contribute to the pool
according to the degree and size of the risk being introduced.

In the event that somebody undervalues his property, he will not be
making a fair and equitable contribution, as he will be paying less
premium than his risk demands. Insurers, therefore, penalise the insured
for any underinsurance by reducing his claim at the same proportion
that the sum insured is to the full value.
Unless there is a claim the underinsurance may not be discovered and it
will be too late to recover unpaid premiums possibly going back several
years.

Example

If a shopkeeper insures his stock for SR 50,000 but at the time of the
loss, the full value of his stock was SR100,000 then the claim will be
reduced by the same proportion – 50%. If the claim was SR15,000 he
will receive SR 7,500. It can be expressed as follows:


Replacing these with figures above:



If average applies then the insured will not receive a full indemnity.


Al Ikhlas Foods has a fire policy insuring their factory for SR1M. There is
a fire and the cost of repairs is agreed at SR 240,000. The loss adjuster notes
that the actual value of the factory at the time of the loss was SR1.5M.
How much can Al Ikhlas receive under the terms of the policy?
Show your calculation.
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Principles and Practices of Insurance


For example, house insurance may have a limit any one item or a limit
in respect of valuables.

Sums Insured
The sum insured is insurer’s maximum indemnity and they cannot pay
more than this amount. In the event the insured suffers a total loss
of a property that is underinsured he will not receive a full indemnity.
However, some policies have sub limits or inner limits.
Deductibles
Also known as ‘excess’
These are the first amounts payable by the insured and are deducted
from any claim payment. Some deductibles are voluntary, which means
that the insured has elected to have the deductible usually in return
for a reduced premium. Others are compulsory because insurers have
imposed them, usually to encourage the insured to be careful.
Reinstatement
This condition simply states that indemnity will be the full cost of
replacement without any deductions for wear and tear i.e. he will receive
the value of new goods.
The condition is quite common in policies covering commercial
buildings and machinery where deductions in any event may be quite
small but where huge funds are needed to continue the business.

The reinstatement condition is available in house insurance policies and
referred to as ‘new for old’. The reason is to avoid hardship when if the
homeowner loses a substantial part of his home indemnity only cover
may not provide enough to refurnish the home. Although not common

in KSA, in other parts of the world, notably the UK almost every home

policy is on this basis.

Why do you think an insurance company will give a discount from the
premium if the insured voluntarily agrees to pay the first SR 2,500 of any
claim instead of 1500 SAR?
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Principles and Practices of Insurance

2.4 - Subrogation
Subrogation supports the Principle of Indemnity and does not apply to

insurance policies that are not contracts of Indemnity.

Identify two policies that are not contracts of indemnity. Explain why
they are not contracts of indemnity.
The principle of indemnity is to place the insured in the same financial

position after a loss as he was in at the time of the loss. There are
circumstances, however, when an insured has the possibility to claim
from more than one party. If he did so successfully, he would receive two

payments and make a profit from his loss. This breaches the principle

of indemnity.

Example: “A” is waiting in his
car at a red traffic light. “B” is

approaching the red light but failed
to apply break in time and crashes
into the rear of A’s car causing

serious damage. Fortunately, “A”

has an insurance policy that will pay
for the repairs to his car. However,

he also has the option to make a claim against “B”. What he cannot do

is make two claims, one against his own insurance company and the
other against B’s.

In this example, if A chooses to ask his insurance company to pay his

claim (which is the sensible option as “B” may not be willing to pay

him) then the insurance company can act in Ahmed’s name and try to

recover from “B” (or his insurers).


This is the principle of subrogation, and means that an insured cannot
recover his loss a second time from another party if his insurer has
settled his claim. Those rights of recovery pass to the insurer.
053



Principles and Practices of Insurance


Subrogation exists as a right but only after the Insurers have settled the

claim. Many claims can however take several months if not years to settle,

very serious fire claims for example or major bodily injury. Insurers would

not want to wait before attempting a recovery neither would they want
their insured to start actions that could spoil their chances of success.

Insurance policies, therefore, have a policy condition that states insurers
may pursue a claim against another party in the insured’s name before
payment. Effectively insurers can start recovery actions immediately
after they are aware of the loss.
In addition to legal rights against a negligent party, Subrogation rights

can also happen under a contract e.g. tenancy or warehouse agreements.
A breach of a contract term may entitle one party to compensation. If
appropriate, these rights could pass to insurers.

Following a theft from Ahmed’s shop, his insurers pay him SR 5,000
in full indemnity. The thief following his arrest repays to Ahmed the
SR 5, 000 he has stolen. What should Ahmed do with the SR 5, 000?
In the same example above, the insurers pay Ahmed only SR 3,000
whereas the sum insured under the policy is SR 5,000 as Ahmed is unable
to substantiate his claim for full amount. The Police, however, recovers
full amount from the thief and passes on the same to the insurers as they
hold the subrogation rights.
What should insurer do with the SR 5, 000?
When insurers agree to pay a total loss
claim, e.g. when a car is so badly damaged
that repairs are impossible, there may
be some salvage value in the damaged
property. As the insured has received a
full indemnity, if he kept the salvage he
would be in an improved position.


054



Principles and Practices of Insurance

Therefore, the rights in the salvage pass to insurers as part of their
subrogation rights.
Adel’s car is irreparable following an accident. Its value is SR100, 000
and he receives this from his insurers. A dealer says he can break up the
old car for spare parts and offers Adel SR10, 000 for the wreck, which
Adel accepts. Should Adel keep the money?
Insurers have subrogation rights only in respect of losses for which
they have provided an indemnity. If there are uninsured losses such as
loss of wages, car hire then the insured can still attempt to claim these
from the third party.

In many of the larger insurance markets insurers enter into agreements
not to recover from each other. The reasoning is the principle of
‘swings and roundabouts’ (what we gain on the swings we lose on
the roundabouts and the result is stalemate). This is due to the large
number of claims and consequently the large number of times insurers
are trying to recover from each other. It becomes more cost effective
not to recover.

In some countries, in Motor insurance, the insurers have an agreement
called «knock for knock» under which each insurer pays the claim for the
motor vehicle under their policies and refrain from proceeding against
the insurer of the opposite vehicle.
2.5 - Contribution
If an insured takes out two insurance
policies covering the same risk, he
would have dual or double insurance.
To allow recovery from both insurance
companies would breach the principle
of indemnity. Contribution is similar

to subrogation; it exists to support the
Principle of Indemnity and like Subrogation, applies only to contracts

of indemnity.


055



Principles and Practices of Insurance


Dual insurance is not usually intentional but may happen through a
misunderstanding. Examples include:

• The company secretary and financial manager both believing it is
their responsibility to deal with the company’s insurance.

• The owner of goods and the owner of the warehouse both insure
goods stored in the warehouse.

• Cover under two policies overlap e.g. holiday insurance and a house policy.
Insurers allow for dual insurance by a contribution condition in their
policies, which states that in the event of more than one policy they will only
pay their share. This is the contribution or other insurance condition.
The share that each insurer agrees to pay is their rateable proportion
of any loss. There are two methods of calculating an insurers’ rateable
proportion, based on either sums insured or independent liability.
Sums Insured Method

In this method, the contribution to be paid by each insurer is calculated
by apportioning it according to the sums insured under each policy.
Each insurer pays according to the formula


Example

Policy “A” has a sum insured of SR 100,000.
Policy “B” has a sum insured of SR 400,000
The loss is SR10,000
Therefore: Policy “A” pays


Policy “B” pays



Insured Receives SR 10,000


056



Principles and Practices of Insurance


The method is adequate for property insurance when the policies in
contribution are identical in the cover they provide.
Independent Liability Method


The alternative method is suitable for policies that are not identical;
they may include deductibles, loss limits or when average applies. They
are also suitable for non-property policies e.g. liability insurances.
The independent liability is arrived at by calculating how much each
policy would have paid had it been the only policy issued. Each policy
is calculated and then the claim is apportioned according to the total of
independent liabilities.

The formula is:


Example

Policy “A” has a sum insured of SR 100,000 and a deductible of SR 500.
Policy “B” has a sum insured of SR 400,000 and a deductible of SR 1000
The loss is SR 10,000.

Independent Liability of Policy “A” is SR 9,500 (10,000-500)
Independent Liability of Policy “B” is SR 9,000 (10,000-1000)

Policy “A” pays


Policy “B” pays:



Insured receives SR 10,000



057



Principles and Practices of Insurance



The correct method is the one that is most appropriate for the
circumstances.

Similar to subrogation, larger insurance markets have agreements on

contribution. The method to use, when contribution is not appropriate
(if less than a certain amount only one insurer will pay), which policy

should take preference. A policy that is more specific would pay first. For

example, if one policy covers jewellery and another a diamond ring. If

the policies are in contribution then diamond ring is more specific than

jewellery. The diamond ring policy will pay and not seek contribution.

2.6 - Proximate Cause
When a loss occurs before making
a decision concerning settlement, it
is necessary to determine the cause
of the loss. In the majority of cases,
there is one cause of loss but there
are occasions when there is more than
one event. In these circumstances,
the rules of proximate cause assist in determining the cause of loss.

After establishing the cause, it is necessary to interpret the policy wording
to see if the loss is insured or not. The cause will fall under one of the
following three headings:

An Insured Peril

This is a peril specifically mentioned in the policy as covered by the policy. A
fire policy will specifically mention that losses caused by fire are insured.

An Excluded Peril

This is a peril specifically mentioned in the policy as not covered. A
fire policy specifically mentions a fire caused by an earthquake is not

covered.

Other Unnamed Perils
These are perils not mentioned in the policy. If the cause of loss is an

unnamed peril, it is not covered. The fire policy does not mention the

peril of theft. It is therefore neither an insured nor an excluded peril but
simply an unnamed peril.

058



Principles and Practices of Insurance


An earthquake knocks over a burning oil-stove. The building catches fire
which spreads to the adjacent building. A third building 5000 meters
away catches fire due to wind blowing in that direction. The owners of
the third building submit a claim. The policy covers fire (an insured
peril) but not losses caused by earthquake (an excluded peril).
Do you think insurers should pay the claim or does the exclusion apply?
Give reasons for your answer.
If there is a series of events there must be a direct link between the
cause and resulting loss. Each action should be the natural consequence
of the previous with nothing new intervening to change the effect. The
proximate cause is not necessarily the first or the last cause but is usually
the dominant cause. The cause that has set in motion a chain of events
that results in a loss.
Khalid falls from his horse and breaks his leg. Unable to move he remains
alone for several hours, exposed to the cold weather, eventually catches
an infection and dies. He had a policy that insured against accidental
death but not death caused by illness. Do you think insurers should pay
the claim?
In order to determine the answer we need to identify the proximate
cause of the loss. Is it an insured peril (fall from the horse) or an excluded
peril (the infection).
What do you think? Remember the proximate cause is the one that sets
in motion a train of events without any new and intervening event.
059



Principles and Practices of Insurance


Consider now the same circumstances, but this time Khalid’s riding
companion is able to call for assistance and Khalid goes immediately
to the hospital. Several days later, still in the hospital Khalid catches an
infection and dies.
What do you think is the proximate cause? What is different from the
question above? Has something new happened?
Ahmed is cleaning windows in the third floor of building. He suffers a
heart attack and falls down from the third floor and dies.
Ahmed’s family claims under personal accident policy.
What do you think is the proximate cause? Is the claim payable?
Consider now the same circumstances; Ahmed is cleaning windows in
the third floor of a building. He slips from the ladder and falls down.
Due to shock he suffers a heart attack and dies.
What do you think is the proximate cause? Is the claim payable?
060



Principles and Practices of Insurance


Progress Check
Directions: Choose the best answer to each question.

1. Utmost Good Faith can be defined as:
a. The financial relationship between the insured and subject matter
b. The right to claim from third party
c. The duty of disclosure of all material facts
d. All of the above
2. Indicate which of the following is correct. Utmost Good Faith applies to:
a. The proposer only
b. The insurance company only
c. Both the proposer and the insurance company
d. Non of the above
3. A Material Fact is the fact that:
a. Should not be disclosed
b. Affect the premium
c. Affect the conditions
d. Affects the decision of the underwriter to accept or reject the risk
4. The age of the policy holder is a material fact in:
a. Fire policy on a building
b. Theft policy on a retail shop
c. Private car policy
d. Contractors all risk
5. In the proposal of comprehensive motor insurance; some of material
facts that may help an underwriter assess moral hazard
a. The model of the car
b. The usage of the car
c. The age of the proposer
d. The previous losses
6. Insurable Interest can be defined as:
a. The financial relationship between the insured and subject matter
b. The right to claim from third party
c. The duty of disclosure of all material facts
d. All of the above
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Principles and Practices of Insurance


7. Indicate when Insurable Interest must exist in General Insurance?
a. At the beginning
b. During the policy
c. At the time of loss
d. All of the above
8. A shopkeeper has 1000 pairs of shoes in stock. He buys them for SR50
each and sells them for SR100 each. How much should he insure them?
a. 1000
b. 5000
c. 50000
d. 100000
9. Following a fire, damage amounts to SR15,000 in respect of stock
insured for SR100,000. The loss adjuster advises that the value of stock on
the day of loss was SR150,000. How will insurers calculate the settlement?
a. (100,000/150,000) *15,000
b. (150,000/100,000) *15,000
c. (100,000/15,000) *150,000
d. (150,000/15,000) *100,000
10. A policy has a SR1,000 deductible. A loss is agreed at SR10,000.
How much will the insured receive?
a. 1000
b. 9000
c. 10000
d. 11000
11. Define Indemnity.
a. The financial relationship between the insured and subject matter
b. The right to claim from third party
c. The duty of disclosure of all material facts
d. Putting back the insured in the same financial position before the loss
12. What are the options available to provide Indemnity?
a. Paying cash
b. Repair
c. Reinstate
d. All of the above
13. Who has the authority to choose the option of indemnity?
a. The policyholder
b. The third party
c. The insurance company
d. None of the above
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Principles and Practices of Insurance


14. The difference between ‘Indemnity only’ cover and ‘Reinstatement’
or ‘New for Old’ cover is:
a. In reinstatement there is no deductable
b. In indemnity there is no depreciation
c. In reinstatement there is no depreciation
d. In reinstatement there is large deductable
15. Following a claim insurers pay SR100,000 to the policyholder and
allow him to keep the salvage valued at SR10,000. How much can they
claim from the third party?
a. 10,000
b. 90,000
c. 100,000
d. 110,000
16. A loss agreed at SR10,000 but after allowing for the deductible
insurers pay SR 9,000 to the insured. How much can insurers claim
from the third party?
a. 1000
b. 9000
c. 10000
d. 11000
17. What principle does Contribution and Subrogation support?
a. Insurable interest
b. Indemnity
c. Proximate cause
d. Utmost good faith
18. Proximate Cause is the:
a. First cause
b. Last cause
c. Main cause
d. Physical cause
19. What is the purpose of Proximate Cause?
a. To determine the indemnity amount
b. To determine the deductable
c. To determine if the loss is covered
d. All of the above
063



Module 3:
Risk Underwriting
Module 3:
Risk Underwriting



After studying this module, you should be
able to:

- Understand the proposal form
- Identify the three main function of an
underwriter
- Understand what is a warranty and deductable
- Describe the role of surveyor
- Understand the maximum probable loss and
relation to reinsurance



Principles and Practices of Insurance


Introduction

It is the duty of the underwriter to decide whether to accept a risk
and if so on what terms. In this module, we look at the steps taken by
an underwriter and how he gathers information in order to reach that
decision.

Previous modules discussed the duty of utmost good faith, the
importance of material facts and explained physical and moral
hazards. In this module we refer again to these subjects, place them
into a practical context and their importance to the underwriter when
he assesses the risk.

The use of proposal forms, brokers’ slips and surveys to obtain
information are considered. Finally, we look at how an underwriter
presents a quotation.

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Principles and Practices of Insurance

3.1 - Material facts
It is the job of the underwriter to decide whether to accept a risk
for insurance and if so he must then decide the applicable terms and
conditions. In order to do this he needs all material facts.
See Module 2: Legal principles of insurance; Section 2.1 for a more

detailed discussion of Material facts.

Do you remember the definition of a material fact?
Amaterialfactisanyfactthatincreases
the risk or makes it more hazardous
than others in a similar category. It is
also any fact that has a bearing on the
morals or character of the insured or
his manager or employees

Without all material facts, the
underwriter is unable to fully assess the risks presented to him. The
importance of material facts in the insurance contract cannot be
underestimated and failure to disclose will have serious consequences.


What are the options available to an insurance company who
subsequently discovers that their insured has failed to disclose a material
fact?
The duty of disclosure applies equally to both proposer and insurers
but the duty is more onerous for the proposer who must disclose all
material facts without being asked. In practice, although this may not
be a problem for a larger commercial organisation, clearly an individual

taking out insurance for the first time cannot possibly know those facts an

underwriter would consider material and those which are immaterial.


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Principles and Practices of Insurance


Insurance companies therefore ask the appropriate questions, typically
in a proposal form to obtain those facts they consider material. The
point remains however that without full disclosure of material facts it is
not possible to accurately assess the risk. If a proposer is in any doubt
as to whether a fact is material or not the advice must be to disclose the
information.

2.1 listed types of fact that the proposer must disclose and types of
fact that he need not disclose. For ease of reference, those lists are
repeated here.
Facts requiring disclosure include:

• A full description of the subject matter of the insurance
• Any other policies covering the same risk
• Previous insurances
• Details of previous losses and insurance claims
• Any fact that increases the risk from normal.
Facts not requiring disclosure include:

• Facts of law
• Facts of public or common knowledge
• Facts that lessen the risk
• When further information has been waived.
In deciding whether a fact is material or not the type of insurance is
relevant. The age of the proposer is material for life assurance (older

person) but is not relevant to fire insurance on a building.

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Principles and Practices of Insurance


Using the above as a guide decide, giving your reasons, whether the
following facts should be disclosed or not.
Age of the proposer (Motor):
Existing medical conditions (Medical Expenses):
Installation of a new fire sprinkler system (Fire):
Age of the proposer (Fire):
Outstanding loan on a car (Motor):
Type of stock (Theft):
Distance from the nearest police station (Fire):
The proposer’s claims record (Motor):
3.2 - Physical and Moral Hazards and the use of Warranties
After gathering the material facts the underwriters’ first decision is
whether to accept the risk or not. Some types of risk, possibly because

of a particular trade or type of property or location may be unacceptable
to an individual underwriter.

If the risk is acceptable, the next decision of the underwriter will
be to decide on the terms he will offer. In making this decision the
underwriter will consider the physical, morale and moral hazards
presented by the risk.

See Module 1: Risk and Insurance; Section 1.7 for a more detailed

discussion of Moral and physical hazards.


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Principles and Practices of Insurance


Explain hazards and the difference between physical hazard, morale
hazard and moral hazard.
In deciding terms, the underwriter must ensure that the insured makes a
fair and equitable contribution to the common pool. The underwriter will
have an average rate for a particular risk, often referred to as the ‘book’
rate based on the many years experience of underwriting that particular
class of business. To this book rate, he will make adjustments to take into
consideration the good and bad features of a risk.
As an example, the fire book rate for office building is 0.1% but if a

particular building has a car parking area, with a small workshop where
the insured stores petrol. The storing of petrol is clearly hazardous for

fire insurance. To take this risk the underwriter might increase the rate,
to say 0.15%. However, if the building has adequate fire extinguishers

the underwriter might then reduce the rate, by say 10% making the net
rate 0.135%. By adjusting the rate, the underwriter makes allowances
for the bad and good features of a risk.

The underwriter, therefore, adjusts the rate of premium to recognise the
differences that an individual risk has from the standard or normal risk
for that class and consequently the contribution the insured makes to
the common pool. The terms, however, are not just the premium to be
paid. There are occasions when no amount of additional premium will
compensate for a bad risk. Another option available to the underwriter
is to impose an excess (also known as a deductible).

An excess is the first amount payable by the insured towards any claim.
The insured pays for any claim up to the specified amount of the excess
and the excess is deducted from all claims that exceed it.
If a loss is agreed at SR750.00 but there is SR100 excess then the insured
will receive SR650.00 (750-100 = 650). A loss of SR 75.00 will be borne

by the insured himself because it is below the excess.

070



Principles and Practices of Insurance


A policy has an excess/deductible of SR 2,000. How much will the
policy pay for the following claims?
a) SR 500
b) SR1, 500
c) SR 2,100
d) SR10, 500
Excesses are particularly useful for eliminating small claims, which can
be administratively expensive to deal with and of course, the excess
reduces the size of all claims, even large ones.

If the underwriter decides to impose the excess as part of his terms
for accepting the insurance, this is called compulsory excess. There
are occasions, especially for personal insurances when the insured may
request an excess in return for a discount from the premium. This is
known as voluntary excess.

In trying to ensure that the insured makes a fair and equitable contribution
to the pool of premiums for the risk introduced the underwriter can
amend the premium rate and decide whether to apply an excess as part
of the terms for accepting the risk.

There is a third option - that of imposing a warranty on the insured.

The use of warranties by an underwriter is a valuable part of his
overall terms. It enables him to ensure that good features of a risk are
maintained throughout the period of a contract. It is also valuable in
controlling poor physical hazards.
The office building referred to earlier had
petrol stored in a small workshop. The
underwriter may decide he wants to limit this
hazardous feature of the risk by restricting
the amount of petrol kept on the premises.
He will do so by including the following warranty in the policy: It
is warranted that the quantity of petrol in the workshop other than in
parked vehicles shall not exceed 50 litres at any one time.


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Principles and Practices of Insurance


The insured received a discount on the rate because of his fire

extinguishers. The underwriter will want to ensure that these are working
satisfactorily and are in place throughout the insurance period. He may
therefore include the following warranty:

It is warranted that fire-extinguishing
appliances kept on the premises are
maintained in efficient working order
during the currency of this policy.

In the event that the insured breaks either
of these warranties (by exceeding 50 litres

of petrol or if the fire extinguishers are

not maintained properly) the insurance


contract itself is jeopardised.

A warranty is a condition written specifically into an individual policy

stating that:

• Either a certain state of affairs does or does not exist
Or

• That something shall or shall not be done.
The warranty when applied to insurance contracts is a condition that
goes to the heart of the contract. Insurers consider a breach extremely
serious and a breach of a warranty makes the whole contract avoidable
at insurer’s option.

A breach can reflect the attitude of the insured that ignores or breaks
rules that can lead to physical damage. Therefore, a breach could allow
insurers to avoid payment under a policy even if the breach is not
relevant to the loss suffered. If our office owner keeps too much petrol
or fails to service his fire extinguishers, his insurance contract will be in
jeopardy.
However, unless there are other factors involved most reasonable
insurance companies do not avoid paying claims when the breach has
no connection to the cause of the loss.

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Principles and Practices of Insurance


Breaching a warranty gives insurers the option to repudiate a claim and
possibly cancel the whole contract. Insurers rarely enforce the option to
cancel but why do you think the penalty for breaching a warranty can
be so severe?
The underwriter when assessing the risk wants to ensure that the
insured makes a reasonable contribution. He also needs to ensure that
any hazardous features of the risk are under control and good features
maintained. The main terms that he can use to achieve these objectives
are the premium, excess and warranties.

Far more difficult for the underwriter is the assessment of moral hazard.

In an individual risk, it is the conduct of the person insured. The dishonest
person who may make a fraudulent or exaggerated claim clearly presents
a greater moral hazard than the honest person. However, recognising

this in advance can be difficult and so can the decision whether an

exaggerated claim is dishonest or merely a negotiating tool.

In addition to the individual, social attitudes can be important. There
may be sectors of a society that, possibly because there is no personal
victim, do not regard cheating insurers as dishonest.

Morale hazard in a business organisation can be recognised by the attitude
of management and employees. Premises that are untidy, lack supervision or
where the insured ignores safety rules suggest an attitude from management
or employees that they will not respect the insurance rules.

There is an overlap between morale and physical hazard as poor morale
hazard may lead to increasing the physical hazard that can cause or
increase the size of a loss. A no smoking rule not enforced can lead

to a discarded cigarette starting a fire. Untidy premises can cause
accidents and injuries to employees or visitors. Safety rules leading to

overcrowding or machinery not guarded correctly can cause damage.
The losses are physical but all originate from the insured’s attitude and
poor morale hazard.


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Principles and Practices of Insurance


A motor proposal form indicates that the proposer has a history of
minor accidents. Could the cause of these accidents be poor morale
hazard?
3.3 - Proposal forms and broker’s slips
Offer and acceptance are essential ingredients in an insurance
contract.

The proposal form is the most usual way the offer is made by the Insured
and the insurance company obtains information about the risk. They
are usually designed in order to present the information in a convenient
and easy to understand format that can speed up the underwriter’s
work. They will provide information concerning the physical hazards
and clues as to the moral hazard.

There is a variety of proposal forms issued by all companies covering
a whole range of policies and therefore their look and appearance can
differ greatly. Questions however, usually fall into two types those that
that are general in nature, name, address etc and those that relate to
the insured risk. We shall categorise proposal forms between personal
insurance and commercial insurance.

Personal policies are those issued for individuals e.g. private car,
house, travel etc. General questions will relate to the proposer and will
include:

• Name, age, address, occupation
• Details of previous insurance policies
• Details of previous losses or claims
• Whether any other insurance company has refused to give cover
The answers to these questions will help to build up a ‘picture’ of the
proposer.

Other questions will refer specifically to the type of insurance. Examples

include:

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Principles and Practices of Insurance

Private Car

• Vehicle details
• Driving experience of proposer
• Details of other drivers
• Use of the vehicle
House Insurance

• Location of property
• Value
• Construction
Commercial policies are those issued for businesses.
General questions may include:


• Business name and postal address
• Business locations
• Exact description of trade
• Details of previous insurances
• Previous losses and claims
Examples of specific questions include:

Third Party/Liability Insurance

• Contracts entered into
• Estimated turnover or sales
• Limit required
• Details of any machinery used
Theft

• Nature of goods
• Details of locks, bolts etc
• Value of goods
• Unoccupancy times of premises
After completing the form, the insured will sign and date the form. As
part of the form, he will also be signing a declaration at the foot of the

form. The declaration is an important part of the form as it confirms

that the information supplied by the proposer is true and correct usually
to his best knowledge and belief.


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Principles and Practices of Insurance


Many proposals also contain a warning regarding the duty of disclosure.
It may be part of the declaration or more prominently included
on the form. The note contains a warning as to the importance of

disclosing all material facts, defines a material fact and suggests that

if the proposer is in any doubt as to whether a fact is material or not
he should disclose it.

Whilst the majority of insurances require the completion of a proposal,

there are times when they are not used. In larger fire risks, the details

may be so complex that it would not be possible to provide all details in a
single form. Many insurers therefore do not use them, whilst others will
always ask the insured to sign the form as it includes the declaration.

A proposer submits a proposal form with all questions properly
answered. He encloses full payment of the premium and requests that
cover starts immediately. You note that the proposer has not signed the
form. What action would you take?
Marine insurance developed at Lloyd’s of London and the practice at
Lloyd’s is not to use a proposal form but for the broker to present
details on a broker’s slip. Today, apart from small pleasure boats it is not
common practice to use proposal forms for marine insurance.

The use of the broker’s slip has grown and it is now usual for brokers to
present larger commercial business to insurers on a slip. The broker a is
full time insurance professional and is aware of the information needed
by the underwriter to prepare a quotation. The broker’s slip will contain
all the necessary details including possibly even a guide to the rate and
conditions they expect.

A simple broker’s slip for the previously mentioned office building may

look as follows:

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Principles and Practices of Insurance


Professional Insurance Brokers Ltd


Quotation Slip
Proposer ABC Property Company
Business Building Owners
Period of Insurance 12 months from 1.1.2002
Cover required Fire
Location 125 High Street, Anytown
Sum Insured SR100M
Description 5-storey office block built 1995
Occupation Rented as offices to some 10 tenants
Previous Claims None
Previous Losses None
Other Information Underground car parking for 50 cars
Includes storage area for petrol
Fire extinguishers located on each
floor
Rate Please advise
Commission Normal terms apply

If the business is accepted, insurers may choose to accept the slip and
dispense with the requirement of a proposal. When presenting the
information the broker is acting as the agent for his client.

A broker’s slip states that the insured has never suffered a previous loss.
The insurance is prepared based on the information contained in the
slip. Later the investigation of a claim reveals that the insured has had
previous claims, although he states that he advised the broker. What is
the position of:
a) The Insurance Company
b) The Insured
c) The Broker
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Principles and Practices of Insurance

3.4 - Surveys
In respect of a simple personal insurance a proposal
form may provide sufficient information to enable the
underwriter to assess the risk and make his decision as to
whether to accept the risk and if so the terms to apply.
For larger risks and where possible for the majority of
commercial insurances a survey is required.
The surveyor is often referred to as the eyes and ears of the underwriter,
he will visit the premises to be insured and complete a report to be
submitted to underwriters to assist him to assess the risk.
The reasons for requesting surveys include:

• To obtain a full description of the risk. Particularly if the proposal is
inadequate for this purpose.

• To check that the details on the proposal are correct.
• Assess the physical hazards.
• Assess the morale hazard. Looking for such features as employee
attitude, tidiness, and cleanliness.

• Recommendations on risk improvement and loss prevention.
The shape of the report will depend largely on the complexity of the
insurance. An insurance company may have pre-printed short survey
forms covering most lines of business for smaller risks. The surveyor will
simply complete this in much the same way that the insured completed
his proposal form. For larger risks, the surveyor may need to prepare
a written report. Whether it is a lengthy printed report or a short form
the information in the report will contain the following:

• A full description of the risk. This may include a plan of the premises,
photographs, type of work undertaken, details of neighbouring
buildings.

• An assessment of the level of risk, taking into account all the physical
and morale hazards.

• An opinion on the management or housekeeping at the insured’s
premises.

• Recommendations on loss prevention.
• Adequacy of the insurance requested to ensure that it is reasonable
and not too high (over insurance) or too low (underinsurance).

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Principles and Practices of Insurance


Underinsurance is a problem for insurers because it means the insured
is not contributing sufficient funds to the common pool for the risk he
is introducing. Slight over insurance is being cautious but insurers view
excessive over insurance with suspicion. Why do you think this is so?
The underwriter’s job is in three parts. We have already discussed two of

them (first whether to accept a risk and then the terms), the third aspect

is how much of the risk to retain for his account and how much to
reinsure. To help make a decision he will rely on his surveyor’s opinion

of the worst possible scenario; the maximum loss that can be suffered

from one single event.

This maximum loss from any one event is the MPL (Maximum Probable Loss)
or sometimes the EML (Estimated Maximum Loss). It is a very important

figure to enable the underwriter to complete his job and an important aspect

of the surveyor’s report is his opinion on the amount of EML.
The sum insured is insurer’s maximum liability and
they can never pay more than this amount but the
EML may be lower than this. If for example, the

insured owns two buildings each insured for SR1M

then the total sum insured and insurer’s maximum

liability is SR2M. However, if the two buildings

are in separate locations, insurers cannot suffer a

total loss on this policy from one event: a single fire

cannot destroy both buildings. The surveyor may

estimate the EML at SR1M. The underwriter will decide his retention
based on the EML of SR1M and not the total sum insured of SR2M.

TheEMLisimportantindecidingthereinsurance
arrangements. If the surveyor estimates the
EML too high then the insurers will retain less
risk than warranted and reinsure the balance thus
paying more towards reinsurance premiums. If
he estimates it too low then insurer will retain more than warranted i.e
expose themselves to a higher risk and possibly a claim in excess of their
capacity though reinsurance outgo will be less.


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Principles and Practices of Insurance


An insured owns a building valued and insured for SR10M. He advises
that he has purchased the neighbouring building that is identical. He
adds the second building to his policy making two buildings each
insured for SR10M and a total sum insured on the policy of SR20M.
How do you think this will affect the rate? Will it:
a) Increase
b) Decrease
c) Stay the same
Give reasons for your answer
An underwriter’s job is in three parts. What are they?
3.5 - Quotations
On receipt of all the facts, an underwriter is in a position to assess the
risk. He will decide his terms and the next step to effecting cover is to
offer his terms to the proposer as a quotation. The proposer or his broker
may have approached several insurance companies for quotations.

The quotation by insurers is an offer that if the proposer accepts creates
a contract. It is important therefore for the underwriter to prepare his
quotation accurately, as it may be difficult to alter or correct any errors
at a later stage.
If the proposer accepts the quotation then insurance cover is in force
from the inception date required on or after the date of receipt of
premium. However, circumstances change and a quotation must be valid

for a fixed period, typically 30 days but could be less. At the end of this

time, the quotation is invalid and the underwriter has the opportunity
to change the terms.

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Principles and Practices of Insurance


What could the consequences be if an insurance company issued a
quotation with no date and no time limit?
It must be emphasised that there is no cover in force during the period
of the quotation. This is simply the time allowed for the proposer to
decide whether to accept the underwriter’s quotation.

If the quotation is acceptable, cover will be in force from the required
date and insurers will make steps to issue a policy. This may take several
days but cover is in force during this period. The policy is the written

evidence of the contract; it is not the contract and is not a prerequisite

for insurance.

If the insured requires evidence of the insurance, perhaps for a
contractor, bank or employee then insurers issue a cover note. This is

a document confirming that cover is in force. It may be a simple letter

from insurers or a more formal document. Once the policy is prepared
and issued, the cover note is no longer necessary.

To prepare the quotation accurately would require a completed proposal
form and a survey but for commercial reasons insurers may need to
prepare quotations before these are completed. The underwriter will
prepare the quotation but with conditions attached.
The underwriter will offer the quotation but ‘subject to completion of
a satisfactory proposal’ and if, the underwriter feels the risk requires a
survey (almost certainly for any reasonable sized commercial risk) he
will add ‘subject to completion of a satisfactory survey’.
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Principles and Practices of Insurance


A quotation for ‘office’ owners could look as follows:

New World Insurance Co Ltd
To: Professional Insurance Brokers Ltd
Date: 5th December 2001

Quotation No 1234/ABC
Proposer ABC Property Owners Ltd
Business Building Owners

Period of Insurance 12 months from 1.1.2002
Cover required Fire

Location 125 High Street, Anytown
Sum Insured SR100M
Description 5-storey office block built 1995
Occupation Rented as offices to some 10 tenants

Previous Claims None
Previous Losses None
Fire Rate .135%

Rate Subject to 1. Satisfactory Proposal Form

2. Satisfactory Survey
Warranties 1.Max 50 litres petrol (excl in parked cars)

2. Fire appliances serviced and maintained
Commission Standard

Quotation Valid for 30 days from date of issue

If the subsequent survey or proposal reveals any unsatisfactory aspects,
the underwriter has an opportunity to change his terms. If the insured
asks for immediate cover i.e. before the proposal or survey is completed,
the normal practice is to hold covered but again subject to the proposal
or survey being satisfactory.

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Principles and Practices of Insurance


An insurance company issues a quotation that the proposer accepts.
Insurers issue the policy and later the insured submits a claim. Realising
they have no proposal the company request one. On arrival, there are
several unsatisfactory features.
Do you think insurers have any grounds for refusing to consider the
claim? What should they have done?
Write your answer here.
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Principles and Practices of Insurance


Progress Check
Directions: Choose the best answer to each question.

1. If the insurance company surveys the premises this will:
a. relieve the insured of the duty of good faith
b. lower the deductable
c. lower the premium
d. none of the above
2. Which of
the following is not a material fact in relation to
comprehensive motor insurance?
a. Chassis number
b. Make and model of the vehicle
c. Value of the vehicle
d. Number of children the proposer has
3. Which of the following documents provides an underwriter with a
fast, effective and convenient method of obtaining material facts?
a. Quotation
b. Proposal Form
c. Policy
d. Certificate of insurance
4. An insurer issues a quotation on 15th January, which the insured
accepts with cover to commence on 1st February. A loss occurs on
29th January but the insured does not inform the company as the loss
happened before cover started. After paying the claim, the insurers
discover that the loss occurred before inception.
What action can insurers take?
a. No action cause they already paid
b. They can ask the insured to pay back the claim to them
c. Cancel the policy
d. None of the above
5. Why do insurers use warranties?
a. To decrease the deductable
b. To control bad hazard and maintain good ones
c. To determine the premium
d. To determine the conditions
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Principles and Practices of Insurance


6. What is the difference between a voluntary excess and a compulsory
excess?
a. Voluntary excess is chosen by the policyholder while compulsory by
the underwriter

b. Voluntary excess is chosen by the underwriter while compulsory by
policyholder

c. Compulsory excess is more than the voluntary
d. There is no difference
7. The main function of the surveyor is to:
a. Decide the premium
b. Put the warranties
c. Visit the site to be insured and report to underwriter
d. Give advices to reduce the risk
8. EML (Estimated Maximum Loss) is:
a. The maximum loss in one year
b. The maximum loss in one claim
c. Less than the sum insured
d. Greater than the sum insured
9. When does insurance cover commence?
a. During the period of the quotation
b. After paying the premium
c. After accepting the quotation
d. From inception date after accepting the quotation
085



Module 4:
The Insurance Market
Module 4:
The Insurance Market



After studying this module, you should be
able to:

- Discuss the operation and structure of
insurance market
- Identify the different types of insurance
companies
- Identify the different types of intermediaries
- Identify the types of insurance buyers
- Outline the different distribution channels
used for buying and selling of insurance



Principles and Practices of Insurance

Introduction

A market is broadly defined as a place where buyers and sellers meet

to exchange goods and services. Insurance is a market and although
there may be no physical meeting place it is still a market where
buyers and sellers are brought together often with the assistance of
intermediaries.

In this module, we shall examine the structure of the insurance market
and the different groups of buyers, sellers and intermediaries that
together make the market place. Reinsurers’ role in the market is also
considered

Finally, we shall look at the role played by other parties who supply a
service to the insurance industry.

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Principles and Practices of Insurance

4.1 - Components of the insurance market
A market is where buyers and sellers meet to conduct business but
this does not necessarily have to be a physical meeting place. Modern
technology has made communications between parties much easier and
business is done at a time and place more convenient to everyone.

The insurance market includes three publicly known groups with a
fourth group known primarily by those within the industry.

The three publicly known groups are the buyers of insurance, the
intermediaries (middlemen), and the sellers of the service, collectively
known as insurers. The fourth group are the reinsurers who support
insurers.

In this section, we shall become familiar with the sellers or providers of
insurance, the insurers. The most well known are insurance companies,

who provide insurance to the public. These are classified according to

their ownership structure or type of business written.


Proprietary Companies

Shareholders who have either supplied the share capital or purchased

shares in the company own proprietary companies. It is to the

shareholders that any profits belong, in the form of dividends. The

shareholders would however endure the cost of any losses and could
lose their entire investment.


Mutual Companies

Policyholders own mutual companies and who share any profits, usually

either a bonus (mainly life assurance) or lower premiums for other types
of insurance.


Specialist/Composite

A specialist insurance company (either mutual or proprietary) is, as its
name implies one that specialises in a particular class of business. A
composite company on the other hand is one that deals with all, or
certainly the majority of classes of business.


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Principles and Practices of Insurance


Let us take a look at the concept of self –insurance, when a business
will make a conscious and deliberate decision to retain risk for itself. In
order to facilitate this process a business enterprise may form a captive
insurance company.

A parent company, typically a substantial national or multi-national
organisation, will form a subsidiary captive insurance company to insure

its own risk. Originally, designed as a tax efficient method of retaining

risks, though many of the original tax incentives have closed they are
still a very popular method of self-insurance for a company.

The captive insurer is not registered as an insurance company (even though
it may have the title in its name) and cannot do business with the public.
Trading sectors of the parent company pay premiums to the captive
who issue policies and deal with claims as a commercial insurer. Like a
commercial insurer, it will also protect its fund by using reinsurance.
Lloyd’s of London
A unique institution Lloyd’s began as
a marine insurer in the 1600’s. At that
time, Edward Lloyd’s coffee house in
London was a meeting place for people
generally interested in shipping that
gradually became a centre for marine
insurance. They increasingly wrote other classes of business and in 1871,
Lloyd’s Corporation was set up to govern and administer their affairs.


Lloyd’s is not an insurance company and does not itself transact business.
It provides the facilities (building, administrative support etc) for its
members who transact business. For many years, these were individuals,
operating on an unlimited liability basis, who formed themselves into
syndicates. The syndicate would appoint an underwriter to accept
risks on behalf of the syndicate. At one time Lloyd’s had some 30,000
individuals (known as names) grouped into some 400 syndicates.
Following a series of disasters in the 1980s and early 1990s, a large
number of these names lost their life savings. In some cases, family

fortunes built up over several generations were lost. Since that time the

number of names have reduced and Lloyd’s have allowed corporate
members with limited liability to join.

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Principles and Practices of Insurance


It is a feature of Lloyd’s that it does not deal directly with members of the
public. They only accept business from Lloyd’s brokers (insurance brokers
who have been approved by the Council of Lloyd’s) and only Lloyd’s

brokers are permitted on to Lloyd’s trading floor (known as the ‘room’)

Lloyds website: www.lloyds.com

The State

In many territories the state will also act as an insurer. This may be because
insurance is a nationalised industry or where the state has declared a
certain type of insurance compulsory (workmen’s compensation or
third party motor for example) and then insures that class of business.

There are several other examples of types of insurers but these are
formed due to legislative or tax consideration in particular countries.

Friendly Societies, Mutual Indemnity Associations, Industrial Life are

examples from the UK of insurers who exist because of a tax and
legislation advantages.


In any typical market place, sellers compete with each other for business.
Think of a market with which you are familiar e.g. local vegetable market,
a market for consumer goods, say a TV or newspapers. List the various
methods that the suppliers of these goods use to attract customers.
Now consider the suppliers of insurance. Do they use the same methods
you have outlined above or do you think there are differences?
Buyers of Insurance

Buyers of insurance are usually classified into two broad groups, private

individuals and commercial organisations. The needs of each group
are different and the types of policies arranged for each group are
different.


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Principles and Practices of Insurance


Private individuals usually referred to as personal insurances or personal
lines and the bulk of the market is in respect of private motorcars and
houses insurance.
Other insurances in this sector include travel, life and personal accident.
Individually the premiums are not large but together the personal lines
market can produce a large volume of business.

It is however the commercial sector that supply the bulk of the premium
income for insurers. Most insurance companies are organised on the
lines of personal and commercial with possibly the commercial sector
sub-divided according to size or type of insured.
A third category occasionally used is that of public bodies or not for

profit organisations. These organisations provide a public or voluntary

service, charities, government departments, schools, hospitals, sports
clubs etc.

What do you think is the advantage to insurers of classifying buyers
into personal and commercial?
4.2 - Intermediaries
Introduction
In general, the term agency describes a situation when one party (the
principal) authorises another party (its agent) to act on its behalf. The
rights and duties of each party are subject to the law of agency. In
insurance, the term agent has a different meaning and therefore to avoid
confusion between the insurance agent and the general law of agency
it has become customary to use the term intermediary when referring
to insurance.

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Principles and Practices of Insurance

It is quite possible and in many cases
quite common for buyers to go direct
to an insurance company and purchase
insurance. They will consider and decide


their insurance requirements, find the

correct insurer and negotiate accordingly.
Others may decide they need someone
to act on their behalf, provide impartial
advice, and consequently visit an insurance intermediary.


The intermediary is a middleman whose role is to bring buyers and
sellers together into a contractual relationship. He receives payment in
the form of commission deducted from the premium that is payable to
the insurer. Although insurers pay the commission and it is with insurers
that he may have a close and long term professional relationship, it is
the insured who is the client and the insured for whom the intermediary
is acting.

One of the problems when considering the intermediary sector of the
market is its fragmentation, with a variety of people doing the role and
many with different titles although they may be effectively doing the same
job. Brokers, consultants, agents and advisers are titles intermediaries

may call themselves. Some countries have tried to regulate this sector

of the market by using legislation to control who may use titles or who
may perform certain functions.

Intermediaries in KSA

The implementing regulations of the Saudi Arabian Cooperative
Insurance Companies Control Law have defined the participants in this

sector into three types.

SAMA is still introducing the regulations and their impact on the

structure of the market is unknown. Before the regulations, it was a
fragmented sector comprising Brokers, Agents, Consultants and others,
many of whom are professional but others less so and simply using the
title to give themselves status. Within the industry professional could
recognise each other but to the insuring public their competence is
unknown.


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Principles and Practices of Insurance


Brokers
Traditionally an insurance broker is an individual or firm whose full
time occupation is insurance. Use of the term broker implies that
they are holding themselves out to be experts in insurance. They are
knowledgeable about insurance and can give independent and impartial
advice to a policyholder on their professional needs. They know the
insurance companies in the market and which offers the most appropriate
product for their client’s need at the most favourable terms.
In KSA there are local companies operating nationally often with

international connections and they compete with multi-national
companies who operate in many territories and employing several
thousands of staff. The larger multi nationals have in excess of 50,000

employees, over 500 offices in more than 120 countries and enjoy
revenues in excess of US$8Billion.

The regulations make it clear that a broker is representing his client
whose interests should be of primary importance.

Agents
Traditionallyaninsuranceagentiseitherafulltimesalespersonrepresenting
a single insurance company or a part time insurance salesman who has
other business interests that provided an opportunity to sell insurance.
Typical would be the car dealer who sells a car and insurance to go
with it. Estate agents, accountants, legal personnel are other examples.

These part time agents normally confine their activities to introducing
the business; they do not claim to be experts in insurance and will not

offer guidance except in the most general way

The new regulations make it clear that an insurance agent represents
the insurance company and can only give advice on, or recommend the
products for that one company.

Advisor
The regulations introduce the advisor as someone who provides
consultative services. Brokers and agents receive a commission on the
products they recommend to the policyholder but it appears that this
category of insurance service provider will be paid by charging a fee,
based on the service provided for giving consultation and advice that
may not necessarily result in the purchase of an insurance product.
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Principles and Practices of Insurance


Your friend has asked your advice about buying insurance. He wonders if there is
any advantage in visiting a broker. What would you reply?
4.3 - Distribution channels
The distribution channel of a product describes the methods used

to bring a product from its manufacturer to the final consumer. In

insurance, the ‘manufacturer’ is the insurer and in order to distribute

his product there are two principal routes; either, direct to the consumer
or indirect, using intermediaries. Each has their benefits and drawbacks.
Some companies prefer to deal with one method exclusively whilst

others use a combination of the two.

Direct Business:
Direct business involves the insurer selling his product direct to the
insuring public without any independent intermediary being involved.
A traditional method of direct selling is to employ a direct sales force and
although paid on a ‘commission only’ basis, they are employees of the
company. This system is very popular especially with life assurance.

There has been a great expansion of
direct business in the last decade or
two mainly in personal lines business.
Improvements in communications
and the use of computers makes it
possible to do business from a central

processing office (a call centre) with

quotations and cover given instantly over the telephone. These direct
companies pay no commission but need to advertise heavily. This type
of business is mainly suited to personal lines insurance, primarily car
and house insurance.


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Principles and Practices of Insurance


Indirect Business:
Intermediaries introduce business to the insurance company in return
for which they receive commission. The insured receives the benefit of
independent and impartial advice from the broker who will place the
business with the company that offers the best terms and conditions for
his client’s business. The broker may also assist his client in dealing with
claims or any other problem with the insurance. Intermediaries, usually
insurance brokers arrange the majority of commercial business.
The insurer will have to pay commission to the broker but has no
major advertising expense. The relationship with the broker can be long
standing and because the brokers are themselves professionals, insurers
can entrust a great deal of the administrative work to them.

Many brokers do not wish to handle
too much personal lines insurance,
as the individual premiums can be
relatively small for work involved.
With the improvements in technology,
the trend has been for personal
business to be handled direct and
commercial insurances indirect. This trend may continue as the future
makes communication easier in the form of WAP mobile telephones,

Interactive Digital TV, the Internet and whatever else the future may

bring.


Why do you think that direct business is more suited to personal lines
insurance e.g. private car insurance than to commercial business?
Reinsurance
Reinsurers are part of the supply chain
as they support and extend the supply
of insurance. They accept business only
from insurers, i.e. insurance companies
(including captives), Lloyds and other
reinsurers, often dealing through an
intermediary, the reinsurance broker.


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Principles and Practices of Insurance


Reinsurers may be a specialised reinsurance company i.e. they do not
transact business with the insuring public. Insurance companies also act,
as reinsurers, through either a separate division or subsidiary company.
Lloyd’s syndicates are also active in reinsurance.

Reinsurance also has a ‘jargon’ of its own such as retrocession, cedant,

ceding office. (See Glossary for explanation of these terms). Reinsurance

is an international business and risks shared in many parts of the world
by co-reinsurers are spread over several reinsurance companies.

Insurance operates because it shares the losses of the few by the many by
transferring risk. How does reinsurance fit into this broad concept?
4.4 The role of ancillary players in the insurance market.
We have looked at the insurance market and the various roles
of the parties involved in the
industry -the buying public,
intermediaries, insurers and
reinsurers. There are also other
businesses working in the
industry, not directly involved
with the supply of the product
but providing services and
support to the industry. We shall
consider the principal ones.


Actuary
Actuaries use mathematical and statistical techniques to solve business
problems by predicting future events. They have been used in life
assurance for many years but are more and more being used in general
branch insurance.
Companies may employ actuaries or use the services of an external
actuarial consultancy company.

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Principles and Practices of Insurance


Loss Adjusters
Loss adjusters are employed by insurers to handle and process claims
on their behalf.
Some companies employ loss adjusters to

handle the majority of their work and others
prefertohandleallclaimsinternally.However,
even these companies will need the services
of a loss adjuster at some stage either for a
particularly large claim that requires detailed
investigation and negotiation or when there
are a large volume of claims to be dealt with.

A loss adjuster specialises in insurance claims. He will investigate the cause
of the loss, check that policy conditions have not been breached, negotiate

with the insured and make a final recommendation, which should be fair

and reasonable to both the insured and insurers, for settlement.

Loss adjusters hold themselves to be independent but insurers who
appoint them pay their fees.


Loss Assessors
Loss assessors are appointed by the insured to prepare, present and
negotiate a claim on their behalf.
It is the duty of the loss assessor to negotiate the maximum entitled
settlement under the terms and conditions of the policy and to provide
support to the claimant during the processing of a claim. He is paid by the

insured usually based on an agreed percentage of the final settlement.

As far as it is known, there are no loss assessors operating in the Kingdom
although the service of assisting in the preparation, presentation and
negotiation of a claim may be offered by some intermediaries.

Risk Management:
Industry and commerce employ risk managers although insurance
brokers may offer a risk management service on a fee basis. There are
three steps in risk management, first risk identification followed by a
risk analysis and finally risk control.
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Principles and Practices of Insurance


The first stage is to identify the risks that a business enterprise is exposed.
This could be physical, financial or monetary. Having identified the risk,

it will be analysed possibly using past data, examining the frequency and

severity profiles, and trying to predict the future outcome. Finally, the

risk manager will try to control the risk preferably by eliminating it (e.g.
changing work practices) reducing it (locks and bolts to prevent theft)
or by transferring it (insurance).

Risk management and insurance are closely linked but insurance is only
one option available to a risk manager when deciding on risk control.

Insurers employ loss adjusters to investigate claims and loss assessors
by policyholders to prepare and present a claim on their behalf. They
operate in only area i.e. they are either a loss adjuster or loss assessor. It
would be unusual for one business or person to work in the area of the
other. Why do you think this is so?
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Principles and Practices of Insurance


Progress Check
Directions: Choose the best answer to each question.

1. The company owned by its shareholders is a
a. proprietary company
b. mutual company
c. reinsurance company
d. captive company
2. The company who insures insurers is a
a. proprietary company
b. mutual company
c. reinsurance company
d. captive company
3. The company that distributes its surplus profits to its policyholders is
known as a
a. proprietary company
b. mutual company
c. reinsurance company
d. captive company
4. The company that does not provide insurance to the general public is
called a
a. proprietary company
b. mutual company
c. reinsurance company
d. captive company
5. What is the difference between a specialist company and a composite
company?
a. Specialist deal with one type of insurance while composite in many
b. Composite deal with one type of insurance while specialist with one
type
c. Specialist cannot be mutual
d. Composite cannot be captive
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Principles and Practices of Insurance

6. What is the difference between a broker and an agent?
a. Broker deal with one insurance company while agent with many
b. Broker deal with many policyholders while agent with one
c. Broker deal with many insurance companies while agent with one
d. Broker deal with one policyholder while agent with many
7. Insurance may only be placed at Lloyd’s through a Lloyd’s
a. Agent
b. Underwriter
c. Loss adjustor
d. Broker
8. An insurer doing only direct business will claim to have lower costs
because;
a. They pay no commission
b. They do not advertise
c. They pay lower salaries
d. They take less reserves
9. A loss adjustor:
a. Assesses the financial impact of future uncertain events
b. Investigates claims on behalf of insurers
c. Prepares and presents a claim on behalf of an insured
d. Advises a manufacturer on safety and loss control
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