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Underwriting refers to the process of selecting, classifying, and pricing applicants for insurance.
The underwriter is the person who decides to accept or reject an application.
Introduction
Underwriting can be defined as “assumption of liability”. Underwriting involves the selection of
policyholders after thoroughly evaluating all hazards, establishing prices and then determining
the terms and conditions of the insurance policy.
The term ‘Underwriting’, refers to the formal acceptance of a risk by the insurance company for
a price, which is termed as ‘Premium’. Of the many facets of insurance, underwriting has always
been considered one of the most critical features. During the 1950s, there were specialists who
worked as underwriters and covered almost every type of insurance. The years since then have
seen underwriting emerge as an art in itself.
The importance of underwriting can be well understood by the fact that even though several
activities of an insurance company such as marketing, accounting, claims processing etc. are
sometimes outsourced, underwriting is an area over which the company always retains complete
control.
Once the risk involved is deemed acceptable, underwriting then fixes the rate of premium, and
subsequently, all other terms involved. There are certain guiding objectives and principles that
the underwriter must follow.
‘Underwriting’ in its real sense is being practised after the detariffing last year and the
subsequent removal of control on pricing from 01.01.2008. Each risk shall be assessed on its
own merit. Gone are the days when rates were quoted blindly based on the tariff or the internal
guidelines of the insurer, without actually assessing and evaluating the risk proposed, for fixing
of premium.
Objectives Of Underwriting
The objectives of underwriting are three-fold:
1. Producing a large volume of premium income that is sufficient to maintain and enlarge
the insurance company’s operations and to achieve a better spread of the risk portfolio;
2. Earning a reasonable amount of profit on insurance operations;
3. Maintaining a profitable book of business (by ensuring underwriting profits) – that
contains all the policies that the insurer has in force;
4. More spread – across the profile and geography.
2. There should be proper balance within each rate classification: the underwriter must be
able to group insureds in such a way that the average rate in the group is enough to pay
for all claims and expenses. Units with similar loss- producing features are placed in the
same class and charged the same rate.
The objective is to produce a profitable book of business. The underwriter con- stantly strives to
select certain types of applicants and to reject others so as to obtain a profitable portfolio of
business.
3. Charging equitable rates: the rates that apply to one group should not be charged to
another group as well. For example, in the case of Health insurance, charging the same
premium rate for people in the age group of 20-25 years and those in the age group of 50-
55 years will result in the younger lot subsidizing the older people.
This means that equitable rates should be charged, and that each group of policy- holders should
pay its own way in terms of losses and expenses. Stated differently, one group of policyhold- ers
should not unduly subsidize another group. For example, a group of 20-year-old persons and a
group of 80-year-old persons should not pay the same pre- mium rate for individual life
insurance. If identical rates were charged to both groups, younger persons would be subsidizing
older persons, which would be inequitable. When the younger persons became aware that they
were being overcharged, they would seek other insurers whose classification systems are more
equitable. The first insurer would then end up with a disproportionate number of older persons,
and the underwriting results would be unprofitable. Thus, because of competition, there must be
rate equity among the policyholders.
4. Each portfolio (fire, marine, health, etc.) to be self sustaining without assuming any
cross-subsidy.
The preferred risk classification includes those whose mortality experience, as a group, is ex-
pected to be above average and to whom the in- surer offers a lower-than-standard rate. The most
common preferred class today consists of non- smokers, for whom many insurers offer a
preferred risk rate.
Substandard risks are persons who, because of a physical condition, occupation, or other factors,
cannot be expected, on average, to live as long as people who are not subject to these hazards.
Sub- standard applicants are insurable but not at stan- dard rates. Policies issued to substandard
applicants are referred to as rated policies (or extra risk poli- cies) and require a higher-than-
standard premium rate to cover the extra risk when, for example, the insured has impaired health
or a hazardous occupation. Usually, substandard risks will pay a percent- age surcharge, a flat
additional premium, or in some cases, they will receive a policy subject to restric- tions not
included in the policies for standard risks. Most life insurers use a numerical rating system un-
der which a point value is assigned for each type of physical disability or negative influence. The
total of all points represents the expected mortality in- crease over that which is expected for
standard or normal risks. The surcharge may apply only for a pe- riod of time and then disappear,
or it may continue throughout the policy. In some situations, the poli- cies issued to substandard
risks may limit the death benefit during the first few years to the premiums paid.
Finally, some applicants are uninsurable. The ap- plicants may be uninsurable because of high
phys- ical or moral hazard, or if they suffer from a rare disease or have a situation unique for
which the insurer does not have the experience to derive a proper premium.
Material Facts We looked at a definition of these above. An alternative description for the term
could be “facts which must be disclosed” (by law, and in order to enable the underwriter to make
a professional assessment of the risk).
These include facts which: (what exactly should be disclosed)
1. render a risk greater than would otherwise be supposed, e.g. highly flammable materials
stored on the insured premises (fire insurance), when the insured’s business would not
lead a prudent underwriter to assume this;
2. render a potential loss greater than would otherwise be supposed, e.g. stock items of gold
and other precious materials in a general store where a prudent underwriter would not
expect such things (theft insurance);
3. relate to previous losses or claims’ experience;
4. relate to previous adverse insurance experience, e.g. being refused cover or having
special terms applied by another insurer;
5. describe and assist in understanding the nature of the subject matter of the proposed
insurance;
6. may affect the legal rights of the insurer, e.g. special terms of trade which waive all
future subrogation rights.
“Non-material” Facts Obviously, any facts that do not constitute material facts need not be
revealed (e.g. one’s exact age when seeking fire insurance). There are certain facts, however,
which might fall under the definition given in. but which do not have to be revealed, because that
is what the law provides for.
These include facts which: (what exactly should not be disclosed)
1. improve or decrease the risk, e.g. having an automatic sprinkler system (fire insurance);
2. are matters of common knowledge, e.g. Hong Kong is subject to the risk of typhoons
(extra perils insurance);
3. an insurer may be deemed to know, e.g. the normal processes and dangers involved with
various occupations (EC insurance);
4. the proposer cannot reasonably be expected to know, e.g. he is suffering from an
undiscovered brain tumour (medical insurance);
5. were open to discovery but were not discovered in a risk survey carried out by or on
behalf of the insurer, e.g. with public liability insurance;
6. should have been the subject of further enquiry by the insurer, e.g. some questions on a
proposal form have been left blank or answered in uncertain terms.
Note:
1. It is the proposer’s legal responsibility to reveal material facts, but the courts are very reluctant
to allow this to be too strong a weapon for insurers. Judges will want very good evidence that
information is indeed material, if there is no specific question from the insurer concerning it.
Also, they will expect the most scrupulous care to be given to any information supplied, so that
any suggestion that the insurer should have been put on enquiry or should reasonably have been
aware of materiality will very much count against the insurer in any formal dispute.
2. The normal situation is that with any uncertainties it will be the responsibility of the insurer to
prove that a fact was indeed material and that information supplied was inadequate. This is not
an easy responsibility to discharge.
Facts which need not to be disclosed
● Those which lessen the risk
● Of public knowledge
● Of the law
● Those which an insurer is deemed to know
● Those which the proposer does not know
● Those which the insurer has put on inquiry
The Insurer is not expected to:
● Make false statements during negotiations
● Issue policies that are not authorised under the Insurance Act
● Issue ambiguous policies
● Take advantage of the insured’s ignorance by offering inadequate claim settlements and
limited scope of cover.
Remedies for breach of utmost good faith
If the insured is found to be in breach of this principle, the insurer has a right to any of the
following remedies:
● Avoid contract from inception
● Avoid liability for the claim
● Sue for damages
● Waive the above rights and let cover continue (e.g., making an ex-gratia payment)
Insured needs to comply with the principle of Utmost Good faith
● Negotiations/ inception
● Midterm of the insurance contract/period
● During claim and
● During renewal
Duty of Disclosure
pady heakin patis the duty on both farties to an insurance contatis
from the principle of Utmost Good Faith.
a) Duration of the duty of disclosure
The duration of the duty of disclosure in non-life insurance can be required at inception of the
policy, midterm of the policy, at renewal and or as a policy wording requirements; e.g., in Group
Personal Accident where the employer is expected to disclose the names, their monthly earnings,
etc. of employees that are recruited or terminated from the cover to determine either a premium
refund or need to pay additional premiums.
b) Consequences of non-disclosure
Breach of Utmost Good faith or duty of disclosure can arise in two circumstances:
misrepresentation and non-disclosure. If the non-disclosure or misrepresentation is fraudulent
(concealment):
● The policy is voidable.
● The insurer can keep the premium and due for damages.
● The insurer can ignore the breach of good faith, in which case the policy continues and
the insurer would have to pay the claims.
The underwriter obtains this information from a wide variety of sources. The most important
sources are:
● The agent’s report: the agent does an evaluation of the prospective insured. The agent
must have first hand knowledge about the applicant’s operations and reputation. It is the
agent’s responsibility to screen the applicant initially according to the company’s
specified requirements.
● government records: these records include information from civil and criminal courts,
property tax records, bankruptcy filings etc. These may be referred to if required.
● Pre-insurance inspection report: for property insurance, this consists of a physical
assessment of the building or plant to be insured.
● Claim files: these are helpful when renewing an existing policy. The underwriter can gain
an insight into the policyholder’s character by reviewing the claim files or through
investigation.
● Reinsurers – in the case of large risks
● Others sources of information are: meeting with clients, Call centers supplementary
Questionaire. Quotations. Intenert.
Proposal Forms
A proposal form may not be necessary where the insurer provides a quotation on the assumption
that the quotation was done on the basis of available sufficient information. However, if a
quotation is provided without a proposal form, it will normally be subject to the proposer
completing one.
Section of proposal form
1. General questions e.g. proposer’s name, address, occupation , period of insurance etc. or
2. Specific questions e.g. proposer’s age, description of the subject matter to be insured,
business details, past insurance history, sum insured or limit of liability etc.
3. Statement of declaration; the insured declares that the provided information are true with
utmost good faith.
The proposal form should be read together with the insurance policy or contract.
Quotation
A quotation specifies the price/premium, features or benefits, terms and conditions of the
potential cover without being actually committed to the contract and accepting the terms and
conditions.
JK is buying a car and needs motor insurance. He calls AIG for a quotation. Pauline the
underwriter asks a number of questions about JK and the car to be able to decide whether to
insure JK and if so at what price and on what terms. What questions would you ask if you were
Pauline?
First, the underwriter can accept the application and recommend that the policy be issued.
The third decision is to reject the application. However, excessive and unjustified rejection of
applications reduces the insurer’s revenues and alienates the agents who solicited the business. If
an applica- tion is rejected, the rejection should be based on a clear failure to meet the insurer’s
underwriting standards. Computerized underwriting is widely used for certain personal lines of
insurance that can be standardized, such as auto and homeowners insurance. As a result,
underwriting decisions can be expedited.
When a claim is made or after a premium audit has been carried out, the underwriter can contact
the reinsurance personnel and secure first-hand knowledge of the insured. This will help in
uncovering any additional hazards, that will in turn help the underwriter to re-evaluate the
account and decide on its continued acceptability.
The underwriter must also monitor the entire book of business and use premium and loss
statistics to determine what causes the problems that make a business deteriorate. This will also
help in finding out whether the underwriting policy is being complied with.
Along with adverse selection there are certain types of hazards that an underwriter must watch
out for. These are -
● Physical hazards
● Moral hazards, and
● Morale hazards.
Physical hazards
These are hazards that affect the physical characteristics of whatever is being insured. For
example a building made of wood represents a higher level of physical hazard than one made of
brick. An untrained driver, faulty fire- safety equipment are both examples of a physical hazard.
Moral hazards
These hazards refer to the defects that exist in a person's character that may increase the
frequency or the severity of loss. Such a character may tend to increase the loss for the company.
Morale hazards
The fundamental postulate of insurance is that the insured should always conduct himself as if he
is uninsured. However, if there is a situation of a wilful carelessness on the part of the
policyholder because of the existence of insurance, then it is a case of Morale hazard.
Underwriting Authority
Underwriting authority refers to the degree of autonomy granted to individual underwriters or
groups of underwriters. This authority will differ by position and experience. Different insurance
organisations have varying degrees of decentralisation. In India, the underwriting authority vests
with the insurance company. Post opening up of the insurance sector, some private insurers are
decentralizing certain classes of business like travel insurance, where an insurance intermediary
is allowed to issue (better to put it as ‘generate’) the policy.
Specially lines like aviation and livestock mortality have retained centralised underwriting
authority, while some other insurers are delegating a considerable part of their authority to
selected brokers. Insurers who follow the decentralization system state that it eliminates
duplication and makes the most of the producers’ familiarity with local conditions. In return,
brokers receive a higher commission rate and a larger share in the profits.
The degree of decentralization permissible depends upon several factors like the line of business
involved, the experience and the track record of the producers. There may be insurers who allow
their brokers to issue personal lines policies and bill the policyholders. This is certainly a
significant amount of underwriting authority. Some other insurers may permit a high degree of
authority but restrict policy issuance only to the company, so that control over the brokers’
activities is maintained.
There are also lines of business where the producer may have no underwriting authority at all.
These usually include very hazardous or specialised classes of business.
Underwriting Activities
Underwriting activities can be divided into two types –
● Line underwriting – Where daily underwriting tasks are carried out; the underwriters are
usually located in regional offices of the insurer.
● staff underwriting – Where the underwriter helps the management in formulating and
implementing underwriting policy. They are usually located at the Head Office.
Applying the provisions given in the underwriting policy involves communicating whatever
decision has been taken, to the agent. Data about the policyholder including the class, location,
risks involved and coverages must be coded, so that the information can be used later.
Underwriting guides
Underwriting guides outline the ways to realise the objectives stated in the policy. (basically
‘do’s and ‘dont’s) They contain the standards for acceptability and summarise the underwriting
authority requirements. The chief purposes of an underwriting guide are as follows:
● Supplying a basic framework for formulating underwriting decisions: underwriting
guides identify the principal factors that should be weighed when a particular type of
insurance is written.
● The underwriting guide is a means of making sure that the selection process is uniform
and consistent. Submissions that are identical in all respects must be treated in the same
way. The guides are also a means of informing individual underwriters of a suitable
approach to evaluate policyholders.
● Underwriting guides help to unite the insights of experienced underwriters, which will
help those less familiar with a particular line of business. The guides contain significant
observations that have been gathered on the basis of the insurer’s past experiences.
● The guides enable routine decisions to be handled at lower levels of authority and allow
the experienced underwriters to concentrate on the more difficult cases.