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Unit 6: Insurance Regulation
& Legal Framework
General principles of Insurance contracts are same as essential elements of contract that you have studied in business law and specific principles are those covered under chap 4 Consumer Protection Act 1986 The Insurance Contract Act 1938 – Salient Features It was the first comprehensive legislation governing both life and non- life companies providing strict control over insurance business. The salient features of this Act were as follows: • Constituting a Department of Insurance to supervise and control insurance business. • Compulsory registration of insurance companies & submission of annual financial returns. • Provision for initial deposits to allow only serious players in the field. • Compulsory investment of life fund to the extent of 55% in Government approved securities. • Prohibiting rebating, restriction on payment of commission and licensing of agents were other important provisions to bring in a sort of professionalism in to this business. • Periodical Valuation was made compulsory to assess financial viability of the insurance companies. • Provision was made for policyholder’s director in the Board. • Policy formats were standardised and premium tables were to be certified by an Actuary. THE LIFE INSURANCE CORPORATION ACT, 1956 (LIC ACT 1956) • An Act to provide for the nationalisation of life insurance business in India by transferring all such business to a Corporation established for the purpose and to provide for the regulation and control of the business of the Corporation and for matters connected therewith or incidental thereto. Main Objective of LIC Act - Spread Life Insurance widely and in particular to the rural areas and to the socially and economically backward classes with a view to reaching all insurable persons in the country and providing them adequate financial cover against death at a reasonable cost. THE GENERAL INSURANCE BUSINESS (NATIONALISATION) ACT, 1972 (GIC ACT 1972) • An Act to provide for the acquisition and transfer of shares of Indian insurance companies and undertakings of other existing insurers in order to serve better the needs of the economy by securing the development of general insurance business in the best interests of the community and to ensure that the operation of the economic system does not result in the concentration of wealth to the common detriment, for the regulation and control of such business and for matters connected therewith or incidental thereto. Main Objective of GIC Act - is to provide reinsurance services and support to the Indian insurance industry. It aims to maintain the stability and growth of the insurance sector by offering risk transfer solutions and ensuring the availability of reinsurance capacity for various risks.