Unit 3: Insurance industry and regulation in India
Risk Management in Insurance Business notes · PTU syllabus (MCOPBI422-18)
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Unit summary
India's insurance industry has moved from nationalisation to competition under IRDAI. This unit covers the purpose, need and principles of insurance, kinds of insurance, its costs and benefits to society, the evolution of the Indian insurance industry, the Malhotra Committee Report, the legislative framework — Insurance Act 1938, LIC Act 1956 — privatisation, IRDA and government policy.
After this unit you can
- Explain the purpose, need, principles and kinds of insurance
- Explain the costs and benefits of insurance to society
- Trace the evolution of India's insurance industry and the Malhotra Committee
- Explain the legislative framework, privatisation, IRDA and government policy
PTU syllabus topics
- Purpose
- need and principles of insurance
- kinds of insurance
- costs and benefits
- evolution of India's insurance industry
- Malhotra Committee Report
- legislative framework — Insurance Act 1938
- LIC Act 1956
- privatization
- IRDA
- government policy
- 1Insurance Act 1938
- 2LIC nationalised (1956)
- 3GIC formed (1972)
- 4Malhotra Committee (1994)
Recommends opening up
- 5IRDA Act (1999)
Private and foreign insurers allowed
Topic 1
Purpose, need and principles of insurance
Insurance is a contract whereby one party (the insurer) undertakes, in return for a premium, to compensate the other (the insured) for loss from a specified event, or to pay a sum on the happening of an event (death, maturity). It works on pooling of risk — the losses of a few are shared by many.
Utmost good faith (uberrimae fidei)
Disclose all material facts
Insurable interest
Financial interest in the subject matter
Indemnity
Restore to the pre-loss position, no profit (not for life insurance)
Contribution
Several insurers share the loss proportionately
Subrogation
Insurer steps into the insured's rights after paying
Proximate cause
Nearest effective cause of loss must be an insured peril
Loss minimisation
Insured must take reasonable steps to reduce loss
Example
A car insured for ₹6 lakh is damaged in an accident caused by a truck driver. After paying the claim, the insurer can sue the truck owner — subrogation.
Topic 2
Kinds of insurance
- Micro insurance: low-premium, low-cover products for low-income people — governed by IRDAI micro insurance regulations; distributed by NGOs, SHGs, MFIs; examples — PMJJBY (₹2 lakh life cover, ₹436 a year), PMSBY (₹2 lakh accident cover, ₹20 a year), Ayushman Bharat PM-JAY (₹5 lakh hospital cover per family).
Life insurance
Term, whole life, endowment, money-back, ULIP, pension
Health insurance
Individual, family floater, critical illness, group
General insurance — property
Fire, burglary, home, engineering
General insurance — marine
Cargo, hull, freight
General insurance — motor
Third-party (compulsory), comprehensive
Liability
Public, product, professional indemnity, D&O
Others
Travel, crop (PMFBY), cyber, credit insurance, reinsurance
- Life vs general: life insurance is a contract of assurance (event certain); general insurance is a contract of indemnity.
Topic 3
Costs and benefits of insurance to society
- Benefits: indemnification and stability for families and businesses, less worry, source of long-term investment funds, loss prevention, credit enhancement, employment.
- Costs: cost of doing business (expenses, commissions — loadings), fraudulent and inflated claims, moral hazard (carelessness, over-utilisation in health insurance).
Topic 4
Evolution of the Indian insurance industry
- 1
1818
Oriental Life Insurance Company, Calcutta
- 2
1850
Triton Insurance — first general insurer
- 3
1912
Indian Life Assurance Companies Act
- 4
1938
Insurance Act — comprehensive regulation
- 5
1956
LIC Act — nationalisation of life insurance
- 6
1972
GIBNA — nationalisation of general insurance (GIC + 4 subsidiaries)
- 7
1994
Malhotra Committee report
- 8
1999–2000
IRDA Act; private insurers enter
- 9
2015–2021
FDI 49% then 74%
- 10
2025
Composite reforms, 100% FDI proposed
Topic 5
Malhotra Committee Report (1994)
- Constituted in 1993 under R.N. Malhotra (former RBI Governor) to recommend reforms in insurance.
- Key recommendations: open the sector to private insurers (minimum capital ₹100 crore), allow foreign insurers in joint ventures with Indian partners, reduce government stake in LIC and GIC to 50%, set up an independent regulatory authority, delink GIC subsidiaries, allow insurers to invest more freely within prudential norms, improve customer service, computerisation, promote rural insurance, appoint an actuarial body.
- Outcome: IRDA Act, 1999 and entry of private players from 2000.
Topic 6
Legislative framework
| Law | Key provisions |
|---|---|
| Insurance Act, 1938 | Registration, capital requirements, investments (Section 27), solvency margins, assignment (Section 38), nomination (Section 39), Section 45 (no repudiation after 3 years), Section 64VB (no risk before premium), licensing of intermediaries, penalties |
| LIC Act, 1956 | Formation of LIC, its functions, management, government guarantee on policies, investment of funds |
| GIBNA Act, 1972 | Nationalisation of general insurance |
| IRDA Act, 1999 | IRDA as the regulator; amendments to the Insurance Act |
| Insurance Laws (Amendment) Act, 2015 | FDI 49%, IRDAI powers, penalties, agents' regulation by IRDAI |
Topic 7
Privatisation and government policy
Rationale for privatisation (Malhotra Committee, 1994)
- Low penetration and poor coverage under public monopoly.
- Need for competition, product innovation and better customer service.
- Mobilise long-term funds for infrastructure.
- Bring technology and global expertise (foreign partners).
- Improve efficiency and claim settlement.
- Outcome: private players, FDI (49% → 74% → 100% proposed), bancassurance, digital distribution, growth in penetration.
Credit and deposit insurance
- Deposit Insurance and Credit Guarantee Corporation (DICGC): a wholly owned subsidiary of RBI (1978 merger of DIC 1962 and CGCI); insures bank deposits up to ₹5 lakh per depositor per bank (raised from ₹1 lakh in 2020); covers commercial, RRB, co-operative and small finance banks; payment within 90 days of a moratorium under the 2021 amendment.
- Credit insurance: protects lenders/sellers against default — ECGC Ltd (export credit insurance), trade credit insurance by general insurers, CGTMSE credit guarantees for MSME loans, Credit Guarantee Fund for Start-ups.
Exam tip
DICGC protects depositors; ECGC protects exporters — a common short-answer pair.
Topic 8
IRDA
- Enacted on the recommendation of the Malhotra Committee (1994); IRDA constituted in April 2000; headquarters Hyderabad.
- Composition (Section 4): Chairperson, not more than five whole-time members and not more than four part-time members, appointed by the Central Government from persons with ability, integrity and standing in life insurance, general insurance, actuarial science, finance, economics, law, accountancy or administration. Term — 5 years (age limits 65 for chairperson, 62 for members).
- Duty (Section 14): regulate, promote and ensure orderly growth of insurance and reinsurance business.
Registration
Grant, renew, suspend, cancel registration of insurers
Policyholder protection
Claim settlement, nomination, surrender value, grievance redressal
Intermediaries
Licensing and code of conduct for agents, brokers, surveyors, TPAs
Financial regulation
Solvency margins, investments, accounts, actuarial reports
Rural and social obligations
Minimum business in rural and social sectors
Inspection and investigation
Call for information, audits, inquiries
Adjudication
Disputes between insurers and intermediaries
Regulation-making
Under Sections 26 and 114A of the Insurance Act
Key terms
- Malhotra Committee
- 1993–94 committee that recommended opening insurance to private players
- Insurance Act, 1938
- Main law regulating insurance business
- Section 45
- No repudiation of a life policy after three years
- Section 64VB
- No risk cover before receipt of premium
- Privatisation
- Opening the sector to private ownership and competition
Quick revision
- Principles: utmost good faith, insurable interest, indemnity, subrogation, contribution, proximate cause.
- Costs vs benefits of insurance to society.
- 1818 → 1938 Act → 1956 LIC → 1972 GIC → 1994 Malhotra → 1999 IRDA.
- Malhotra recommendations: private and foreign entry, regulator, capital ₹100 crore.
- IRDAI powers; FDI 49% → 74% → 100% proposed.
Important exam questions
Practice questions written to the PTU exam pattern for this unit's syllabus: short answers (Section A style) and long answers (Sections B and C style).
Short-answer questions
- Q1.What is the purpose of insurance?
- Q2.State two costs of insurance to society.
- Q3.When was life insurance nationalised?
- Q4.State four recommendations of the Malhotra Committee.
- Q5.What is Section 64VB of the Insurance Act?
- Q6.What are the functions of IRDAI?
Long-answer questions
- Q1.Explain the purpose, need and principles of insurance.
- Q2.Explain the costs and benefits of insurance to society.
- Q3.Trace the evolution of the Indian insurance industry and the Malhotra Committee recommendations.
- Q4.Explain the legislative framework of insurance, privatisation and the role of IRDA.
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