Unit 9
Unit 9
9.1 INTRODUCTION
A few casual glances at news papers or television news over period of time, may
reveal the outbreak of fires and the resultant losses of lives and damage to property,
particularly in urban areas. Fire could lead to losses of assets (e.g., buildings, machinery,
equipment, goods etc.). Losses of significant magnitude may have a crippling financial
impact, either permanently or until normalcy is restored. In the absence of appropriate
Fire Insurance policies, losses are regrettably borne by the owners themselves (resulting
in capital erosion) or lead to bad debts for the lending banks. In the daily hustle and
bustle of business, due attention may not be given to the possibility of such events.
Hence, it is said that insurance is sold, not bought, as the customer needs to be educated
and counselled. Insurers also study incidents of fire to fine-tune their products, pricing
and processes on an ongoing basis.
Fire Insurance policies generally cover a more limited set of perils, as compared to
Property Insurance. This clarifies the conceptual difference between Fire Insurance
and Property Insurance.
In India, the scope of Fire Insurance can be enhanced to include Industrial All Risk
(IAR) Package Policy. As packaged policies become wider in coverage, the distinction
between Fire and Property Insurance gets increasingly blurred.
Activity 9.1
(i) Examine your own household and neighbouring area and identify properties that
could come under insurance cover
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Between Fire Insurance and other types of insurance, there are several commonalities
and a few distinctive features. The distinctive features of Fire Insurance are stated
below.
Consequential losses are covered for loss of profit during the closure of a
business due to fire. The consequential losses policy is offered only in
addition to a fire policy (material damage) and not sold on a stand-alone
basis. Hence, such insurance against ‘loss of profit’ are not a violation of the
Principal of Indemnity.
Utmost Good Faith The contract of insurance between the two parties insured
(Uberrima Fides) (customer) and insurer is governed by the spirit of utmost
good faith. The insured (customer) must disclose
information and subsequent material alterations truthfully,
without any intention to deceive the insurer, to enable the
insurer to fairly assess risks, policy value and claim
amount. (e.g. nature of business, type of goods stored,
value of assets and goods etc.). Where the insurer or his
nominee surveys the premises, onus of ascertainment of
information is on the insurer. It is also the duty of the
insured to act prudently, by safeguarding at all times and
mitigating or minimizing the insured assets against risk.
This results in the insured not taking undue advantage
through negligence in respect of assets insured, and not
exposing it to risks that are under his control (e.g. safe
distance between goods and sources of heat). Failure on
the part of the insured gives the insurer the right to void
the contract.
Give examples of how a potential customer with wrong intentions could misuse fire
insurance, involving violation/s of the basic principles.
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9.4.1 Perils Covered: The list shows that the Standard Fire and Special Perils
(SFSP) Policy covers several perils in additions to Fire. Impact Damage (like Aircraft
Damage) refers to damage caused by impact with any train, bus, vehicle or animal.
Leakage from Automated Sprinklers are also covered. Bush-fires refer to shrubs and
grassy areas adjoining the insured premises that cause fires to spread. Bush-fires are
viewed as distinct and different from Forest Fires, being smaller and less impactful.
Illustration 1
If the Sum Insured is Rs.1,00,000 and value of a property is Rs.1,50,000 and the
claim loss is Rs.90,000. This is a case of under-insurance, since the value of the property
is Rs.1,50,000 as against the Sum Insured of Rs.1,00,000. The entire claim of
Rs.90,000 will be adjusted in the proportion of Rs.1,00,000/Rs.1,50,000, i.e. 67%.
Now, 67% of Rs.90,000 = Rs.60,000. Hence, Rs.60,000 will be the amount of claim
admitted for release of payment.
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General Insurance Where a number of assets are insured, with sub-limits, claim losses will be
adjusted by using the Average Clause in respect of each class of assets
separately, using the formula:
Illustration 2
Asset A, Sum Insured Rs.1,00,000, property value Rs.1,50,000, claim loss Rs.90,000
Asset B, Sum Insured Rs.2,00,000, property value Rs.2,00,000, claim loss Rs.80,000
In the case of Asset A, the Average Clause applies, and the amount of claim admitted
will be Rs.60,000 i.e., 1,00,000/1,50,000 x 90,000 = 60,000. In the case of Asset
B, there is no under-insurance and the full claim of Rs.80,000/- can be admitted. In
case of Asset C, there is over-insurance, where there is no extra benefit, as the claim
loss will be limited to the property value of Rs. 2,50,000. Moreover, it is to be noted
that the over-insurance in case of Asset C cannot be adjusted against the under-insurance
of Asset A. Hence, each asset category is viewed as a distinct cluster.
Spontaneous Combustion (by Fire only) Rating (rate per Rs.1000 Sum Insured)
based on Low/Medium/Variable/High
Forest Fire – loss directly by burning Rates are based on 5-years claims
experience
Consequential Loss Policies are offered only as an add-on to the Fire Policy.
Consequential Losses arise due to loss of profit on account of the business interruption
caused by fire. The coverage period could be for 3 months to 3 years. The Turnover
(total sales or revenue) of a full Financial Year preceding the date of damage are
considered. If Turnover is Rs.20 lakhs and Variable Costs Rs.15 lakhs, the difference
= Rs.5 lakhs is called Gross Profit; the
Gross Profit Margin is 5/20 x 100 = 25% of Turnover. The turnover of the 12-
month period immediately preceding the loss event is considered, and compared with
the Turnover of the corresponding post-loss period, to determine the Turnover lost.
When multiplied by the Gross Profit Percentage, the resultant amount is the insurable
‘loss of Gross Profit’. Also insurable are Standing Costs (such as overheads) and
Increase in Cost of Working (ICW) incurred during post-damage situation. Other
payments coverable are statutory payments to workers under labour laws and auditors’
fees. Specific mention needs to be made of coverage and extensions, in the policy
document, with definitions of terminologies.
There are Specialized Policies for Petrochemicals, a high-risk activity. For Industry,
there are Packaged Policies such as the Industrial All Risk (IAR) and Commercial
Package Policy (CPP). In IAR, the perils covered are: Fire, Burglary, Machinery
Breakdown, Boiler Explosion, Electronic Equipment Insurance and Fire Loss of Profit.
Such wider packaging diminishes the distinction between Fire Insurance and Property
Insurance. Notably, cargo, if covered under some door-to-door Marine Policies, are
excluded from the Fire Policy, demonstrating the possibility of overlaps with widening
Fire Insurance covers.
Activity 9.3
Identify the features of any fire insurance policy and note it down in your own words.
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Proposals are evaluated by the Underwriting department, which evaluates the risks
brought in by each proposal and, if found acceptable, lays down conditions and prices
the policies. This is followed by the issuance of the policy. Unlike life insurance policies
that are long term from age of entry until attainment of age 60, Fire Insurance policies,
like all non-life policies are generally for periods up to one year. In case claims do not
arise before expiry of the policy, nothing further needs to be done. In case a claim
arises, the same is evaluated by the claims department. A surveyor’s report evaluates
the genuineness and magnitude of the losses and the claims department makes the
requisite payment. The final step is renewal, upon expiry of a policy.
Proposal
Underwriting
Policy Issuance
Claims
Renewal
The technical aspects of each step in the cycle are explained in detail in the following
paragraphs.
9.5.1 Proposal
The sales team, having explained the importance and need for Fire Insurance to the
customer, gets the Proposal Form filled in. The Proposal Form is designed so as to
garner full and correct information to the extent possible. A properly designed and
filled-in Proposal Form enables the Underwriting department to correctly process the
proposal for consideration and issue of the Policy Document. The Principles of Insurable
Interest and Utmost Good Faith (Uberrima Fides) apply. On the part of the customer,
disclosures are to be made in good faith; on the part of the insurer, the customer is
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General Insurance enabled to take an informed decision. The filled in Proposal Form is accompanied by
the first premium payment.
Point Explanation
Pre-condition The insurance cover does not commence unless the proposal is
accepted and premium paid.
Coverage Whether STFI, RSMTD and additional cover are required, any
add-on covers required, whether plinth is to be covered
All entities in financial services, including insurance, are required to gather Know Your
Customer (KYC) related information compliant under the Prevention of Money
Laundering Act (PMLA), 2002. Such data include the Proof of Identity, Proof of
Address and Income Tax Permanent Account Number (PAN). This may also be
incorporated into the details of Proposer.
Activity 9.4
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9.5.2 Underwriting
The Proposal Form is examined in detail and information gaps are filled in by making
queries or cross-verification. The Principle of Utmost Good Faith is tested here for
adherence. The idea is to examine the perils, hazards and risks associated with the
new proposal. Besides, the overall portfolio is also examined, from a risk management
perspective (e.g. a single insurance company cannot have too many textile companies
at a single location as a major part of its customer portfolio – a single event could wipe
out the insurer’s capital). Insurance works on the Law of Large Numbers, a statistical
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probability concept that: the larger the pool of insureds, fewer the proportion of claim Property Insurance
losses to the total premium, in a given year. Also, conditions laid down by the reinsurer,
if any, need to be taken into consideration. If the risks associated with a particular
proposal are relatively higher than the standard or norm, the premium rates could be
enhanced, or exclusions may be specified. Relatively safer proposals may be given a
concession in the premium rates (Claims Experience Discount = CED and Fire
Extinguishing Appliances = FEA Discount). Premium Rates are generally quoted per
Rs.1,000 of Sum Insured. Thus, Sum Insured (Rs) x Rate (per Rs.1000) = Premium
(Rs.)
For example, if the Sum Insured is Rs.5,00,000 and Rate is Rs.5 per Rs.1000 (5/
1000) of Sum Insured, the Premium will be (Rs) 5,00,000 x 5/1000 = Rs.2,500.
The Principle of Indemnity applies here for compensation of loss, and not result in a
gain for the insured. Terms and conditions incorporate the Principle of Indemnity and
the Corollaries: Subrogation and Contribution. Subrogation means that the insurer, in
consideration for the compensation, acquires all rights against third parties relevant to
the policy, that vested in the insured. Contribution means that in the event the same loss
is covered under multiple policies, the total compensation to the insured shall not exceed
the loss, and the compensation is proportionately borne by all insurers. The Principle
of Proximate Cause is also embedded into the terms and conditions.
Fire Load- refers to the enhanced possibility for various classes of occupancy, viz.
Residential (Low), Retail Shops, Offices and Factory Buildings (Medium) and Bulk
Storage Godowns and Warehouses (High).
Fire Prevention- measures contribute towards loss reduction and hence an important
aspect of underwriting. Fire Prevention measures include: Fire Extinguishment Systems,
Good/Bad Housekeeping practices, Storage Systems, Staff Loyalty, Staff Discipline
and Combustible Litter.
Under Facultative, the insurer adopts a pick and choose approach while using the
reinsurance limit. Whereas in Treaty, a pre-determined ratio of all proposals covered
under the treaty are shared.
Point Explanation
Main Note Policy No., Period, Property Covered, Perils Covered, Sum
Insured, Premium Paid
Point Explanation
Identification Name and Address of Insured and Insurer, Policy No., Cover
Details Note No., Policy Period, Co-Insurer/s, if any
Occupancy-wise Risk Code, Rate for Buildings & Contents, Claims Experience
Net Rate Data Discount (CED), Fire Extinguishing Appliances (FEA) Discount,
Net Rate
Activity 9.5
Make visits to a dwelling unit and a business organization and list down the various
risks, from an insurer’s viewpoint.
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9.5.4 Claims
Claims are at first intimated by the insured, and recorded by the insurer. A surveyor
shall, after confirming that the policy is in force, make an assessment of adherence or
otherwise of the policy conditions, and evaluate the losses and specify the net claim 221
General Insurance amount. The Principle of Proximate Cause, of all stated principles, is the most applicable
at this stage. On receipt of survey reports, the recommended claim amount is released.
In case of large and complex cases, an ‘on-account’ payment is released, to enable the
insurer to bear urgent repair expenses, and adjusted against final claim and disclosed in
the financial accounts. Provisions are also made in the accounts for known losses but
not intimated (Incurred But Not Reported – IBNR).
The Legal and Procedural aspects of Claims are detailed in the paragraphs below.
The Legal Aspects of Claims are: the insured acts in Utmost Good Faith and makes
all effort at mitigating losses; the insurer on his part also agrees to abide by the same
principle while indemnifying the insured against covered perils, in the spirit of the contract
of insurance. The insured shall, upon intimating the insurance company, cooperate
with the fire-fighting agencies and submit all proofs of losses supporting the claim and
make true declarations. The insurer, on his part, on receipt of the Claim Form will
verify the Proximate Cause and indemnify the insured, taking into consideration the
Market Value, Depreciation or Reinstatement Values, as the case may be and make
deductions (excess) as applicable. The insurer has the right to enter the premises, and
ascertain the adherence to warranties or conditions specified in the policy. In case of
under-insurance, the pro-rata average condition applies, as explained in illustration
2 above. Procedures laid down by the Insurance Regulatory and Development Authority
of India (IRDAI) and the Institute of Insurance Surveyors and Loss Assessors (IISLA)
provide the framework for actions.
Ex-gratia payments (i.e. compensation amounts not included in the policy) may be
made without legal liability or obligation. Such Ex-gratia payment is made ‘without
prejudice’ to or without admission of liability of the insurer, has the effect of waiving off
the Principle of Subrogation. The Ex-gratia payment is made after consulting the co-
insurers and reinsurers, as may be the case.
Surveyor submits final report with loss assessment (within 30 days, maximum)
Early and thorough examination is best suited for determining cause of fire
9.5.5 Renewal
The nature of Fire Insurance (like all general insurance products) is short-term, extending
up to one year, renewable based on mutual consent and based on approval by the
underwriting department. Each renewal is a separate contract of insurance. From the
insurers’ viewpoint, the renewal and its terms are based on the claim history, new risks
perceived, and appropriate pricing. The Principal of Utmost Good Faith is once again
reinforced at this stage.
Activity 9.6
(i) Examine a Claim Form and note down the salient features
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(ii) Speak to a representative of an insurance company and also to a claimant, and
note down their experiences
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9.6 SUMMARY
In this unit we have discussed how in common parlance, Fire Insurance and Property
Insurance are used interchangeably. The distinctive features of fire insurance are also
covered. In specific terms, Property Insurance is the wider term and includes Fire
Insurance plus Engineering Insurance. However, due to ever-widening coverage of 223
General Insurance Package Policies, the distinction between Fire Insurance and Property Insurance is
increasingly getting blurred.
This unit covers all the established and time-honoured principles of insurance that apply
to Fire Insurance. Fire safety measures by the insured, average clause, architect’s fee,
debris removal, large risks and consequential loss coverage are features unique to Fire
insurance and ingrained into the basic principles, are also dealt with. The Standard Fire
and Special Perils Policy states the covers, general exclusions and general conditions.
The general exclusions that can be considered under add-on covers at an extra premium
is also discussed. The various aspects related to underwriting, policy issuance, claims
and renewal are also given.
9.7 KEYWORDS
Fire Hazards : can be Originating, Contributing and Construction. Originating
hazards are the source of fire, such as electrical short-circuit.
Contributing hazards are those that magnify the fire, such as
accumulated rags or scrap. Construction hazards result from
construction activity in the near proximity.
3. What are the Perils covered under the Standard Fire and Special Perils (SFSP)
Policy?
4. Describe the General Exclusions under the SFSP Policy and the available Add-on
Covers.
6. Explain in brief: Fire Hazard, Fire Load, Fire Resistance and Fire Prevention.
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7. What are the features of a Risk Inspection Report? Property Insurance
8. What are the Legal Aspects of Claims processing? Discuss the Procedural Aspects
of Claims processing.
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