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FINANCIAL SECTOR TALENT ENRICHMENT PROGRAMME INSURANCE & TAKAFUL HANDBOOK

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Page 1: Insurance & Takaful Manual_final_pdf

1

FINANCIAL SECTOR TALENT ENRICHMENT PROGRAMME

INSURANCE & TAKAFUL HANDBOOK

Page 2: Insurance & Takaful Manual_final_pdf

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First Edition April 2010

© 2010 Institut Bank-Bank Malaysia

All rights reserved. No part of this publication may be reproduced or transmitted in any material

form or by any means, including photocopying and recording, or stored in any medium by

electronic means and whether or not transiently or incidentally to some other use of this

publication, without the written permission of the copyright holder. Written permission must

also be obtained before any part of this publication is stored in a retrieval system of any nature.

Application for permission should be addressed to Institut Bank-Bank Malaysia.

Published by

Institut Bank-Bank Malaysia (35880-P)

Wisma IBI, 5 Jalan Semantan

Damansara Heights, 50490 Kuala Lumpur

Tel: 603-20956833 (General Line),

603-20938803 (Qualifications), 603-20958922 (CPD)

Fax: 603-20952322 (General Line), 603-20957822 (CPD)

Website: www.ibbm.org.my E-mail: [email protected]

The development and production cost for

this handbook is subsidized by the

Staff Training Fund

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Foreword

The Financial Sector Talent Enrichment Program is an industry-driven post graduate

initiative of the financial services industry. Deriving from an idea promulgated by the Governor

of Bank Negara Malaysia, Tan Sri Dato‟ Seri Dr Zeti Akhtar Aziz, FSTEP was established in

September 2007 to address the shortage of skilled talents in the financial services sector. The

program aims to produce highly trained young professionals for the financial services industry.

Insurance and Takaful in Malaysia is a fast-changing and dynamic industry with new

developments taking place all the time. The development the Malaysian domestic economy

would also need to change to a more productive structure that is more innovation-driven and

knowledge intensive. The role of the financial sector therefore will also evolve from being an

enabler of growth to becoming an important catalyst and driver of economic growth and

development. This will create increased demand for highly trained and competent workforce to

serve the financial industry. FSTEP therefore was established as part of the overall talent

development initiatives to contribute to the process of building and expanding a sustainable pool

of talent to best serve the present and future needs of the industry.

FSTEP occupies a unique niche within the financial services industry, providing a

training programme to equip participants with the essential knowledge and skills as well as to

nurture them to become well-rounded individuals to support the growth of the industry. Through

active collaboration of industry players, training modules were designed to blend technical

knowledge and personal development insight, which enables participants to optimise their

learning through a mix of classroom training based on case studies, complemented by hands-on

exposure through on-the-job training.

In writing this handbook, the author adopted an approach to comply with the syllabus of

the financial services stream, as outlined by FSTEP. As such, the handbook will serve to

augment the teaching and learning process to bring about maximum impact on the participants of

FSTEP. FSTEP participants should review the handbook material prior to every class to

expedite and maximize their understanding of the subject.

We wish to register our appreciation to IBBM, the author, the reviewer and many others

for the selfless contribution to this handbook and for their unwavering advice in steering the

handbook to successful completion.

FSTEP Management

March 22, 2010

Insurance and Takaful

Author: Mohd Sukri Salleh

Reviewer: Hamidon Abu Bakar

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Table of Content

1 INTRODUCTION TO INSURANCE

1.1. Introduction To Insurance 7

1.2. What Is Insurance? 7

1.3. How Insurance Works? 7

1.4. Function Of Insurance 9

1.5. Classes Of Insurance 11

1.6. Historical Aspects Of Insurance 11

2 INSURANCE INDUSTRY IN MALAYSIA

2.1. The Insurance Market 13

2.2. Other Markets Components 14

2.3. Organization Structure 15

2.4. Centralization Vs. Decentralization 17

2.5. Insurance Related Institutions 17

3 NATURE OF RISK AND RISK MANAGEMENT

3.1. Concept Of Risk 18

3.2. Related Concepts 19

3.3. Basic Categories Of Risk 19

3.4. Method Of Handling Risk 21

3.5. Risk Management 22

3.6. Characteristic Of Insurable Risk 28

4 REGULATION OF LEGAL ASPECTS AND INSURANCE

4.1. Law Of Contract 30

4.2. Essentials Of An Insurance Contract 30

4.3. Defective Contract 32

4.4. The Insurance Act 1996 32

4.5. The Insurance Regulations 1996 37

4.6. The Companies Act 40

4.7. Other Related Acts -Insurance Practice 40

4.8. Other Related Directives 41

5 INSURANCE AND TAKAFUL PRODUCTS

5.1. General Insurance 42

5.2. Life Insurance 73

5.3. Takaful 82

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Table of Content

6 MARKETING OF INSURANCE AND TAKAFUL PRODUCTS

6.1. Principles And Concepts 87

6.2. Marketing Fundamnetal And Distributions System 89

6.3. Types Of Takaful Business 91

6.4. Takaful Vs Conventional 95

7 UNDERWRITING

7.1. Introduction To Underwriting 96

7.2. Characteristic To Physical & Moral Hazards 96

7.3. Basic Principles Of Underwriting The Main Classes Of Insurance 97

7.4. Rating 98

7.5. Premium Payment 100

7.6. CBC Regulation 101

8 CLAIMS

8.1. Overview And Introduction To Claims 102

8.2. Notification of Loss 102

8.3. Settlement Of Claims 103

8.4. Recoveries For Reinsurance, Co Insurer, Subrogation And

Contribution 104

8.5. Repudiation Liability By Insurers 104

8.6. Average Claim 104

8.7. Claim Settlement Agreement 104

8.8. Disputes 106

8.9. Post Settlement Action 106

9 MOTOR INSURANCE CLAIM

9.1. Motor Insurance Claim Procedures 107

9.2. Motor Insurance Claim Products 108

9.3. Documentation 109

10 NON MOTOR CLAIMS

10.1. Public Liability Insurance 111

10.2. Fidelity Guarantee Insurance 114

10.3. Personal Accident Insurance 116

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Table of Content

11 CUSTOMER SERVICE

11.1. Insurance Industry and the Consumer 118

11.2. Self Regulation 118

11.3. Purpose of Regulation 119

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1. INTRODUCTION TO INSURANCE

1.1. Introduction To Insurance

1.2. What Is Insurance?

1.3. How Insurance Works

1.4. Function Of Insurance

1.5. Classes Of Insurance

1.6. Historical Aspects Of Insurance

1.1. INTRODUCTION TO INSURANCE

Being exposed to various kinds of risks in our daily lives and activities, we are actually enduring

Ourselves with the consequences of misfortune which are normally inevitable. This had leaded

us to face with different types and nature of losses.

The common question normally lingering in our mind is:

“What kind of arrangements can be made to overcome or reduce the loss of this unexpected

misfortune?”

Realizing the facts that all forms of loss cannot be made good or be expressed in a pecuniary

term such as the emotional trauma, arising from the death of the loved one, we cannot allow

ourselves to be claimed away without any specific device of compensation which at least could

reduce the impact of financial loss.

One such possible arrangement whereby the financial loss in consequence of an unfortunate

incident such as fire, death, sickness etc can be overcome is through the purchase of „insurance‟.

1.2. WHAT IS INSURANCE

It can be defined as:

“An economic institution based on the principle of mutuality, formed for the purpose of

establishing a common fund, the need for which arises from chance occurrences of nature, whole

probability can be fairly estimated.”

In general, the essential features of insurance are:

It is an economic institution

It is based on the principle of mutuality or co-operation

Basic objective is to accumulate fund to pay claim resulting from the operation of

specific risks

Only certain risk can be insured against and those occurrences can be confidently

estimated with certain degree of accuracy.

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1.3. HOW INSURANCE WORKS?

Insurance is a process through which losses suffered by few is spread to and borne by many. In

modern practice, insurance is a medium through which the financial burden of misfortune is

transferred from the insured to the insurer.

In general, any person who has legal right in financial interest in a property may insure under the

contract of insurance if as a result of loss or damage he will suffer financial loss.

An insurance contract is an agreement or promise that is legally enforceable between two parties.

As an example, the insurer and insured whereby the insurer in return for a consideration

(premium) agrees to undertake for a stated length of time (period of insurance) to indemnify the

insured up to an agreed amount (sum insured) for the value of such defined property (property

insured) if damaged by an insured peril.

A contract of insurance is a contract of indemnity (excluding Life and Personal Accident

Insurance) and the aim of this principle is to put the insured in the same financial position as he

was before the misfortune occurs.

The sum insured must be fixed at a level which will provide an adequate compensation at the

time of loss. The cost of insurance would be normally depending on the scope of cover required

and if additional risk needed, additional premiums need to be paid by the insured.

In summary to describe the mechanism of insurance, is to understand the concept of:-

i. Risks pool

Pooling of risks which is achieved by having losses experienced by the unfortunate few

compensated by the contributions of others. For example, the premium of the many who

are exposed to the same risks

As an illustration for this concept in Figure 1.1 let us assumed for example in house

owner or a term life insurance portfolio, which consists of 1000 houses of identified

value of RM 100 000 each or 1000 life assumed its identified capital sum and a premium

of RM200 is charged for each life assured per year.

FIGURE 1.1.

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The contribution from the 100 house owners or life assured resulting in the creation of an

insurance fund of RM 200000. The insurer uses this amount of money to pay for claims,

expenses of management and other outgoes, such as commission, tax etc. the balance then if any

will constitutes to the insurer‟s profits.

ii. The law of Large Number

Insurance is a device for spreading loss of a few among many can only work when

insurers are able to underwrite a large number of similar risks when insurers are able to

underwrite similar risks, the law of large number operates.

The law of large number states that as the number of loss exposures increases, the

predicted loss tends to approach the actual loss. Although the law of large numbers is a

simple concept, the following requirements need to be fulfilled:-

Large number of similar exposures

Large exposures must be independent

Random or chance occurrence of loss

1.4. FUNCTION OF INSURANCE

The various functions of insurance can be outlined as follows;

Primary Functions

The primary function of insurance is to act as a risk transfer mechanism. Through

insurance, the individuals/business, enterprise/public, authorities/association can transfer

their financial consequences of the risk to the insurers in return for paying a premium

Without insurance, these individuals/business, enterprise/public, authorities/association

will have to cope with the risks. In particular, they will face the uncertainty as to when a

Expenses

& Other

Outgoes

Profits

Claims

House owners/ Premiums

RM 200

RM 200

RM 200

.

.

.

RM 200

RM 200

1000

X

RM200

= RM 200000

Term life

#1

#2

#3

.

.

.

#999

#1000

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peril will occur and if it occurs how much would it cost. Through insurance, they are able

to substitute a known cost for an unknown event involving an unknown cost.

Secondary Function

Releasing funds otherwise tied up in reserves

Through the purchase of insurance, business enterprises and others are able to avoid the

necessity of freezing capital to provide financial protection against losses. The fund

released would be available for investment.

Stimulate business enterprise

The risk transfer mechanism provide by insurance has made possible and has helped to

maintain the present day large scale industrial and commercial organizations. Such

large enterprise could not have started without the transference of many of their risks to

the insurers.

Insurance also stimulates business in other ways:

It facilitates financing of property by banks and other financial institutions

It facilitates overseas trade

Remove fear and worry

Insurance helps to remove fear and worry for losses of individuals and business

executives. The removal of fear and worry of such losses helps to establish confidence

and improve personal efficiency of business executives.

Reduction of losses

Insurers help to reduce both in frequency and severity through their actions and

recommendation in rating, survey, inspection and salvage activities.

Savings

By protecting the individual against unforeseen events, insurance provides a climate in

which savings are encouraged. Life insurance (endowment assurance) is often used as a

means of savings.

Social benefits

Insurance benefits the society indirectly through;

Compensation paid by insurers to insured which reduced the cost of social

services

Workers of a factory destroyed by fire might have to face unemployment had the

factory been uninsured.

Associated Functions

Investment of funds

Insurers accumulated large funds which they hold as custodians and out of which

claims are met. These funds are usually invested (to earn interest/income) in the public

and the private sector.

Invisible exports

Insurance can contribute considerably to a country‟s balance of payments as an

invisible export. For example, whilst Britain is a net exporter of insurance, Malaysia is

a net importer of insurance.

Source of employment

The insurance industry in Malaysia has generated numerous employment opportunities.

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1.5. CLASSES OF INSURANCE

The fundamental principle underlying insurance business is the pooling risk. Therefore, it is

important to broadly classify insurance business into two types commonly termed as:

Life Insurance

General Insurance

Life Insurance

It is defined as a contract which pays an agreed sum of money on the happening of a

contingency (event) or of variety contingencies, dependent on human life.

Normally the cover for life insurance contracts is arranged to provide cover against the

following forms of risks:

Premature death

Continuous stream of income during retirement- old age

Sickness or Disability

General Insurance

General Insurance contracts can be arranged to provide cover against the following form of

risk to insured and third parties for damages arising in respect of;

Motor vehicles

Marine and aviation

Products or goods sold

DIFFRENCES BETWEEN LIFE AND GENERRAL INSURANCE

LIFE INSURANCE GENERAL INSURANCE

Event is certain Event is uncertain

Can only be cancelled by the insured Can be cancelled by either party

Long term contract Term of one year

Not subject to principle of indemnity Subject to the principle of indemnity

1.6. HISTORICAL ASPECTS OF INSURANCE

The earliest beginning of insurance was marine Insurance. Merchants used sea as their source of

trade attempted to minimize their losses which resulted from the perils of the sea by spreading

the losses amongst all who were similarly engaged.

Many ships safely arrived in port in the normal course of events and only few suffered losses.

The many who were successful thus contributed to overcome the suffering of those who were

unsuccessful, such as the misfortune of the unfortunate few was borne by the many through the

payment of premium into a common fund.

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Later on, this had further developed into the existence of specialist group that managed the fund

and providing specific rate which occurred in the different types of marine adventure.

Life Insurance on the other hand came much more in the later date together with other forms of

modern insurance, all of which worked on the principle of spreading the losses of the few over

the fund created by the contribution of many.

The year 1706, marked the emergence of the Amicable Society for a Perpetual Assurance. The

most important development of Life Insurance was the use of mortality Table in conjunction

with compound interest rates practiced by the Equitable Assurance in 1762 through the

application of level premium system.

In Malaysia, however insurance business started through the British trading firms and Agency

Harrison, such as Harrison and Crossfield, Bonstead and Sime Darby during the 18th

and 19th

centuries.

After the independence in 1957, concerted efforts were made to introduce domestic insurance

companies. Later in 1960s, there was growth of a few life companies in the country. However,

many of them had to wind up much earlier due to unsound operation, and inadequate technical

background. With this unhealthy development, through the government‟s intervention, the first

Insurance Act – Insurance Act 1963 was enacted.

The Act later was replaced by the 1996 Insurance Act and becomes the principal legislation

governing the conduct of all insurance business in Malaysia today.

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2. INSURANCE INDUSTRY IN MALAYSIA

2.1. The Insurance Market

2.2. Other Markets Components

2.3. Organization Structure

2.4. Centralization Vs. Decentralization

2.5. Insurance Related Institutions

2.1. THE INSURANCE MARKET

Insurance market refers to the facilities for buying and selling insurance. In a broad sense,

insurance as a generic product would include private insurance, government insurance and

Takaful Business.

MAIN COMPONENTS OF INSURANCE MARKET

Like any other market, the market for private insurance comprises the following main

components:

Buyers

The buyers include individuals, business enterprise, associations, societies and public

enterprises.

Sellers

Private insurers

Takaful Operators

State Insurer – SOCSO

Captive Insurance Companies

A parent company forms a subsidiary company to underwrite certain of its insurable

risks.

Obtain the full benefit of the group‟s risk control technique by paying premiums

based on its own experience, avoid the direct insurer‟s overheads and obtain a lower

overall risk premium level at a lower cost.

Intermediaries

They are the middlemen in the insurance market. They comprises of agents and

brokers.

Agents

An agent is a person who represents an insurance company in the performance of any

functions covered by the terms of agency agreement. Depending on the terms of the

agency agreement, an insurance agent maybe authorized to solicit insurance business,

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collect premiums and issue cover notes on behalf of the insurers. Insurance agents are

remunerated through payment of commission.

Brokers

An insurance broker is an agent who acts on behalf of the insured. His job is to advise

his clients on the most suitable covers at the most economic cost. Brokers are

expected to have in depth knowledge of insurance and therefore are subject to

professional liability. In addition to advising clients and placing business on their

behalf, the broker helps in presenting claims and getting them settled. Brokers are

remunerated through payment of commission by the insurers. Commission rates paid

to brokers are higher than that paid to insurance agents.

2.2. OTHER MARKET COMPONENTS

Service specialist

They provide support services to the insurers and the insured.

Engineers

Engineering firms are generally retained by insurance companies to report on risk or

claims on boilers, pressure vessels, lifts, cranes, etc

Marine and cargo surveyors

They are specialists appointed by insurers to survey ships and cargoes that have been

damaged and to report on the cause and extent of loss.

Loss adjusters

They are independent parties appointed to survey any loss that has occurred. They

investigate the cause and extent of the loss and report their findings and

recommendations to the insurers who would then decide whether the loss is covered

and if so, the amount of compensation required.

Loss assessors

They are generally employed by insured when it is difficult to assess the extent of the

loss. The assessor does not deal with claims. He is a specialist in calculating loss

settlement figures.

Reinsurers

Insurers frequently reinsure or cede all or part of the risks underwritten by them so that

the burden of paying claims, particularly those involving large amounts, will be shared by

the reinsurers. Reinsurance, therefore, is the insurance when insurers purchased to cover

risk, they assumed. An insurer can purchase reinsurance from the following:

A locally incorporated reinsurance company – Malaysian National Reinsurance Bhd

(MNRB)

Local reinsurers who underwrite some reinsurance business together with direct

business

Foreign professional reinsurers.

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2.3. ORGANIZATION STRUCTURE IN THE MALAYSIAN INSURANCE

INDUSTRY

There are various organization formed by the industry players to formulate specific task and code

of conduct of market business. The organizations formed are as follows:

Persatuan Insurans Am Malaysia (PIAM)

The PIAM is an associated of general insurance (in accordance with the Insurance Act

1996) which has been approved by the Minister. Therefore, the membership of PIAM is

compulsory for all general insurers in Malaysia.

The main objectives of PIAM are;

To establish a sound insurance structure in Malaysia

To collect and circulate information and statistics relating to general insurance business

To make rules, regulations, tariffs and by-laws in consultation with The Director

General of Insurance (DGI) for implementation by the members.

PIAM also took initiative to form the Fire Prevention Association Berhad whose main objective

is to undertake research on fire losses and fire loss minimization. PIAM also makes efforts to

minimize losses in other fields like motor accident.

MITBA

MITBA was formed to represent the brokers operating in Malaysia. It acts as a guide for

its members for practicing broking in a professional manner both in conventional and

takaful aspects.. The body also represents its members for co-operation with other bodies,

associations and authorities to serve the interests of its members.

Association of Malaysian Loss Adjuster (AMLA)

AMLA was formed to manage those engaged in the profession of loss adjusting who are

employed in insurance adjusters‟ companies licensed under the Insurance Act 1996. Its

main objective is to advance the study and profession of Loss Adjusters and to promote

the profession by compelling the observance of strict rules of professional conduct

members of the Associations.

Life Insurance Association of Malaysia (LIAM)

The Association represents Life Insurance Companies operating in Malaysia. It serves as

a regulatory organization for trade as well as a centre of interaction of views with its

members. LIAM also associates itself with insurance education and represents the life

assurance companies for discussion with the government on insurance legislation and

related matters.

Other associations;

Actuarial Society of Malaysia

National Association of Malaysia Life Insurance Agents

Fire protection Association of Malaysia Bhd.

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INSURANCE INSTITUTIONS

Motor Insurers Bureau (MIB)

The Road Transportation Act 1987 requires vehicles users to be insured for liability for

personal injuries to other road – users. The intention is to ensure that all injured victims

will get compensation from the negligent drivers. However, the injured party would have

no recovery or little likelihood of recovering in the following circumstances:

Where the negligent driver is not covered by a motor insurance policy

Where the driver and therefore his insurer cannot be traced, as an example in hit and

run cases

When the insurer had gone into liquidation.

Insurance Mediation Bureau(IMB)

The establishment of IMB in Malaysia has been initiated by PIAM. The objective is to

provide an alternative procedure to resolve disputes arising out of policies of personal

insurance. The IMB however does not deal with third party claims. The bureau has the

power to make awards up to RM100 000. Such an award will be binding upon the

members against which it is made. However, it will not be binding on the policyholder

and if rejected, the policyholder‟s legal rights are unaffected. The policyholder may seek

remedy in a court of law if he is dissatisfied with the decision of the IMB.

*currently this is taken by Financial Mediation Bureau (FMB)

Unplaced Motor Pool

The main objectives of the UMP was to render a kind of social service by providing at a

reasonable cost of insurance coverage to certain classes vehicles which the traditional

insurance market is not willing to insure in view of its adverse claims experience.

The Malaysian Insurance Institute (MII)

It is the only full time insurance training institute and its conducts both the basic and

advanced level courses and examination in insurance for those engaged in the insurance

industry.

Some of the objectives of the Institute are:

To provide and maintain a central organization for promotion of efficiency, progress

and general development among persons engaged or employed in the insurance

industry.

To encourage and assist in the study of any subjects relating to any aspect of insurance

business.

To form a library for the purpose of the Institute

To offer money of prizes for essays or research in any subject relating to insurance.

To conduct professional insurance examinations.

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2.4. CENTRALIZATION VS DECENTRALIZATION

When an insurance company organized its department on a functional basis, the function and

decision making tend to be centralized at the head office. When this happen, the branches will

merely act as sales outlets and the headquarters will handled the underwriting, policy drafting,

renewals, claims and accounting works. The advantages of centralization including the

uniformity in practice and economics in administration. The disadvantage of centralization is the

slow service which results from the administration being remote from the customers such as

delay in quotation given to customers.

Decentralization usually results in prompt service rendered to customers. In addition, a

decentralization organization may be in better position to satisfy needs of customers because

„locals‟ tend to understand local condition better. However, the disadvantage of decentralization

is the duplication of resources, particularly when each branch performs all the basic functions.

More importantly, branches may be overloaded with routine work, instead of concentrating on

selling which is the principal function of branches.

2.5. INSURANCE RELATED INSTITUITONS

In the related development, there are also other supporting institutions which function merely to

strengthen and broadened the market business. The institution may include the following;

Reinsurance companies

Mutual Indemnity Association

The government

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3. NATURE OF RISK AND RISK MANAGEMENT

3.1. Concept Of Risk

3.2. Related Concepts

3.3. Basic Categories Of Risk

3.4. Method Of Handling Risk

3.5. Risk Management

3.6. Characteristic Of Insurable Risk

3.1. CONCEPT OF RISK

Risk and uncertainty may lead to severe pecuniary losses and our instinct of self-preservation

and security resulted to insurance. Insured cannot prevent the insured risk from occurring but can

only provide financial compensation should the event occur.

DEFINITION OF RISK

Risk is defined as uncertainty of (financial) loss as a result of unexpected event. Uncertainty

implies doubt about what is going to happen in the future. In the context of financial loss, the

individual or organization would experience uncertainty in the area of:

Whether or not a loss will occur

Whether the loss will take place

How severe it will be if it occurs

How many time it might occur in a year.

LEVEL OF RISK

Frequency of loss – How often will the loss occurs

Severity of loss – How severe wills the loss be once it has occurred? (size of loss)

The relationship between frequency and severity is when there is a high frequency of low

severity incidents and a low frequency of high severity incidents such as in household fire, there

are many small incidence compared to very few cases where the houses are completely

destroyed.

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3.2. RELATED CONCEPTS

Before we consider the other aspects of risk, it is important to distinguish risk from the following

concepts:

Loss

A reduction or disappearance of economic value

Peril

Cause of loss

Hazards

A condition that increases the chance of loss

Physical Hazard

Physical condition that increases the condition of loss

Moral Hazard

A character defect in an individual that increases the chance of loss

Morale Hazard

A character defect in an individual that increases the chance of loss with the

knowledge that insurance exists.

3.3 BASIC CATEGORIES OF RISK

Risk can be defined into two major categories:

Fundamental and Particular Risks

Pure and Speculative Risks

Fundamental risk

Affects the entire economy of large number of persons/ groups within the economy. It affects

either society in general or groups of people, and cannot be controlled even partially by any

one person. Such risk is present in the forces of nature and the economy, since the outcomes

of, say, the weather (flood, typhoon etc) or inflation or mass unemployment is beyond

individual influence.

Particular risks on the other hand, refers to those future outcomes that we can partially

(through not predictably) control; it arises from individual decisions to drive a motor vehicle,

for instance, to own property, or even to cross a road.

Since particular risks are the responsibility of individuals, each person must live with their

consequences of their own actions or choice (responsibility of individuals). Fundamental risks,

on the other hand, are generally regarded as the domain of society and government.

Pure risk exists when there is both possibility of loss or no loss. For example, the owner of

an automobile faces the risk associated with a potential collision loss. If collision occurs,

the owner does not gain, so the owner‟s financial position remains unchanged. Other

examples include risk of damage property resulting from fire and risk of premature death.

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Speculative risks exist when there is possibility of profit, loss or no loss. For instance,

investment in a capital project might be profitable or it might prove to be failure. Other

examples include investment in stock market or real estate, venturing into business and

betting in a horse race.

In addition to the difference outcome, pure risks are normally predictable because it is easier to

apply the Law of large numbers to such risks. This also implies that pure risks can generally be

handled by insurance techniques whilst speculative risks are rarely insured.

3.3.1 TYPES OF PURE RISKS

Certain pure risks are associated with substantial financial losses and they can be categorized

into three major types;

Personal risks

Property risks

Liability risks

Personal Risks

Personal risks are those risks directly affecting an individual. There are four major types of

personal risk;

Risk of premature death

Premature death often gives rise to great financial losses;

Loss of human value

The present value of the family‟s share of the decreased breadwinner‟s earnings

Additional expenses incurred such as medical expenses of last illness, burial costs,

probate costs and death duties

Risk of old age

The major risk associated with old age is the possibility of insufficient income during

retirement. The problem of insufficient income may be aggravated by early retirement

and inflation

Risk of poor health

The risk of poor health is mainly associated with;

Large medical expenses

Loss of earned income

Risk of unemployment

The major risks associated with unemployment are:

Loss of earned income

Depletion of accumulated financial assets

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Property risks

There are three main types of loss associated with the destruction or theft of property

Direct loss

Damage to property by a peril. For example, Mr. A‟s house destroyed by fire. The direct

loss suffered by Mr. A includes for example the loss of value of the house as a result of

fire (peril)

Indirect loss

A loss in consequence of a direct loss such as property damage. For example, loss of

profit as a result of business interruption following damage to the business premises.

When a factory is damaged by fire, the production will have to be stopped. This will

result to loss of profit. Therefore, the indirect loss is the loss of profit or income which in

consequence of the fire loss.

Extra expenses

Extra expenses incurred as a result of the loss. For example, if the owner of the above

factory rents another building to resume business as usual, he needs to incur additional

cost of renting such building. Therefore, the additional cost of getting or renting a

temporary premise at an alternative site is an example of extra expenses.

Liability risks

A court of law may order you to pay substantial damage to the person whom you have

injured.

3.4. METHOD OF HANDLING RISK

Basically there are four methods of handling risks:

Risk avoidance

Loss control

Risk retention

Risk transfer

Risk avoidance

Given a choice, most people would avoid risk. For example;

A manufacturer who is worried about product liability lawsuit arising from one of his

products can avoid it by not manufacturing the product.

An individual who is worried about his health arising from cancer of the lung can avoid

smoking.

Loss control

By reducing the frequency of loss, by the use of fire resistance material in the construction of

building to help prevent fire loss.

Loss control measures handle risk by;

Loss Prevention

By reducing the frequency of loss, by the use of fire resistance in the construction of

building to help prevent fire losses.

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Loss Minimization

By reducing the severity or amount of loss, by installing an automatic fire sprinklers system

may helps to reduce the amount of fire losses when fire occur.

Risk retention

This involves the retaining of risks by an individual or organization. When risks are retained,

losses incurred are borne by the party retaining the risks. Risk retention may be planned or

unplanned. When risk retention is planned, risks are retained deliberately. Unplanned risk

retention involves retaining of risks unknowing.

Risk Transfer

This involves the transferring of risks to an organization or individual. When a risk is

transferred, loss will be paid by the organization or individual to whom the risk is transferred.

There are two ways of transferring risks;

Insurance Contract

Example: A house owner can transfer the loss incurred when his house is destroyed by fire

entering into a fire insurance contract.

Non Insurance Contract

Example: A supermarket can transfer potential liability arising from the sale of defective

product by entering into agreement whereby the manufacturer agrees to compensate the

supermarket from any liability arising from the defecting product.

3.5. RISK MANAGEMENT

Risk management can be defined as a systematic approach to identifying, measuring and

controlling risks that can threaten assets and earnings of oneself, a business or the organization.

It is a general management function that seeks to assess and address the causes and effect of

uncertainty and risk on an organization. The purpose of risk management is to enable an

organization to progress toward its goal and mission in the most direct, efficient and effective

path,

3.5.1. OBEJECTIVE OF RISK MANAGEMENT

The objective of risk management can be looked from two different perspectives;

Before loss

Reduce the impact of loss should it occur

Reduce fear and worry by having contingency plan

Required by law

After loss

Ensure the survival of the organization

Ensure the stability of earnings of the organization

Reduce the impact of losses to organization society

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3.5.2. RISK MANAGEMENT PROCESS

1. IDENTIFYING POTENTIAL LOSSES

2. EVALUATING POTENTIAL LOSSES

3. EXAMINING ALTERNATIVE RISK MANAGEMENT

TECHNIQUES

4. IMPLEMENTING THE RISK MANAGEMENT PROGRAM

5. CONTROLLING/MONITORING THE PROGRAM

Identifying Potential Losses

Identification is the first step of risk management and is known to be the most important

process. Risk identification is the process by which an organization is able to learn of the

areas in which it is exposed to risk. Identification techniques are designed to develop

information on sources of risk, hazards, risk factors, perils, and exposures to loss.

Losses can be classified as those that can result in:

Direct damage

Indirect or consequential loss

Liability

Loss of keys persons

Loss exposures can be identified and determined through one or a combination of the

following means:

Questionnaires

Interviews

Financial statements

Flow charts

Personal inspection/observation

Evaluating Potential Losses

Risk measurement evaluates the likelihood of loss and the value of loss in terms of frequency

(referring to the number of times the loss occurs) and severity (referring to the maximum size

of loss exposures)

For example: A supermarket is an entity that experiences high frequency of losses. Losses that

fall in this category would be shoplifting of small items such as chocolate bars or snacks. We

very seldom hear of supermarket being close down because of that. However, should that

happen, then that would be an example of loss with high severity.

Losses with high severity may not necessarily be a direct damage, such as property loss. An

indirect damage such as liability lawsuit may cause the company to close down permanently.

For example. A car manufacturer producing faulty brakes may cause injuries and death to its

user. The victims may sue the manufacturer for the losses sustained. The amount awarded by

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the courts may be very substantial that the manufacturer may even have to declare the

company as bankrupt

Therefore, in evaluating the potential losses, the following steps should be observed;

Estimating the frequency and severity for each type of loss exposure and ranked it according

to their relative importance. High loss exposures will be given priority.

Estimating relative frequency and severity of each loss exposure as the selection of

appropriate technique will depend on this.

Examining Alternatives Risk Management Techniques

There are two main ways to classify the Risk Management techniques. There are;

Risk control (preventing losses from happening)

Risk Avoidance

Loss Control

Loss prevention

Loss reduction

Separation

Contractual Transfer

Risk Finance

Retention/Assumption

Captive Insurer

Insurance

Risk Control

Risk control efforts help an organization avoid a risk, prevent loss, and lessen the amount of

damage if a loss occurs, or reduce undesirable effects of risk on an organization.

Risk Avoidance

Risk is proactively avoided or abandoned after rational consideration (that a certain loss

exposure is never acquired, or an existing loss exposure is abandoned.

For example: a manufacturer may cease the production of a defective product to avoid a

lawsuit. This is the best way to deal with such loss exposures. However, some risks are

unavoidable. In other words, although risk avoidance may be chosen as an option in

handling certain risks, the exposures of losses cannot be eliminated entirely. Therefore, in

some cases risks avoidance is not practical or feasible.

Loss Control

Designed to reduce both frequency and severity of losses by changing the characteristics

of the exposure so that it is more acceptable to the firm. It can be divided into two

namely;

Loss Prevention

Loss prevention programs seek to reduce the number of losses (frequency) of

losses. This method is selected when the benefits outweigh the cost involved.

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Loss Prevention Reduce Frequency

Examples:

Hazards Loss prevention activity

Flooding Dams, water resource management

Smoking Ban on smoking, except in restricted areas

Drunk driving Prohibition, enforcement of ban, prison sentence

Loss Reduction

Loss reduction is designed to reduce or lower the severity of losses, should it

occur. A sprinkler system is a classic example of loss reduction effort, because fire

is required to active the sprinklers such a system does not reduce the probability of

loss. Instead, a sprinkler system reduces the amount of damage if a fire occurs.

The loss reduction method is used in two circumstances:

Before loss

An example of a loss reduction measure implemented before a loss is the

installation of fire alarm.

After a loss

An example of loss reduction measure implemented after a loss is the salvage

efforts in the restoration of a building burnt down by fire.

Separation

This method involves the dispersal of the firm‟s assets in several locations instead of

confining it to one major area. This measure will reduce the impact of losses should a

major disaster occurs.

For example, an automobile producer has its manufacturing and assembly plant away

from its administrative and corporate office. In the event of a fire, the company will be

able to focus its efforts to a more confined area instead of trying to save everything.

The location of each building must be properly planned so as to minimize losses.

Contractual Transfer

This is a risk transfer mechanism other than insurance. It refers to the various methods

other than insurance by which a pure risk and its potential financial consequences can

be transferred to other party.

Examples:

Incorporation – Where the owner of the company transfer the risks to corporation by

registering the company

Leasing Contract – An agreement where the owner or landlord transfers the risks to the

tenants

Hedging – An agreement to buy or sell a commodity at a certain price to avoid losses

due to price increase or decrease.

Imposed by law

Imposed by

organization

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Hold- harmless Agreements – An agreement between a retailer and a manufacturer

whereby the later agrees to bear losses due to the manufacture of defective products

thus relieving the retailer of any liability.

Some advantages and disadvantages of contractual transfer can be summarized below:

Advantages Disadvantages

o Can transfer potential losses that are

commercially uninsurable

o If the party whom to who the loss is

transferred is unable to pay the loss, the

firm is still responsible

o Often cost less than insurance o Not necessarily cheaper than insurance

if discount are taken into consideration

o Potential loss shifted to a party who is

in a better position to exercise control.

o Ambiguity in contracts drafted may not

hold in court.

Risk Financing

Risk financing measures are methods involving generating funds to pay for these losses.

Retention

In some companies, losses are retained. In other words, the company will bear the

consequences of the loss.

Risk or loss exposures are normally assumed or retained when their impact and consequences

are not too great or in cases when no other methods seem feasible. In an organization, the

ability to assume a risk depends on one‟s financial ability.

Self – Insurance and Captive Insurers

Self insurance implies that the organization sets up a pool of fund to retain its loss exposures.

Adequate financial arrangement has to be made in advance of the occurrence of losses. The

number of loss exposures must be large enough to ensure the mechanism of insurance to be

operative.

One approach to self-insurance involves the use of a captive insurance company. A captive

Insurance company is an entity to write insurance arrangement for its parent company.

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Advantages and disadvantages of setting up captive insurance in the organization are as follows:

Advantages Disadvantages

o Cash flow advantages – no outflow of

funds in terms of premium payments

o Possible higher losses- since insurance

companies have been in the business

for a long time, organizations that

assume its own risks will lose the

expert guidance of insurance companies

in loss prevention and claim settlements

o Save money – if insurance is still

sought out, then the organization will

still be able to lower its cost since some

risk are retained

o Possible higher expenses- organizations

that assume/retain its own risks must

ensure that competent workforce is

hired to manage the risks and

administer its fund. The organization

may eventually have to incur high costs

in hiring and training these workers.

o Lower expenses – sizeable savings in

the form of reduced administrative

expenses, commission brokerage, etc.

Insurance

Insurance is a risk financing method of transferring the financial consequences of potential

accidental losses from an insured firm or family to an insurer. This method is used when the

organization feels that it is more economical and beneficial to transfer the risk to another

party.

Transferring the risk to another party involves a contractual agreement whereby the other

party assumes the risk and is liable for the loss in the event of loss.

In an insurance contract, the party exposed to the risks pays the premium to the insurance

company. In return, the insurance company agrees to pay a stated sum on the happening of

certain risk specified in the contract.

IMPLEMENTING THE RISK MANAGEMENT PROGRAM The management must select the best and most cost effective risk management program. The

selection of risk management program may be based on two (2) factors:

Financial criteria – whether it will affect the organization‟s profitability or rate of return

Non – financial criteria – whether it affects the growth of the organization,

humanitarian aspects and legal requirements.

In ensuring effective implementation of the program, attention should be devoted to the

following considerations:

Issuing a Policy Statement

The policy statement outlines the risk management objectives of the firm as well as

company policy with respect to treatment of loss exposures. It is important that all the

employees in the organization be made aware of this policy and they accept the policy

statement

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Drafting a Risk Management Manual

The Risk Management manual describes in detail the risk management program. The

manual can be used as a tool for training new employees who will be participating in the

program.

Co-operation with other Department

Co-operation with other department within the firm are extremely important in identifying

pure loss exposures. For examples:

ACCOUNTING: Internal accounting controls can reduce employee fraud and theft

cash

MARKETING: Accurate packaging can prevent liability law suits. Safe distributions

procedures prevent accidents

PRODUCTION: Quality control can prevent production of defective goods, and so

prevent liability law suits.

CONTROLLING/ MONITORING THE PROGRAM

The risk management program must be monitored and controlled systematically. It must be

periodically reviewed to ensure that the techniques employed are still suitable and they satisfy

the current conditions.

3.6. CHARACTERISTIC OF INSURABLE RISKS

Not all risks are capable of being insured. Risks that are uninsurable must fulfill certain

characteristics. The main characteristics are as follows:

Pecuniary / Financial Value

The risk must involve a loss that is capable of financial measurement where monetary

compensation is capable following a loss - risk of damage to property, the financial

measurement is cost of repairs.

Homogeneous Exposure

There must be a large number of similar risks before any one of that number is capable

being insured. There are two reasons for this:

Enable the insurer to predict losses more accurately

If there are only few risk exposures, each one would have to contribute a very high

amount for the loss to be met from the contributions.

Pure Risk Only

In general, only pure risks are insurable as insurance cannot be used to make gain. A

speculative risk involves loss. Gain or no loss, therefore are not insurable

Particular Risk

In general risks, only particular risk are insurable insurance if they satisfy other criteria of

insurable risk.

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Fortuitous

A fortuitous is one that is accidental and unintentional. Insurance cannot function properly

and efficiently if losses are internally and fraudulently brought about by the insured.

Insurable Interest

The existence of insurable interest in contracts of insurance is one of the main factors that

differentiate insurance from gambling.

Legal and Not Against Public Policy

The object of insurance must be legal and not against public policy. A shop engaged in

smuggling or a wager on a life is not an insurable risk because such risk is of an illegal

nature. Fines and penalties imposed by law are not insurable because it is against public

policy to provide insurance for such events.

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4. REGULATION OF LEGAL ASPECTS AND INSURANCE

4.1. Law Of Contract

4.2. Essentials Of An Isurance Contract

4.3. Defective Contract

4.4. The Insurance Act 1996

4.5. The Insurance Refgulations 1996

4.6. The Companies Act

4.7. Other Related Acts –Insurance Practice

4.8. Other Related Directives

4.1. LAW OF CONTRACT

All contracts are governed by the general principle of the law of contract as specified in the

contract Acts 1950.

DEFINITION OF A CONTRACT

A contract may be defined as a legally enforceable/ binding agreement made between at least

two parties. The phrase “legally enforceable” means that disputes relating to the agreement may

be referred to a court for settlement.

4.2. ESSENTIALS OF CONTRACTS

An agreement will be enforced when the following essential elements exist. The absence of even

one is fatal to the enforcement of the contract. The essential of the contract requirements are:

Intention to create legal relationship

Offer and acceptance

Consent

Consideration

Legal capacity to contract

Legality of the contract

INTENTION TO CREATE A LEGAL RELATIONSHIP

It is essential that parties to an agreement intend to be legally bound; otherwise there would

not be a contract between them. It may be inferred from terms of the agreements, conduct and

surrounding circumstances. Thus, insurance agreements are presume to be legally binding on

the insured and insurer.

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OFFER AND ACCEPTANCE

An offer is a firm proposition put by one person (the offer or) to another person (the offered)

coupled with an intention that it shall become binding as soon as it is accepted by the person

to whom it is addressed. Thus, the proposition must be firm and capable of acceptance before

it can be classified as a contractual offer.

Acceptance is the unconditional assent by one party to the terms of the offer. For an

acceptance to be valid there must be;

A fact of acceptance

Communication of acceptance

In general insurance, a person usually makes an offer when he proposes for insurance and the

insurer concerned is deemed to accept the offer if he agrees to provide the proposed insurance.

In some instances, the insurer may not accept the proposal but may offer to provide insurance

on a different term. This constitutes a counter- offer from the insurer. In such circumstances,

the acceptance may be made by the insured.

In contrast, the offer of life insurance usually comes from the insurer while acceptance is

made by the insured.

CONSENT

Parties to the agreement must agree upon every material term of the agreement. When this

happens, the parties to the agreement are said to be “consensus ad idem” (meeting of mind)

there is no consent by the parties if the contract is entered as a result of mistakes,

misrepresentation, duress and undue influence.

CONSIDERATION

Parties must give consideration before an agreement can be legally binding. In general and life

insurance contracts, the insured‟s consideration is to pay or promise to pay premium.

However, in the cash-before-cash cover policies such as motor policies, the insured‟s

consideration is to pay premium accordance with the laws of Malaysia which is to pay

premium to his insurer on the day his is given insurance cover. The cash -before- cash cover

principle does not apply in General Insurance and Life Insurance businesses.

LEGAL CAPACITY T CONTRACT

A party to insurance must have legal capacity to enter into a contract. Everyone except minors

and people unsound mind has legal capacity to enter into a contract. However in Insurance

Act 1996, section 153 provides that minor who has attained the age of 16 may affect a life

policy on his own life or on the life on another in which he has an insurable interest. Minor

aged 10-16 may also affect a life policy with the written consent of his parent or his guardian.

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LEGALITY OF A CONTRACT

An agreement should be created for a legal purpose. It should not promote things which the

laws disapprove. An agreement which is illegal or against public policy would not be legally

binding. For example, an insurance policy providing indemnity against fines imposed by a

statue or court of law.

4.3. DEFFECTIVE CONTRACT

When contracts are tainted by defects at the time when they are being made, their validity may

be questioned. Contracts tainted by defects may be void, voidable or unenforceable depending on

the nature of the defects.

Void Contract

A void contract is one which legally does not exist. It is nothing more than a mere agreement

and the court will not enforce it. An insurance contract which lacks any one of the essential

elements mentioned earlier is an example of a void contract. Another example is an insurance

contract affected without insurable interest.

Voidable Contract

A contract is voidable if one party to the contract is given the option to consider the contract

void. A voidable contract will remain valid and in force until the aggrieved party exercises the

option to treat it void. Example of a voidable contract is one which a party to the contract has

breached the duty of utmost good faith.

Unenforceable Contract

An unenforceable contract is a contract which is neither void nor voidable but cannot be

enforceable through a court of law. Unenforceable contracts are result of failure to comply with

legal formalities such as the need for certain contracts to be evidenced in writing. An example

of an unenforceable contract is a Marine insurance contract which is not in writing (section22

of Marine Insurance Act 1996 requires a marine insurance contract to be in writing)

4.4. THE INSURANCE ACT 1996

The law that governs the insurance industry in Malaysia is the Insurance Act 1996 (Act) which

came into force on 1 January 1997. The Act is supplemented by the Insurance Regulations

(Regulations) and specifications which prescribe the details of mandatory requirements

contained in certain provision of the Act.

The main purpose of regulations includes:

The protection of public interest

By ensuring that the insurer is financially solvent and able to meet its obligations to its

policy owners and claimants

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The promotion of fairness and equity

To ensure that insurers, insurance brokers and adjuster (collectively known as licensees

under the Act) are fair and equitable in their dealings with their clients and claimants.

The fostering of competence

By insisting on a high level of professional competence and integrity of insurers, insurance

brokers and adjusters.

The fostering of competence

By insisting on a high level of professional competence and integrity of insurers, insurance

brokers and adjusters.

The playing a development role

By encouraging the insurance industry to take an active part in the economic development

of the country.

SCOPE OF REGULATION

Part I : Preliminary

Part I deals with matters such as the definitions of terms used in the 1996 Act and empowers

Bank Negara Malaysia (BNM) with all the functions conferred on it by the 1996 Act. In

addition, the Governor of BNM shall perform the functions of BNM in its behalf and BNM

may authorize an officer of BNM or appoint any other person to perform any of its

functions.

Part II : Licensing of Insurer, Insurance Broker and Adjuster

Part II provides for the licensing and revocation of licensing of persons carrying on

insurance, insurance broking or loss adjusting business. Among the requirements are

provisions to regulate the paid up capital of a licensee, that a broker or adjuster has to be

conducted by a company. Part II also lays down the responsibilities of a licensee in order to

protect policy owners‟ interest during the period of winding down the business.

Part III : Subsidiary and Office of Licensee

Part III deals with subsidiary and office of insurance companies, insurance brokers and

adjusters. It requires these parties incorporated in Malaysia to obtain the prior written

approval of BNM before they can establish in or outside Malaysia. (Section 35-37)

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Part IV : Insurer Fund and Shareholders‟ Fund

Part IV requires an insurer to establish separate insurance fund for its Malaysian and foreign

policies and for its life and general business as well as to maintain adequate assets in its

insurance funds to meet its insurance fund liabilities. It also regulates the manner of

withdrawal from the insurance fund, valuing assets and determining liabilities, maintenance

of solvency margins as well as registering of policies and claims. (Section 38-57)

Part V : Direction and Control of Defaulting Insurer

Part V provides for the setting up of an early warning system. An insurer which is just

complying with the minimum solvency margin but having adverse business results or which

is deficient in solvency margin is required to notify and submit to BNM a plan to improve

its financial condition. (Section 58-65)

Part V1 : Management of licensee

Part VI makes it necessary to secure the approval of the Finance Minister (in the case of an

insurer) and BNM (in the case of an insurance broker and loss adjuster) before a person can

enter into an agreement or arrangement to acquire or dispose of any interest in shares of

more than 5% in an insurance company, an insurance broker firm or a loss adjusting firm

incorporated in Malaysia. This part also requires an insurer, an insurance broker or a loss

adjuster to seek and obtain BNM‟s approval before appointing a director or a chief

executive officer. A director, chief executive officer or manager to be appointed must be a

„fit and proper person‟ and also a resident in Malaysia during the period of his appointment.

(Section 66-73)

Part V1I : Auditor, Actuary and Accounts

Part VII deals with matters relating to the auditor, actuary and accounts of licensee.

The 1996 Act also places a responsibility on the licensee, its director, controller or employee

to co-operate with the auditor and appointed actuary by furnishing information requested by

them and by ensuring that the information furnished is complete and not false or misleading.

(Section 74-98)

Part V1II : Examination

Part VIII makes provisions with regard to the examination of insurers, insurance brokers and

loss adjusters. BNM is accorded the power to examine, from time to time without giving

prior notice, the document of these companies, or their agents, in or outside Malaysia. It also

empowers BNM to examine the directors of these companies or their agents, the policy

owners or any person whom BNM believes to be acquainted with the facts and

circumstances of the case.

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Part IX : Investigation, Search and Seizure

Part IX provides for an employee of BNM or any other person to be appointed as an

investigating officer. The powers accorded to the investigating officer include entry, search,

seizure, detention and examination of suspects and their business associates.

Part X : Winding Up of Insurer

Part X deals with matters relating to the winding up of an insurers, including the provision

that liabilities other than preferential debts under the Companies Act 1965, to the extent that

they are apportioned to the insurance fund.

Part XI : Transfer of Business

Part XI provides explicitly for the need for BNM‟s approval to be obtained on any scheme

of transfer of an insurer‟s business prior to its submission to the High Court. An insurance

broker or an adjuster is also prohibited from transferring its business whether wholly or

partly without the prior approval of BNM.

Part XII : Provisions Relating to Policies

Part XII makes provisions relating to policies issued by insurers. It has retained most of the

provisions of the 1963 Act, supplemented with a number of new provisions. Among the new

provisions are:

The requirement for insurances of liability to be purchased in Malaysia unless otherwise

approved by BNM.

The control over the sale of new life products which has been tightened whereby life

insurers are now required to lodged with BNM particulars of a new life policy before

offering the life policy to the public.

General insurers or an association of licensed general insurers are prohibited from

ado[ting a tariff of premium rates, policy terms and conditions for a description of policy

which is obligatory applicable to a general insurer, except with the approval of BNM

A policy owner is allowed to return a life policy within 15 days after its delivery, without

having to give any reason and the insurer has to refund the premium subject to the

deduction of medical examination expenses it has incurred.

The condition that a policy owner has to object to specific terms and conditions of the life

policy to be eligible for a refund or premium as contained in the 1963 Act has been

removed to make it easier for the policy owner to obtain a refund.

The duty on the part of a proposer for insurance to disclose matters which would affect

the decision of the insurer for his underwriting consideration.

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The entitlement of a policy owner who surrenders his policy are more well defined under

the new law

The provision for the payment of a minimum compound interest rate of 4% per annum or

such other rate as may be prescribed on the amount of life insurance or personal accident

death benefit policy moneys upon the expiry of 60 days from the date of the insurer‟s

receipt of the claim intimation until the date of payment.

Part XIII : Payment of Policy Moneys Under a Life Policy or Personal Accident Policy

Part XIII provides for the expeditious payment of policy moneys under a life policy or a

personal accident policy. It also provides for a creation of a trust in favour of a nominee who

is a spouse, child or parents of the policy owners (in the case of an unmarried policy owner

only), for a nominee who is not a spouse, child or parent of the policy moneys as an

executor and not solely as a beneficiary, for the claim of an assignee and pledge to have

priority over the claim of a nominee and for the payment of policy moneys where there is no

nomination.

Part XIV : Insurance Guarantee Scheme Fund

Part XIV provides for the establishment and utilization of the insurance guarantee scheme

fund (IGSFs). It authorizes BNM to establish separate IGSFs for Malaysian life policies and

Malaysian general policies and sets out the amounts payable into these funds.

Part XV : Miscellaneous

Part XV sets out certain rules to govern the conduct of business by an agent, insurance

broker and other intermediary involved in insurance transactions as well as they

responsibilities of a life insurer under a group policy where the policy owner has no

insurable interest in the lives of the persons insured.

Part XVI : General Provisions

Part XVI contains general provisions most of which relate to powders given to BNM to

facilitate its administration of the 1996 Act.

Part XVII : Offences

The provisions relating to offences are contained in Part XVII of the 1996 Act. It provides

for a general penalty of RM500,000 and/or imprisonment for a term of a six months for any

offence committed where no penalty is expressly provided. There is also a provision in

relation to fraudulent entries in books, documents and policies. A director, controller,

officer, partner or person concerned in the management of a corporate entity shall be liable

for offences committed by the corporate entity. Similarly, a corporate entity shall also be

liable for the action of its director, controller, employee or agent. All offences under the

1996 Act are deemed sizeable offences.

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4.5. THE INSURANCE REGULATIONS 1996

The Insurance Regulations (Regulations) is basically supplementing the Insurance Act 1996

(Act) which came into force on 1 January 1997.

SCOPE OF REGULATION

Part I : Preliminary

This part cited the name of the insurance regulations and its commencement date.

Part II : Insurance Qualification

Section II(2)(a) of the 1996 Act provides that a person may use the word „insurance‟,

„assurance‟ or „underwriter‟ or any of its derivatives by way of appending to his name an

insurance qualification conferred on him by a prescribed body, where the qualifications so

appended is followed with the initials of the name of that body. Part II of the Insurance

Regulations 1996 prescribes the names of the various bodies, which included institutes of

actuaries, the Malaysian Insurance Institute (MID and qualifications of certain institutes

identified in consultation with MII)

Part III : Minimum Paid-Up Share Capital or Surplus of Assets over Liabilities

Part III prescribes the minimum amount of paid-up share capital, surplus of assets over

liabilities, or paid-up share capital unimpaired by losses required to be maintained by

insurance companies, insurance brokers and loss adjusters.

Part IV: License Fee

Part IV prescribes the license fee for insurer, insurance broker and adjuster. It also

prescribed the annual fee for insurer.

Part V: Withdrawal From Life Insurance Fund

Application

Surplus of a single life insurance fund

Surplus for non-participating policies

Deficit in life insurance fund

Part VI: Valuation of Assets

Application

Immovable property

Corporate securities

Loans

Malaysian Government Security or other bonds

Deposit and negotiable instruments of deposit

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Amounts due from reinsurer or ceding company

Outstanding premiums

Investment income

Furniture and fitting, etc

Other assets

Part VII: Provision For General Insurance Claims

Application

Provision for outstanding claims

Recognition of a claim

Provision for a claim

Provision for incurred but not reported claims

Review of provision for incurred but not reported claims

Provision for reinsurance recovery

Part VIII: Reserve For Unexpired Risks (General Business)

Application

Interpretation

Reserve for Malaysian general policies

Reserve for foreign general policies

Part IX: Margin of Solvency

Application

Transitional

Separate margins of solvency

Margin of solvency in insurance fund

Annual determination of margin of solvency

Margin of solvency for life business

Margin of solvency for general business

Margin of solvency for foreign professional reinsurer

Statement of margin of solvency

Part X: Register of Policies and Register of Claims

Register of policies

Register of claims

Part XI: Guarantee and Security for Credit Facility

Application

Credit facility secured by immovable property

Credit facility secured by a pledge of shares

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Credit facility secured by a life policy

Prescribed person

Part XII: Minimum Criteria of “A Fit and Proper Person”

Minimum criteria of “a fir and proper person”

Criteria for a director of licensee

Criteria for a chief executive officer or manager of licesee

Discretion of the Bank

Part XIII: Valuation of Life Business Liabilities

Application

Verification of data on business in force

Minimum valuation basis

Withdrawal of policy from insurance fund

Credit for reinsurance

Bank may approve basis of valuation

Part XIV: Inspection Fees

Inspection fees

Part XV: Assumption of Risk

Application

Interpretation

Assumption of risk

Payment to general insurer

Part XVI: Surrender of Life Policy

Application

Extension of a life policy

Surrender value disclosure to proposer

Determination of surrender value

Minimum surrender value

Surrender value at life insurer‟s discretion

Variation of basis for surrender value

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Part XVII: Election for Paid-Up Policy

Application

Paid-up policy

Variation of basis for paid-up value

Policy to remain in force

Part XVIII: Home-Service Life Policy

Application

Interpretation

Implication of insurer‟s agent or employee filling in proposal form

Premium receipt book

Part XIX: Miscellaneous

Repeal

4.6. THE COMPANIES ACT 1965

The Insurance Act, 1996 is the principal piece of legislation which the insurance companies have

abides by. Besides the Insurance Act, another legislative control on insurance companies is the

Companies Act, 1965.

The principal requirements of the Companies Act affecting insurance companies can be

summarized under the following headings:

a. Preparation and submission of annual accounts and the accompanying statement

b. The method valuing assets and the provision for depreciation

c. The method of valuing liabilities

4.7. OTHER RELATED ACTS –INSURANCE PRACTICE

Road Transport Act 1987

Offshore Insurance Act 1990

Workmen Compensation 1952

Foreign Worker Compensation

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4.8. OTHER RELATED DIRECTIVES

JPI /GPI2 Consolidate

Knock-For-Knock Agreement (KfK)

Cash Before Cover (CBC)

ICAGB

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5. INSURANCE AND TAKAFUL PRODUCTS

5.1. General Insurance

5.2. Life Insurance

5.3. Takaful

5.1. GENERAL INSURANCE

General Insurance provides cover against risks usually not covered by life assurance and are

usually made for a period of one year or less. At the end of the period, it is renewable by mutual

consent of the insured and insurer.

Besides that, general insurance contracts are contracts of indemnity. The aim is to place the

insured in the same financial position as that occupied before the occurrence of the insured risk,

subject to maximum limits of the insured amounts.

A payment of a claim does not terminate a general insurance contract. Meaning to say is more

than one claim can be made in each year of insurance.

In general insurance, the insured risk may not increase with duration. In fact, may decrease due

to better safety measures taken by the insured. For example, installation of water sprinklers.

General insurance contracts can be arranged to provide cover against the following forms of risk

to the insured and/or third parties in respect of:

Lost or damage to property ego to motor vehicles, ship, building, stock-in-trade

Legal liability caused by products or goods sold or the process carried out

Death or injury to a person by an accident

The basic principles of General Insurance are as follows:

Insurable Interest

Utmost Good Faith

Subrogation

Contribution

Indemnity

5.1.1. INSURABLE INTEREST

Insurable interest can be defined as the right to insure arising out of legally recognized

financial interest which a person has in the subject matter of insurance. For example, a thief

could not insure the goods he stole because he does not have a legally recognized financial

interest in the goods.

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In general, insurable interest must exist at the time of inception of the insurance contract and at

the time of loss for all classes of insurance except:

Life insurance where insurable interest must exist at the time of inception

Marine insurance where insurable interest must exist at the time of loss

Application of insurable interest:

Life Insurance;

Everyone has insurable interest in his or her own life

Husband and wife have mutual insurable interest on each other‟s life

A parent has insurable interest on his/her child‟s life

Property Insurance

The owner of a property has insurable interest to the extent of the value of the property

owned

An agent has insurable interest on property belonging to his principal or which he has

insurable interest.

Liability Insurance

A person clearly has an interest in potential liability he may incur plus the legal costs and

expenses but he cannot insure his fines arising from his criminal acts.

Reinsurance

An insurer has insurable interest in the risks accepted by him as he will be prejudiced by

him as he will be prejudiced if the subject matter of insurance is damaged by a peril insured

against. An insurer is therefore entitled to reinsure those risks accepted by him.

5.1.2. UTMOST GOOD FAITH (UGF)

The duty of UGF is a positive duty (of the insured) to disclose fully and accurately all material

facts that he (the insured) knows or ought to know, whether asked for or not (by the insurer)

A material fact is defined as a fact which would influence the PRUDENT UNDERWRITER in

accepting the risk or fixing the premium.

For example: While excessive alcohol consumption of proposer may be material to a proposal

for a motor or personal accident insurance, the same fact is not material if the proposal is for

marine insurance. The materiality of a fact also depends on the circumstances surrounding a

proposed risk. Thus, the fact relating to excessive alcohol consumption may not be a material

fact in motor insurance proposal if the proposer is always chauffeured driven.

The duty to disclose material facts last until the completion of the insurance contract. Therefore

if changes in the material facts occur after they have been intimated to the insurer but before

the completion of the contract, the proposer is required to notify the changes to the insurer

otherwise the contract would be voidable.

The duty of disclosure will terminate upon the inception of the contract. Occasionally the duty

disclosure may be extended and may continue throughout the currency of the contract by a

policy condition.

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For example:

In the personal accident policy whereby a policy condition provides that the insured should

inform the insurer of any change in address and occupation. Failure on the part of the insured

to disclose such changes entitles the insurer to avoid the contract.

UGF is breached if the duty of disclosure is not observed. It happens when a proposer knows

or is reasonably expected to know a material fact and he either:

Fails to provide the insurer with information relating to the material fact

Misrepresent a material fact such as providing the insurer with incorrect information relating

to the material fact.

When the insured fails to disclose a material fact, the breach of UGF is termed as a non

disclosure

If he misrepresent a material fact, the breach of UGF is termed as misrepresentation

When any breach of UGF is committed the contract is voidable irrespective of whether the

breach is committed innocently or fraudulently. However, fraudulent non disclosure and

misrepresentation may further entitle the insurer to sue for damage.

5.1.3. SUBROGATION

Subrogation in the context of insurance can be defined as taking the rights belonging to an

industry by the insurer after the latter has indemnified the insured. The rights belonging to the

insured may include: those right against third parties who are also liable for the loss which is

the subject of the claim and the right of the insured in the salvage.

There are 4 ways in which subrogation rights may arise:

Subrogation arising from tort

When a tort, for example an act of negligence, committed by a 3rd

party damages or destroys

a property insured under a policy, the insured would have a right to be indemnified under the

policy. If the insured decides to recover his loss under his policy, the insurer will have

subrogation right against the 3rd

party.

Subrogation arising out of contract

The insured may have incurred a loss which is not only covered under a policy, for example;

a money policy. The insured therefore may be able to recover his loss from either the insurer

or the security company. If the insured decides to recover his loss from the insurer, the

insurer may exercise the right of the insured to recover under the contract with the 3rd

party

security company.

Subrogation arising out of statue

Occasionally a statue may grant a person a right to recover a loss from a3rd party. For

example, the Innkeepers Act 1952 provides that a hotel guest may recover from the hotel

owner the value of the goods lost whilst in the custody of the hotel. If the insured decides to

recover his loss from his insurer, his insurer may exercise the insured‟s right under the statue

against the hotel.

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Subrogation arising out of salvage

Salvage is the wreckage of an insured object. Legally the salvage belongs to the insured.

However, if the insured wishes to be paid on a total loss basis, the insurer may take over his

right in the salvage.

5.1.4. CONTRIBUTION

Contribution can be defined as the amount which each insurer has to contribute to the cost of a

loss when the total loss is covered by 2 or more insurers.

According to the principle of contribution, an insurer who has indemnifies the insurers, may

call upon the other insurers who are similarly liable for the loss to contribute towards the

payment of indemnity. For example; Mr. Z insure his RM200 000 house with Insurer H for

RM 200 00; Insurer M for RM 200 000 and Insurer T for RM 200 00. In the event of claim, let

say the amount of loss is RM 90 000, insurer H,M, and T will apply the principle of

contribution. Therefore each insurer will contribute RM30 000 with a proportion of 1:3

It follows naturally from the principle of indemnity that if the insured is allowed to recover

from more than one insurer for the same loss, the insured would be recovering more than his

loss. Like subrogation, the principle of contribution is evolved to support the principle of

indemnity.

Conditions apply only when the following conditions are fulfilled:

Two or more policies of indemnity exists

The policies must cover a common interest such as the loss related to an interest covered

under the policies

The policies must cover a common peril which gives rise to the loss such as the loss must be

caused by a peril insured under the policies.

The policies must cover a common subject matter. For example the loss must relate to a

property that is covered under the policies

Each policy must be liable for the loss.

5.1.5. INDEMNITY

Insurance contracts promise „to make good the loss or damage‟. The objective of the principle

is to ensure that the insured after being indemnified shall be either better or worse off than

before the loss. The effect of the principle is to prevent the insured from making a profit out of

loss.

When the insured has measurable insurable interest, the contract of insurance will be a contract

of indemnity. Examples include property, pecuniary and liability insurance contracts. Life

Insurance and Personal Accident contracts are generally deemed to be non - indemnity

contracts because the insured‟s insurable interests in such contracts tend to be unlimited.

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The four methods of indemnity used by insurers are: cash, repair, replacement and

reinstatement. In general, cash is frequently used as a method of indemnity for liability claims

and as well own property damage claims. Repairs, replacement and reinstatement are

frequently used in association with own property damage claims. Repairs, replacement and

reinstatement are frequently used in association with own property damage claims.

There are two methods of measuring indemnity:

Total Loss

There are two main methods of measuring indemnity used by property insurers;

Method 1

Reinstatement / replacement cost

Less: allowance for new & better features

Method 2

Market value of a property similar to the one destroyed.

Partial Loss

The measure of indemnity used is the cost of repair.

The factors that limiting the indemnity are as follows:

Sum Insured

When polices contain a sum insured or limit of indemnity, the insured cannot recover more

than the sum insured or limit of indemnity even when indemnity is of a higher amount.

Average Condition

Average is a device to combat under – insurance. If there is an average condition on a policy,

settlement is subject to the formula below;

SUM INSURED X AMOUNT OF LOSS

VALUE OF PROPERTY

Average therefore reduces the amount payable to the insured such as the insured will receive

less than indemnity. Theoretically the insured is considered the insurer for the proportion

under- insured and therefore has to contribute the loss.

Policy Excess

This is an amount of each every claim which is not covered. When a policy is subject to

excess as in a motor insurance policy, the insured will receive less than indemnity. For

example. An insured made a claim of RM5000 against his insurer for damage to his

comprehensively insured car. The motor policy has an excess of RM1000. Assuming that the

loss is covered under the policy, the amount payable to the insured will be RM 4000

Franchise

When a policy is subject to a franchise, example a marine policy, the insured will be

responsible for a claim which is below the franchise. If this amount exceeded the insurer

will pay the full amount of claim.

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For example; an insured insured a loss of RM800 under a policy with a franchise of

RM1000, would have to bear the loss. However if the amount exceeds RM1000, he would

able to claim the whole amount.

Policies which may pay more than indemnity are:

Reinstatement Policies

In fire insurance, it is possible to arrange policies on building and machinery which will pay

the cost of reinstating or replacing damaged premises and machines, without making any

deduction for wear and tear

Agreed Additional Cost

In fire insurance the insured may incur additional costs as a result of a fire. Example:

Cost of removal of debris, architect‟s and surveyor‟s fees. These costs can be included in the

cover and any payment for these costs by the insurer will amount to more than indemnity.

Valued Policies

A policy in which the insured and the insurer agreed at the inception that the sum insured

will represent the value of property and this amount will be payable in the event of a total

irrespective of the value of the property at the time of loss. For example, such policies can be

found in marine insurance.

5.1.6. THE CLASSES OF GENERAL INSURANCE BUSINESS

The main classes of General Insurance Business are covered under the following headings:

Fire Insurance

Motor Insurance

Marine Insurance

Liability Insurance

Miscellaneous Insurance

Burglary

Fidelity Guarantee

Money

Mobile Plant And Equipmnet

Special “ All Risk”

Plate Glass

Personal Accident

Employers Liability

Workmen‟s Compensation

Public Liability

Engineering Insurance

Surety Bonds

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FIRE INSURANCE An agreement between the insurers and the insured, whereby the insurers having received

premium, undertake to make good the financial loss suffered by the insured as a result of

damage or destruction of the insured property by fire or other specified perils during a stated

period.

The function of fire insurance is to make good the financial loss suffered by an individual as

a result of fire. Fire Insurance can never replace fire waste; it merely effects equitable

distribution of such waste among all those who are insured.

Subject matter of fire insurance is any kind of moveable or immoveable property having

pecuniary value. Such properties include buildings, furniture, fixtures & fittings, household

contents, plants, equipments & machineries, stocks and merchandise in premises, in the open

or in transit.

Subject matter of fire insurance contract is the policy holder‟s interest and financial in the

subject matter of insurance. For example, if Mr. Z wishes to insure his house valued at RM

150 000 with insurance company GHJ, then the value of RM 150 000 would be the subject

matter of Mr. Z‟s contract.

SCOPE OF COVER

A Standard Fire Policy cover is provided in respect of three perils:

Fire

Lightning

Explosion

Fire

Fire is actual burning damage following ignition under accidental circumstances.

Once there is a fire within the meaning of the policy, then various other types of losses

come within the scope of the policy.

For example;

Damage during or immediately following a fire caused by smoke, scorching and failing

walls.

Damage caused by fire brigades in the discharge of their duties such as damage caused by

water, damage caused by blowing up of property to prevent spreading of fire.

Damage of property removed from burning building caused by exposure to weather,

provided the removal was made in an endeavor to mitigate the loss.

EXCEPTIONS

„Its own‟ spontaneous fermentation

Subterranean fire

Riot or Civil Commotion

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Earthquake

„Its‟ undergoing any process involving the application of heat

EXTENSIONS

Property can be damaged in other ways, and to meet this need a number of additional or special

perils can be added on the basic policy. The fire policy can be extended to cover one or more of

the following at additional premiums;

Riot, strike and malicious damage

Aircraft damage

Impact damage by road vehicles, horses and cattle

Flood

Electrical installation

Loss of rent

Removal of debris

Architects‟ and surveyor‟s fees

Sprinkler leakage

Lightning

All lightning damage is covered whether there is a fire or not

Explosion

There is a limited amount of cover only provided by a standard fire policy. The policy

provides cover Explosions as follows;

Loss or damage by explosion of gas used for illumination or domestic purposes in building

in which gas is not generated and which does not form part of any gas works, will be

deemed to be loss by fire within the meaning of this policy.

HOUSE OWNER/HOUSEHOLDER POLICY

This policy provides a very wide cover to private dwelling house. A „Householders‟ policy can

be issued on contents and a „House Owners‟ policy on buildings. The owner- occupier may

request for the 2 policies in respect of both building and contents.

The policy provides cover against:

Loss or damage to building and /contents caused by;

Fire, Lightning, Thunderbolt, subterranean fire

Explosion

Aircraft Impact damage

Bursting and Overflowing of Water Tanks

Theft

Storm and Flood

Loss of Rent

Insured‟s personal liability

Riot and Civil Commotion

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Legal liability of the insured to third parties arising from within the premises

Loss of rent following the damage of building contents by the insured perils

Other contingencies.

MOTOR INSURANCE

Motor Insurance in Malaysia is regulated by the Road Transport Act 1987 as amended from time

to time. Part IV of the Acts provides that every motorist must insure, with an authorized insurer,

any liability which he may incur in respect of the death of or bodily injury to a third party caused

by arising out of the use of the motor vehicle or land implemented drawn thereby on a road.

There are classes of motor vehicles which are exempted from the requirements of the Act, they

are:

o Vehicle owned by;

The government of Malaysia

The government of the republic of Singapore

The municipality or local authority

A public body

*whilst the vehicle is being used for official purpose

o Any vehicle at anytime when it is being driven for police purposes or on a journey

undertaken for salvage purpose

o Any vehicle at anytime when it is being driven by or under the direction of a road

transport officer (JPJ) for the purpose of examining for testing a person who has applied for a

license to drive

o A motor vehicle in respect of which the owner has deposited with the Accountant

General, the sum of RM 125 000.

Various types of insurance have been devised to cater for the different types of vehicles on the

road. These can be divided into the following;

PRIVATE CAR INSURANCE

Cars of private types including three –wheeled cars and Station wagons used solely for social,

domestic and pleasure purposes and for the business or professional purposes of the Insured.

MOTORCYCLE INSURANCE

These include motorcycles with or without side-cars, motor scooters, auto cycles or mechanically

assisted pedal cycle. The Tariff further sub-divides the motorcycle into;

Private motorcycle

Commercial motorcycle

Motorcycle used for hire

Motorcycles trade

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Main types of Motor Cover are;

Act Only Cover

This form of cover provides the minimum form of indemnity required by the Road Transport

Act 1987, also known as “Act” cover.

The cover required in respect of;

Legal liability for death or bodily injury to any third party person (excluding passengers)

caused by arising out of the use of the insured motor vehicle on a road.

Expenses reasonably incurred for hospital treatment for injured persons.

It is now rare for such cover to be offered at the request of the policyholder, and the cover

usually reserved for a situation where the risk is exceptionally poor or high.

Third Party Cover

This form of cover provides act only cover plus for liability to third party property loss or

damage caused by or arising out of the use of the insured motor vehicle on a road

This is normally the lowest policyholder option and the cover will not be provided for loss or

damage to insured vehicle and is restricted to;

damage to property of third party

legal liability for death and bodily injury to third party

hospital and emergency treatment fees for injuries to third party

It is often chosen by drivers who cannot afford the premium of a higher level of cover or because

of the very low value of a vehicle or the vehicle‟s age has exceeded the acceptance limit for a

comprehensive cover.

THIRD PARTY, FIRE AND THEFT COVER

This policy provides cover for loss of or damage to the insured vehicle as a result of fire or

theft.

The theft and fire risk elements contribute to the rate sufficiently close to that charged for

comprehensive and therefore, make it as not a worthwhile option.

COMPREHENSIVE COVER

It covers both property and liability

The coverage under this cover is divided into two main sections, namely;

Section A – Loss or Damage to your vehicle

Covers loss or damage to the motor vehicle and spare parts whilst thereon arising from;

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Accidental collision or overturning or collision or overturning consequent upon

mechanical breakdown or consequent upon wear and tear

Fire, external explosion, self-ignition or lightning or burglary, house breaking or theft

Malicious damage;

In the event of partial loss, the insurance company can either provide indemnity by way

of repair, replacement or cash payment

In the event of total loss it is either the market value or the sum insured, whichever is

less.

Payment of reasonable cost removal to the nearest repairers in the event the vehicle is

disabled as a result of an accident (the maximum limit is RM200)

SECTION B - LIABILITY TO THIRD PARTIES

Covers legal liability, including claimants cost and expenses in respect of death or bodily

injury to third party and/ or damage to property belonging to third party

Legal cost and expenses incurred by Insured which is payable with insurers consent

Compensation payable is unlimited for injury claims but in respect of loss or damage to

property (limited to RM3 million)

EXTENSIONS AVAILABLE

Breakage of glass in windscreen or window (Comprehensive Policy Only)

o Covers the cost of reinstating the damaged glass based on the amount insured. This

extension terminates upon a claim.

Air conditioner/ Radio/ Tape recorder/ Car phone etc. ( Comprehensive Policy Only)

o Covers loss or damage to the item insured, subject to the amount insured or market value,

whichever is lower. This extension terminates upon a claim

Passenger Liability Cover ( All Policies)

o Protects the Insured and the authorized driver against legal liability arising from death or

bodily injury to the passenger while travelling in the vehicle.

Personal Accident To Unnamed Passenger ( Comprehensive Policy Only)

o Provides compensation to passengers whilst mounting into, dismounting from or travelling

in the motor vehicle as per a stated scale.

MAIN EXCLUSIONS Any accident loss, damage or liability caused, sustained or incurred;

outside the Geographical Area

whilst motor vehicle is;

o being used otherwise than in accordance with the limitation as to use

o being driven by any other person than an authorized driver

War Risks

Contractual Liability

Any accident loss or damage to any property whatsoever or any loss or expense

whatsoever resulting or arising there from or any consequential loss

Any accident loss or damage or liability directly or indirectly caused by or contributed to

by or arising from nuclear weapons material

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MARINE INSURANCE

Marine Insurance is a contract of insurance whereby an insurer undertakes to indemnify an

insured against losses arising from maritime perils. Maritime perils are perils consequent or

incidental to navigation of ships such as perils of the sea – fortuitous accidental sea, collision,

stranding, capsizing, heavy weather etc. and other incidental peril –fire, explosion on board a

vessel, war, piracy, barratry, and incidental to navigation.

Types of Marine Policy

Classification of Marine Insurance

o Classification by subject matter insured

Hull and Machinery Insurance

A policy that provides compensation to the insured for loss or damage to ship insured and

also indemnified the collision liability of insured to 3rd

parties. This insurance is usually

taken by ship owners

Cargo Insurance

A policy effected to provide compensation for loss or damage to goods during transit from

seller‟s warehouse via sea transit to the buyer‟s warehouse. The insurance is effected either

by the seller (shipper) or the buyer (consignee) depending on the sale contracted arranged.

o Classification by duration of cover

Time policy

Insurance cover is effective for a fixed period of time, usually 12 months. Hull and

machinery Insurance is usually affected as time policy for duration of 12 months.

Voyage policy

The duration of insurance is on per voyage basis. The cover is effective from

commencement of voyage and terminates on arrival at destination (port to port cover). For

example, a hull insurance is arranged to cover vessel, Bunga Raya, from Port Kelang to

Bombay. The cover is for a voyage from Port Kelang to Bombay.

Cargo Insurance is usually arranged as a voyage policy but the cover is extended to cover

the land transits from seller‟s warehouse to port of loading and from port of discharge to

buyer‟s warehouse, giving a „warehouse to warehouse‟ cover instead of a „port to port‟

cover in a standard voyage policy.

TYPE OF POLICY SUBJECT MATTER OF INSURANCE

Marine Hull Policy Vessel, & limited collision liability

Marine Cargo Policy Cargo ( goods carried on the vessel)

Marine Freight Policy Freight ( money/fee charged for carriage of goods by

the vessel)

Marine Building Risk Policy Vessel Under Construction

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o Mixed Policy

This policy is a combination of time and voyage policy. For example, a vessel is insured on

a voyage policy from Port A to Port B with an extension of cover for one month while the

vessel is in Port B.

Classification according to perils covered

o Marine Risk

A policy (hull, cargo or freight) which covers maritime perils but excludes war and strike

perils

o War and Strike Risk

A policy (hull, cargo or freight) which covers war and strike risk only covers war and strike

risk only and does not over maritime risks.

Types of maritime losses recoverable from a marine Insurance

o TOTAL LOSS

Actual Total Loss

The subject matters (ship or goods) are totally destroyed or the insured is irretrievably

deprived of them. Examples; total destruction by fire, sinking of the ship in deep water or

capture by an enemy in the event of war.

Constructive Total Loss

There is constructive total loss if the cost of recovering and repairing the ship exceeds its

value when recovered and repaired. The ship is not physically destroyed but is not

economical to save and repair the ship.

o PARTIAL LOSS

Partial loss arising from accidental damage to the subject matter insured.

Ship: accidental damage such as fire damage hull structure, damage arising from collision

between two vessels or damage to machinery on board of the vessel due to negligence of

crews.

Goods: a partial loss may result from a complete loss of part consignment of the goods or

damage to a part or whole causing depreciation in their value.

o EXPENSES

Salvage Charge

These are payable to people who voluntarily render service to save a ship or cargo in danger

or peril. The salvage award may be made by agreement with the owners or insurers of

property saved or by arbitration.

Sue and Labor Charges

These are the expenses incurred by the insured or their servants in averting or minimizing

loss or damage to ship or goods insured.

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CARGO INSURANCE

The perils covered under cargo insurance may be on an “all risk” or “specified risk” basis as

given in the Institute Clause A, B, C. An “all risk” cargo insurance is one contain Institute

Clause A which provides compensation to all accidental loss or damage to cargo insured

during the period of insurance but subject to the excluded losses specified in the policy. This

cargo insurance provides the widest cover and it also the most expensive.

Cargo insurance containing Institute Clause B or C provides cover against loss of damage

caused by insured perils specified such as fire, explosion, collision; stranding, capsizing etc.

the cover is less expensive.

The cover commences from the time the goods leave the Warehouse specified in the policy,

continues during the transit (port of loading, sea voyage, port of discharge) and terminates

when goods are delivered to the final warehouse at the destination. The duration of cover is

identical for cargo insurance containing Institute Clause A, B and C.

LIABILITY INSURANCE

The main forms of liability insurance are:

Workmen‟s Compensation Insurance

Foreign Worker‟s Compensation Scheme

Employer‟s Liability Insurance

Public Liability Insurance

Professional Liability Insurance

Products Liability Insurance

WORKMEN‟S COMPENSATION INSURANCE

Impose a liability on the employer to pay compensation on a prescribed scale to an

employee who is injured or killed in an accident or due to illness or disease arising out of

and in the course of employment

The insurer will also indemnify the insured against all costs and expenses incurred with the

insurer‟s consent in defending any claim for such compensation

Employers should be encouraged to affect Workmen‟s Compensation Insurance for their

employees unless they are covered under SOCSO.

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FOREIGN WORKER‟S COMPENSATION SCHEME (FWCS)

All legal foreign workers (excluding expatriates) must be covered under a separate FWCS

It requires every employer employing foreign workers to insure with the panel of insurance

companies appointed under this order and to effect payment of compensation for injuries

sustained from accidents during and outside working hours.

The FWCS was created to protect the interest and welfare of all foreign workers in

Malaysia.

The policy provides for the payment of compensation benefits to a foreign worker who

possesses valid employment document for personal injury sustained due to accident or

disease contracted which arose out of or in the course of employment or if the death results

from accident.

EMPLOYER‟S LIABILITY INSURANCE

The policy provides protection to the Insured against his legal liability at common law of

damages and cost bodily injury or diseases to employees arising out of and in the course of

their employment.

The policy is restricted to damages payable in respect of injury and does not pay for damage

to an employee‟s property.

EXCLUSIONS

insured‟s liability to employees of contractors

contractual liability

injury sustained outside geographical area covered by policy

liability under the Workmen‟s Compensation Ordinance 1952

war risks

nuclear risks

PUBLIC LIABLITY INSURANCE

The insurance is designed to cover the legal liability of the Insured in respect of accidental

bodily injuries and/ or property damage to third parties arising in connection with the

Insured‟s business.

This policy also provides for all costs and expenses of litigation incurred with the insurer‟s

consent.

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EXCLUSIONS

Liability that can be insured under the Workmen‟s Compensation Policy, Employer‟s

Liability Policy and SOCSO scheme

Loss or damage to property belonging to the insured or under the insured‟s charge or

control

loss or damage to property associated with steam boiler or any boiler vessel or apparatus

PROFESSIONAL INDEMNITY INSURANCE

Professional people may in their course of business cause financial or personal injury to their

clients or others by their own neglect or error or perhaps even more importantly, by the

neglect or error of their employees or partners.

Examples of the type of professions afforded under the policy are solicitors, accountants,

architects and surveyors, insurance brokers, doctors, dentists and other medical practitioners.

The policy covers the Insured for breach of professional duty by reason of any negligent acts,

negligent error or negligent omission committed by the Insured, their predecessors and any

person employed by the Insured in their professional capacity.

EXCLUSIONS

o for libel or slander

o arising out of dishonesty, fraud, criminal

o malicious act or omission by the Insured, or his predecessors or employees

o arising from contamination by radioactivity

o which the insured is entitled to indemnify under any other policy

PRODUCT LIABILITY INSURANCE

Provides cover to a manufacturer or seller against his legal liability for death or injury or

damage to property caused by defects in the goods supplied or sold by him.

Examples of products that may give rise to product liability include electrical appliances,

machinery, pharmaceutical products, cosmetics and toys.

The cover includes legal costs incurred by the firm with the insurer‟s prior consent

EXCLUSIONS

o Injury to employees

o Contractual liability unless such liability would have attached in the absence of any contract

o liability arising in respect of wrong formula or specification of products

o Loss or damage to products supplied or sold arising out of repairs or alteration works on the

products.

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PERSONAL ACCIDENT INSURANCE

Provides benefits in the event the insured person suffers bodily injury resulting solely and

directly from accident by outward violent and visible means.

The benefits provided under the policy are in respect of death, disablement and/ or medical

expenses arising from the injury.

The policy is usually extended to include a weekly benefit up to a maximum of 104 weeks or

compensation if the insured is temporarily totally disabled due to an accident and a reduced

weekly benefit if they are temporarily only partially disabled from carrying out their usual duties.

This personal accident insurance is one of the two classes of insurance that are not governed by

the insurance principle of indemnity. This means that the cover provided is a „benefit‟, not an

„indemnity‟ and the pertinent points are:

there can be no contribution from any other policy or compensated payment

there is not subrogated right or recovery

EXCLUSIONS

The policy does not cover;

death, disablement or medical expenses caused by;

war, warlike operations, strike, riot, civil commotion

insanity, suicide or any attempt thereat

venereal disease, infection or parasites

death, disablement or medical expenses sustained by the insured;

while committing or attempting to commit any unlawful act

MISCELLANEOUS ACCIDENT

Burglary

Fidelity Guarantee

Money

Mobile Plant And Equipmnet

Special “ All Risk”

Plate Glass

Personal Accident

Employers Liability

Workmen‟s Compensation

Public Liability

Engineering Insurance

Surety Bonds

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BURGLARY

Indemnifies the Insured against loss or damage to property insured by theft accompanied

by the actual forcible& violent breaking into or out of the premises or nay attempt

thereat.

Moral Hazard, both of the Insured and his employees is of great importance and a proposal

should not be considered where there is the slightest doubt concerning this factor. Any

likelihood or carelessness in the protection of the property or the security of the premises

renders the risk undesirable.

SCOPE OF COVER

Loss or damage to the property insured whilst contained in the premises

Loss or damage to the property insured of the Insured or his family members contained in

his residence adjoining the Premises

Cover extends to property temporarily removed from the private residence for a period

not exceeding 60 days.

Furs, Jewellery, Gold, Silver and Platinum and Articles are also covered whilst

temporarily deposited in a bank or safe deposit or an occupied private residence in

Malaysia.

The policy also covers damage to buildings of the Premises provided such damage would

but for the insurance be the responsibility

MAJOR EXCLUSIONS

Act of Criminal Brach of Trust as defined in Penal Code

Cheating by any person as defined under the penal Code

Consequence of earthquake riot civil commotion

Fire or explosion or which the insured against by a Glass Policy

Loss Discovered during Stock Checking

Theft or attempt in which there is concerned any member of the Insured‟s household, his

business staff or any person lawfully on the premises.

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SUM INSURED/TYPES OF POLICY

1. Full Value Policies

These types of policies are subject to the Average Clause. Thus, the proposer must insure

his property to the full value so as to ensure adequate indemnity at the time of loss.

2. First Loss Policies

These policies are allowed only in the case of business premises and where sum insured

is substantial, of a reasonably high value and bulky nature thereby rendering a total loss a

remote possibility. The sum insured must NOT NE LESS than the anticipated maximum

probable single loss at any one time.

UNDERWRITING INFORMATION REQUIRED

1. Location/s or premises

2. For each location, full details of;

- Occupation/s

- Description e.g. shop, warehouse

- Security e.g. type of alarm, method of signaling

- Nature of contents

- Construction of premises.

3. Sum Insured for each location on

- Stock and materials in Trade

- All other contents

4. Additional Information

- Previously surveyed, what recommendations were made and whether these were carried

out.

- Alternative basis of cover e.g. first loss and/ or excess.

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FIDELITY GUARANTEE

- The policy is intended to protect the employer against fraud or dishonesty of an employee.

SCOPE OF COVER

The policy covers direct pecuniary loss the Insured may sustained through any act of fraud or

dishonesty committed by the employee e.g. theft, misappropriation of funds or forgery.

The loss must be sustained:

i. During period of insurance

ii. During the employee‟s uninterrupted service in Insured‟s employment

iii. Discovered and notified to the company within twelve months of occurrence (discovery

period)

MAJOR EXCLUSIONS

Unexplained shortages

Losses discovered and notified to the Company after required period

Consequential loss

TYPES OF POLICIES

SUM INSURED

Two basis of fixing sum insured:

1. Limit of Liability Per Person

Basis

Where the Insured can identify the areas that

he may suffer pecuniary losses

2. Limit in the Aggregate

Normally issued for Blanket policies.

1. NAMED BASIS

Provides cover on a named employee up to

a specific limit of indemnity

2.FLOATING/BLANKET BASIS

Provides cover on all employees for a

specific limit of indemnity

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UNDERWRITING CONSIDERATIONS/ INFORMATION REQUIRED

Total premium of the Whole Account

Does the insured have any other business with the Company? If so please give the details

Name, duties, year of service and limit of indemnity of employees proposed for insurance

Any of the employees proposed for insurance sign cheques, act as cashier and book-keeper

pay out salaries

Frequency of cash and full audit?

What is the financial standing of the Company?

Past claims experience

MONEY

The policy is intended to protect any business against loss of money in transit or in premises by

any cause unless otherwise excluded from the policy

SCOPE OF COVER

The policy covers loss of money by any cause whatsoever in the circumstances or situation

described in the policy schedule;

Section A

Money in transit from Bank to premises for

payment of wages, petty cash etc & vice

versa

Section B Money in premises including in locked

safe, drawers, cabinets or petty cash boxes,

cash registers & the like

Section C On loss of or damage to safe/

cabinets/drawers

DEFINITIONS

“Money” means Coins, Bank Notes, Currency Notes, Cheques, Banker‟s Drafts, Bills of

Exchange. Credit Card Sales vouchers, Postal Orders, Current Unused Postage Stamps and

Revenue stamps all belonging to the Insured or for which he is responsible.

MAJOR EXCLUSIONS

Act of Criminal Breach of Trust as defined in the Penal Code

Cheating by any person as defined under the Penal Code

Fraud or dishonesty of employees unless loss discovered within 3 working days of

occurrence

Interruption of the Business or other consequential loss

Loss due to error or omission

Loss from an unattended vehicle

Opening of safe or strong room by use of key unless under violence or threat of violence.

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SUM INSURED

It should be insured for the correct indemnity amount for all sections.

UNDERWRITING CONSIDERATION/ INFORMATION REQUIRED

Total premium of the Whole Account

Does the insured have any other business with the Company?

Adequacy of Security System

Construction of premises

Type of safe used and is it fire proof?

Distance between premises and Bank

Maximum amount carried and adequacy of protection

Frequency of Carrying

Method of Transportation

How is the money carried/stored?

MOBILE PLANT AND EQUIPMNET “ ALL RISKS”

The policy is to cover Machinery and Equipment that are mobile which are not licensed for use

on the road and which are not used on the road e.g. Forklift, tractors, cranes operating within a

confined private sea.

SCOPE OF COVER

The Policy will indemnify the Insured against loss of or damage to the Equipment, its

accessories & spare parts whilst thereon by:

1.Accidental collision, overturning, mechanical breakdown result in overturning, consequent

upon wear and tear

2.Fire, external explosion, self ignition or lightning

3.Burglary, housebreaking, theft

MAJOR EXCLUSIONS

Beyond Territorial Limit

Consequential loss

Dishonest act of Insured‟s employees or person whom Equipment is entrusted or press

Earthquake, volcanic eruption, subterranean fire, flood typhoon. Hurricane or other

convulsion of nature

Excess stated in the Schedule

Explosion of any boiler or pressure vessel

Loss of accessories/ spare parts unless equipment is lost or damaged at the same time.

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SUM INSURED

Indemnity basis – cost of replacing the machinery less depreciation for wear and tear (Market

value of equipment)

UNDERWITING CONSIDERATIONS/ INFORMATION REQUIRED

Conditions and age equipment – should not exceed 5 years

Competency of Authorized Operator

Claims Experience

Description of Equipment in terms of engine, no., manufacture and body type, horse power,

year of manufacture, price paid

1. Where normally garaged/parked?

2. Usage of equipment e.g. whether used in construction or agriculture sites

SPECIAL ALL RISKS

The policy is intended to cover property in the open or within buildings that are not mobile e.g.

office equipment, fixtures and fitting, machinery and equipment but excluding buildings and

stock.

SCOPE OF COVER

The cover provided is against loss or damage from “All Risks” unless specifically excluded by

the policy. There are 2 bases to affect cover as illustrated below;

(A)

As Per our Standard Special “ All Risks”

policy which covers the following perils

(B)

Against Selected Perils Only

Fire & Lightning,

Theft

Accidental Damage

*Aircraft Damage

*Bush/ Lalang Fire

*Earthquake and volcanic Eruption

*Storm Tempest

*Impact Damage

*Bursting & Overflowing of water Tanks

Apparatus pipes

*Electrical Installation(B)

*Strike and Malicious Damage

Fire & Lightning,

Theft

Accidental Damage

Any of the perils marked with * as shown

under (A)

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MAJOR EXCLUSIONS

Perils stated above unless extended by payment of additional premium

Breakage of glass or articles of brittle nature

Cheating or Criminal Breach of Trust as defined in the penal Code

Consequential loss or legal liability

Deeds, bonds, bills of exchange , promissory notes, money or securities for money, medals,

bullion, gold, precious stones, postage stamps, collection of stamps or coins, works of art,

manuscripts or business books, plans patterns, models or moulds, drawings or designs,

computer records, contracts or other documents unless specifically stated.

Disappearance, unexplained or inventory shortage, misfiling or misplacing of information

shortages in supply or delivery of materials or shortages due to clerical or accounting errors

Faulty or defective design, material or workmanship

Insured‟s willful act or negligence or any person acting on his behalf

Interruption of water supply, gas, electricity or fuel systems

Landslip, landslide, ground heave, subsidence, coastal and river erosion, convulsion of nature,

subterranean fire, flood.

UNDERWRITING CONSIDERATIONS/ INFORMATION REQUIRED

Situation of Property & Occupation of premises

Construction of wall, roof and flooring

List of Property to be insured & Sum insured

Contingencies required

PLATE GLASS

The policy is for individuals or firms having large areas of glass fixed to the premises which are

susceptible to damage.

SCOPE OF COVER

Indemnify the Insured against accidental breakage of glass as described in the Schedule

occurring during the period of Insurance up to the limit insured.

The company will also pay reasonable charges for the temporary boarding up of windows,

doors or skylights necessitated as a result of the accidental breakage of any of the glass

DEFINITION

Breakage excludes any disfiguration or damage other than fracture extending through the entire

thickness of the glass

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EXCLUSIONS

Breakage caused by fire, lightning, explosion, earthquake, riot, civil commotion.

Broken or cracked glass

Consequential loss

Cost of removal or replacement of any fittings, fixtures or other obstruction to replacement

Frames, framework of fittings

Lettering, painting, embossing, silvering, ornamental work, bent, stained, beveled or moveable

glass unless specifically insured

SUM INSURED

Replacement value of all the glass insured inclusive of the cost of any writing or ornamentation

if required

UNDERWRITING CONSIDERATIONS/INFORMATION REQUIRED

Does the proposer have other business with the company? If so, total amount worth

Location and occupation of premises

Is Premises undergoing renovation or adjoining premises undergoing renovation/

a. Dimensions of all individual panes

b. Description of glass plate glass, sheet glass

Sum insured of plate glass and ornamentation and writing

PERSONAL ACCIDENT

The intention of the policy is to provide compensation in the event of an accident causing death

or injury to the person/s insured

SCOPE OF COVER

The policy covers the insured against BODILY INJURY caused by VIOLENT, ACCIDENTAL,

EXTERNAL and VISIBLE MEANS resulting directly and independently of any other cause

within 12 calendar months in DEATH or DISABLEMENT or EXPENSES as stated below:

Death Capital Sum Insured

Permanent Disablement Such percentage of BENEFIT B as specified

in the Permanent Disability Scale

Temporary Total Disablement from attending

to or following the Insured‟s usual business

or occupation

BENEFIT C per week during such

disablement payable up to 140 weeks

Reasonable medical surgical hospital,

nursing home and nursing expenses or

charges necessarily incurred

The amount of such expenses but not

exceeding BENEFIT D

TERRITORIAL LIMITS Cover is 24 hours and Worldwide unless

specified otherwise.

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DEFINITIONS

1

„Bodily injury‟

Injury to the body and excludes injury to feelings

2

„Violent‟

Implies the actual force used but also includes caused

drowning, or the inhalation of poisonous gas and even

chocking on food

3

„Accidental‟

Something that is not expected or unlooked for mishap

4

„External and Visible

means‟

Any cause which is not internal and for purposes of

insurance any external caused would be considered as

visible

MAJOR EXCLUSIONS

Any pre-existing physical or mental defect or infirmity

Committing any unlawful act or willful exposure to danger

Intoxication by alcohol or drugs

Pregnancy or childbirth

Suicide or intentional self injury

EXTENSIONS

With Additional Premium Without Additional Premium

1. Amateur sports 1. Disappearance & Exposure

2. Big game hunting

3. Motorcycling

4. Mountaineering

UNDERWRITING CONSIDERATIONS/INFORMATION REQUIRED

Occupation

Provides details of types of business and exact description of the occupation as these indicate

the full extent of the exposure involved

Particular attention must be given to the Proposer‟s occupation. Replies of „Businessman‟ or

even „Manager‟ for that matter are not adequate to describe the occupation of a person. For

example „ Businessman‟ should be expanded to read as “ Motor Workshop owner/

Operator” or “ Sole Proprietor of coffeeshop” etc

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Age Limits

New proposals – The age limit is from age 18- 65 years.

Renewal cases – The age limit is up to 70 years

For continuance of existing cover after age 70, the Insured is required to produce a statement

from his doctor stating that he is bodily and mentally sound and free form physical infirmity

before renewal is invited

Benefit required

Claims experience – Avoid proposal with bad claims experience

Is there any other Personal Accident insurance in force? If so, please state amount and

benefits insured.

RENEWALS

No renewal should be accepted without the consent of the company when a claim has been

notified

If renewal notice has been issued and a claim is notified, the question of renewal will be

reconsidered

ACCOMODATION RISKS

Tractor drivers

Lorry drivers & attendants

Estates workers

Sawmill workers

EMPLOYER‟S LIABILITY

The policy is intended to protect the employer against legal liability towards his employees who

sustain injuries or diseases arising out of or in the course of employment. These categories of

employees are those who are not registered with SOCSO or otherwise insured under a

Workmen‟s Compensation policy.

SCOPE OF COVER

The policy indemnifies the Insured against his legal liability to pay:

Compensation, claimant‟s costs and expenses in respect to injury for which he is liable AND

All costs and expenses incurred with the Company‟s written consent

GEOGRAPHICAL AREA

Malaysia

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EXCLUSIONS

Accidental injury or disease sustained outside Geographical Area

Compensation to be paid under Workmen‟s Compensation laws

Employees of contractors

Waiver of subrogation

EXTENSION

Geographical area may be extended to Singapore pr Brunei upon payment of additional

premium.

LIMIT OF LIABILITY

To be determined by the Court of Law but the Company shall be liable up to RM 10,000,000

anyone claim and in the aggregate during the period of insurance.

UNDERWRITING CONSIDERATIONS/ INFORMATION REQUIRED

Premium will be charged based on the occupation of employees and wages paid during the

period

The proposal form must be properly completed providing detailed descriptions of the works

done by various employees.

WORKMEN‟S COMPENSATION

The policy is affected to comply with the Workmen‟s Compensation Ordinance which lays down

rules and regulations for the Employer and his liability to insure the workers. The law also lays

down the Scale of Compensation which an Employer is legally obliged to pay his employees or

dependants as the case may be.

DEFINITIONS

Workman is defined as:

Any person who has entered into works under a contract of service or apprenticeship with an

employer

Whether by way of manual labor or otherwise

Whether the contract is expressed or implied, or is oral or in writing

Whether the remuneration is calculated by time or by work done

Whether by day, week, month or any longer period

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Excluded from this definition are;

Non – manual workers whose earnings exceed RM500 a month

Casual workers

A domestic servant

Any person who is a member of the armed forces in Malaysia

Any member of the family of the employer who dwells with him in the same house

Earnings include actual money earned, any privilege or benefit being converted into money

value housing allowance, overtime payment and bonus payment excluding:

Travelling allowances or concession

Employer‟s contributions toward any provident or pensions fund

Any sum to cover any special expenses incurred by reason of the nature of his employment.

SCOPE OF COVER

If the Insured is liable to his employee under Workmen‟s Compensation Ordinance or Common

Law for accidents or occupational diseases arising out of and in course of employment, leading

to death or disablement, the Company will indemnify the Insured against all compensation made

to employee and all costs and expenses.

If any of the above torts can be established, a workman has the option of either seek relief or

compensation under the Ordinance or Common Law but not both. He can claim under Common

law successfully if negligence can be attributed to the employer and the quantum is based on the

decision of the Court in relation to the injuries sustained and loss of earning capacity. Under the

Ordinance, compensation is payable regardless of who is negligent.

MAJOR EXCLUSIONS

Insured‟s liability to employees of contractors

Employees who is not a “workman” within the meaning of the Ordinance

EXTENSIONS AVAILABLE

Employees of sub-contractors by including their wages and declaring the name of the sub-

contractor in the title of Insured. Use Tariff Endt W60 Employees (non manual) who earn above RM 500, including wages - Use Tariff Endt W76

Domestic Servants - Use Tariff Endt W76A

In respect of contract works, the policy can be extended to indemnify to principal in like

manner to the Insured but only so far as concerns the liability of the Principal to the

employees of the Insured. Use Tariff Endt W230 or Endt A&B for Government Projects.

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UNDERWRITING CONSIDERATIONS/INFORMATION REQUIRED

The business of the Insured must be clearly described

The place of work is also important

Past claim experience

The proposal form must be properly completed providing detailed description of work done

by various employees.

PUBLIC LIABILITY

The policy protects the Insured against legal liability in paying compensation for accidental

bodily injury or property damage to members of the public due to the negligence of the Insured

or his employees or defects in the premises, and legal costs and expenses happening in

connection with the Business and occurring during the Period of Insurance

SCOPE OF COVER

Accidental damage loss or damage to property

Accidental damage loss or damage to property

Legal costs recoverable by any claimant from the Insured

Costs and expenses incurred with written consent of the Company

EXCLUSIONS

Bodily injury to members of the Insured‟s family or household or employee

Expenditure incurred in re-doing or making good any work which the Insured has contracted

to do

Explosion of boiler or vessel operating under steam pressure

Fines, penalties or exemplary damages

Goods or containers sold, supplied, repaired, renovated, let on hire or handled by the Insured.

UNDERWRITING CONSIDERATIONS/INFORMATION REQUIRED

Details of premises owned or occupied

Description of type of work and activities carried out in the premises

Description of work undertaken away from premises or sub-contracted

Number and earnings of persons engaged in business

Limits of Indemnity insured.

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ENGINEERING INSURANCE

There are four principle headings under which plant may be grouped:

Boilers and pressure plant

The category includes super heaters, economizers, steam baking ovens and any other pressure

vessel. Indemnity is provided against damage to the boiler and surrounding property

consequent upon explosion or collapse.

Liability to third parties directly arising from the explosion or collapse of the boiler can be

covered.

Engine plant

This category includes steam-engines, gas and oil engines, diesel engines, air compressors and

refrigeration equipment. Indemnity is provided against mechanical breakdown and damage

surrounding property caused by flying fragments.

Liability to third parties directly arising from the breakdown can be covered.

Electrical plant

This category includes electrical motors, generators, transformers, turbines and the like.

Indemnity is provided against mechanical or electrical breakdown.

Liability to third parties directly arising from the mechanical or electrical breakdown can be

covered.

Lifting machinery

This category includes carne, hoist, passenger or goods lift and all lifting gear. This policy

provides property damage and third party liability directly arising from breakdown.

SURETY BONDS

In contrast to fidelity guarantee, surety bonds guarantee losses arising not only from dishonesty

but also failure to discharge duties properly. There are many types of bonds issued by insurance

companies.

The main types of surety bonds include:

Court Bonds

A court bond guarantees losses arising from failure to discharge duties by performing/firm

appointed by court. For example, when a person is appointed by a court to wind up an estate or

handle the affairs of someone, it usually requires a bond to be issued. The bond guarantees any

financial loss due to failure to perform duties by the appointed person.

Government Bonds

A government bonds guarantee that certain person/firm will comply with the laws or

regulations. There are a large number of different forms of government bond issued, but the

most frequently encountered are Customs and Excise bonds.

Customs are duties or taxes which are imposed upon goods imported or exported.

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Excise duties are those taxes which are imposed upon goods produced and consumed at

home on manufacturers and others for special privileges granted by Customs and Excise

The bond required is security by the Government for due payment of customs and excise

duties, together with the proper performance of specified conditions in the carrying on of

business in dutiable articles.

Contract Bonds

These are used for construction purpose. The common types of contract bonds are:

Performance Bonds

The performance bonds undertake to indemnify the principals against any failure on the part

of the contractor to execute the contract works in accordance with the specifications and

terms of the contract and within the time stipulated in the contract

Supply Bonds

The bond indemnifies the principals in the event the materials, goods or products supplied by

the contractor fall short of the standards set by the principals. A contractor must include a

tender bond whenever he submits his tender or bid.

Tender Bonds

The bond provides for payment to the principals of the amount guaranteed if the contractor

fails to enter into a contract with the principals after they have accepted his tender or bid.

5.2. LIFE INSURANCE

Life Insurance contract is an agreement between the insurer and the insured whereby the insurer

agrees to pay a sum of money to the insured or his beneficiaries on the happening of certain

events in return for the premium payments. The events in this contract for which the payment

are to be made can either be:

Death of the life insured

Upon maturity of the contract

The insured, in return, pays a regular sum (the premium) to the insurer for a specified term or

until the death of the life insured.

The application of insurable interest to life insurance is quite straightforward. The insured needs

only to have insurable interest at the time of affecting the life insurance contract

Life Insurance is necessary because it can provide (among other things) the following benefits:

Income Fund

In the event of premature death of the breadwinner, the proceeds from the life insurance

policy can act as an economic buffer to the family as it can provide financial support to the

deceased‟s family.

Education Fund

An education fund can be met through the purchase of life insurance. An arrangement can be

made whereby the policy will provide a lump sum when the child reaches age of 18 or 21.

Burial Fund

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Financial expenses are not substantial but they must settle immediately. The proceeds from

the life insurance policy can be used to pay off these expenses

Retirement Fund

Life insurance can be used to meet one‟s retirement needs. A person income is terminated or

reduced upon retirement. To maintain the standard of living, one can obtain the money from

the life insurance fund. An arrangement is made earlier with the insurer to have the life policy

maturing at a specified of time, for example when the policy holder reaches the retirement age

of 55 or 60.

Mortgage

In the event the breadwinner dies prematurely, the outstanding mortgage will be met by the

life insurance proceeds. This reduces the burden of the family members in coming up with

payments to settle the outstanding loans.

TYPES OF LIFE INSURANCE

The basic types of life assurance contracts are:

Term

The term insurance policy provides protection on the life of the individual for a specified

number of years. Sum insured is only payable if death occurs within a specified number of

years, nothing is payable if he survives till the end of the term. In other words, if the life

assured survives the term, the policy will be expiring.

Features;

Low initial premium due the fact that the protection is temporary

Protection for a specified period of time.

May be renewed for successive periods or may be converted to permanent contracts.

Premium increases with each new term.

A minimum cash value is available for term policies beyond duration of 20 years.

Types of Term Assurance

Level Term Assurance

Provides level coverage or protection for a specified period or term, say 10 years, 20 years,

or up to a specified age of the insured, say 55th birthday.

Sum assured payable upon death during term.

If survives, premiums will not be refunded.

Large protection or coverage for relatively low premium.

No or low cash value.

Individual or rider attached to a basic policy

RENEWAL TERM

Allows policy owner the option to renew the term policy at the end of the term.

No evidence of health is required.

Rate of premium is base on insured‟s attained age at the date of exercising the option. Limit

the age, say 60 or 65 years or limit the number of renewals.

Premium is slightly higher than for a similar non-renewable policy.

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CONVERTIBLE TERM

Allows policy owner the right to convert the term policy to a whole of life or endowment

assurance during the term of the policy for the same amount.

Evidence of insurability is not required.

Premium rate for either whole of life or endowment assurance will be based on the age of

the insured at the time of conversion.

Premium is slightly higher than normal level term assurance.

DECREASING TERM

The sum assured or coverage decreases each year over the term of coverage to zero

coverage at the end of the term.

Single premium or premium usually remains level during the period of coverage.

Endowment

Provides for the payment of sum assured (and bonus if any) upon the death of the life insured

during the term of the policy or upon the survival of the policyholder at the end of the term. For

example, a 20 year Endowment policy provides payment of sum assured at the end of the 20th

year or if the insured dies within the 20 years period of endowment.

This type of policy not only provides cover against death but also includes provision for

savings. At the end of an agreed period of time, a lump sum is received. This amount comprises

of the premiums paid plus bonuses.

PURE ENDOWMNET ASSURANCE

Pays a benefit only to those persons who survive a certain period of time, say 10 or 20 years.

Those who do not survive that period of time receive nothing.

Is the opposite of a term insurance policy.

Features;

Insurance plus rapid cash accumulation

Higher premium than term or whole life insurance

You can arrange the policy to coincide with future events.

Whole Life

Provides for the payment of sum assured (and bonus if any) upon the death of the life assured

upon reaching certain age such as 85, 90 or 100 years.

Premiums payments are normally paid throughout life. However, there are policies which have

a limited premium payment period.

Features;

Protection for life

Fixed premium

Growing cash value

Higher initial premium than term assurance

Should be purchased with the intention of keeping for life or a long period of time.

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PERSONAL ACCIDENT INSURANCE

The policy provides benefits in the event the insured person suffered bodily injury resulting

solely and directly from accident by outward, violent and visible means. The benefits provided

under the policy are in respect of death, disablement and/ or medical expenses arising from the

injury. In other words, Personal Accident Insurance pays an agreed upon amount of

compensation if the insured person is injured or killed in an accident. It does not usually cover

the consequences of illness or disease.

Depending on the type of injury, different types of compensation are paid. Lump sums,

sometimes called capital sums, are payable for accidental death or permanent disablement, such

as the loss of sight or leg.

Temporary Total Disability

Weekly benefits of RM8 per RM1,000 sum assured (75% of weekly earnings) subject to a

maximum 104 weeks

E.g. if sum assured is RM50,000, max payable is RM400 per week

Temporary Partial Disability

Weekly benefits of RM2 per RM1,000 sum assured subject to a maximum of 104 weeks

If sum assured is RM50, 000, max payable is RM100 per week.

Medical Fees & Expenses

Reimbursement, up to RM20 per RM1000 sum assured.

E.g. sum assured of RM50,000, max reimbursement is RM1,000

Double Indemnity

Sum assured payable is doubled if accidental death while traveling in or boarding any

public transport on land excluding taxis.

E.g. if sum assured is RM50, 000, amount payable is RM100, 000

o Exclusions and restrictions

War-related accidents, declared or not

Accidental caused by self-inflicted injuries-suicide, unsound mind

Accidents resulting from aviation activities other than as a fully licensed passenger

Accidents resulting from illegal activities

Pregnancy, childbirth, abortion or miscarriage, illness or any kind of venereal disease,

AIDS, HIV, fits etc

Engaging in hazardous activities; mountaineering, polo, racing of any kind, winter sports,

boxing, wrestling, martial arts unless previous consent of the company

Radioactivity from any nuclear fuel or waste

Expiry date - age 65 years

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HEALTH AND MEDICAL INSURANCE

The policy basically covers two aspects. There are;

Disability income insurance

Provides periodic payments when the insured is unable to work because of sickness or injury.

The amount payable is normally a percentage of the insured‟s monthly income

Medical expense insurance

Pays for medical cost resulting from injuries or sickness. These include hospitalization charges,

physician fees and other necessary expenses incidental to the injuries. The amount paid for

each items is subjected to certain percentage of ach costs incurred up to a certain maximum

amount.

BENEFITS

Hospital and Surgical Benefits

Room and Board

Intensive Care Unit

Surgical Fees

Operating Theatre

Anesthetist's Fees

In-Hospital Physician‟s Visit

Hospital Miscellaneous Services

Pre-Hospital Diagnostic Test

Post-Hospitalization Treatment

OUT PATIENT BENEFITS

Emergency Out-Patient Treatment, Accidental Only

Emergency Accidental Dental Treatment

Ambulance Fees

Cancer Treatment

Kidney Dialysis

CASH ALLOWANCE

At Government Hospitalization

On Malaysian Highway

Worldwide cover and 24 hours a day

Deductible amounts- insured must pay before insurance company make any payments

Per cause by a single illness

Calendar year

Exclusions & Limitation

Pre-existing conditions

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78

Specified illnesses occurring within 120 days from date of coverage

Hypertension, diabetes and cardiovascular disease

All tumors, cancer, cyst, polyps, urinary stones

All ears, nose and throat conditions

Hernias, hemorrhoids, fistulae, hydrocele, varicocele

Endometriosis including disease of Reproductive system

Vertebro-spinal disorders and knee conditions

Waiting Period of 30 days for treatment of sickness

Treatment for any injury or sickness resulting from war or any act of war, criminal or

terrorist activities, strikes, riots and civil commotion

Cosmetic surgery, routine eye or ear examination, hearing aids unless such corrective surgery

is required due to accidental injury

Dental treatment or oral surgery unless due to accidental injury

Pregnancy, childbirth, abortion, birth control, sex changes, treatment of infertility, erectile

dysfunction expenses

Voluntary confinement for physical health examinations not related to a disease or injury

Intentional self-inflicted injury, suicide, criminal act

Ionizing radiation or contamination by radioactivity from any nuclear fuel or waste

Preventive treatment such as vaccinations

Mental or nervous disorders

HIV, AIDS and VD related diseases

Expenses of non-medical nature, TV, telephones, radio etc

Any H & S expenses paid by other insurance organizations and under Workman‟s

Compensation

Private flying other than as a fare-paying passenger in a commercial schedule airline

Not a citizen of Malaysia or reside overseas > 90 days

INVESTMENT LINK POLICY

A life insurance policy where the protection and investment element is unbundled.

The premiums are used to purchase units in investment funds.

The policies values are directly linked to investment performance of the funds.

The values of policy are linked to units in a special unitized fund, and fluctuate according to

the performance of investment.

The benefits are market value of the investment at time the benefits are paid.

The investment fund can be in equity, fixed income, bond, money market etc.

The investment funds may be managed internally or externally.

The insurance charges are deducted from the fund to pay for chosen insurance coverage.

Clear separation between policyholders and company funds.

Advantages

Protection Flexibility, Level or increasing

Premium Flexibility, premium holiday, top-up

Investment Flexibility, a few investment funds to invest

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Disadvantage

Riskier, if stock market fails to perform well

Premiums / Top-UP

Unallocated

Premium

Life Office

(To meet marketing

and set-up expenses)

( Initial Charges)

Allocated

premium

used to buy

units from

investment-

linked funds

at offer price

Units belong

to poliyownerCancel Units

(To pay mortality charge

& policy fee)

• Surrender claim

• Withdrawals

• Death claim

How an investment-linked life insurance policy works?

Investment

Funds

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74

Investment-Linked Policy

Level Cover – RM100,000

0

20000

40000

60000

80000

100000

120000

140000

160000

180000

200000

35 40 45 50 55 60 65 70 75

45k

55k

80k

20k

110k

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75

Investment-Linked Policy

Increasing cover - RM100,000

0

50000

100000

150000

200000

250000

35 40 45 50 55 60 65 70

30k

100k

75k

100k

110k

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5.3. TAKAFUL

ISLAM IS AD DEEN

Muslims are supposed to adhere to Islamic Laws all the time and not just some of the time

“O you who believe! Enter into Islam wholeheartedly” (Al-Baqarah : 208)

“And if anyone fails to judge by the light of what Allah has revealed they are no better

than wrongdoers” (Al-Maidah : 45)

“This day I have perfected your religion for you, complete My blessing on you and

approve Islam as the way of life for you” (Al-Maidah : 3)

Islam

AKHLAQ

Moralities & Ethics

Social Activities

AQIDAH

Faith & Belief

SHARIAH

Practices & Activities

IBADAH

Man-to-God Worship

MUAMALAT

Man-to-Man Activities

Political

Activities

Economic

Activities

Financial – Bank/Takaful

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SOURCES OF SHARIAH

Primary Source:

Qur‟an

the Qur‟an being a divine revelation is the supreme source of law for the Muslims

The Qur‟an lays down broad principles and rules covering the whole sphere of human life;

“We have neglected nothing in the book” (Qur‟an 16:89)

It is “a book there is no doubt in it - a guidance unto those who guard (against evil)” (Qur‟an

2:2)

Sunnah : the sayings, deeds and approval of Prophet Muhammad;

The Qur’an orders Muslim to also obey the Sunnah from the Prophet because sunnah

explained the Quran‟s principle:

Example: How to perform Solat.

“Whoever obeys the Messenger, he indeed obeys God” (Qur‟an 4:80)

“O you who believe, obey God and His Messenger” (Qur‟an 8:20);

Secondary Source:

Ijtihad : independent judgment by :

o Ijma‟

juristic consensus opinion;

The unanimous agreement of mujtahidin of the Muslim Community of any period following

the demise of the Prophet Muhammad SAW on any matter.

o Qiyas : reasoning by analogy;

The extension of Shariah value for the original case (asl) to a new case because the latter has

the same (illah) effective cause as the former.

EVERYTHING THAT IS NOT PROHIBITTED IS PEMISSIBLE

Nothing is haram except what is prohibited by a sound and explicit Nas from Allah”;

Nas denotes a Qur‟anic verse or a clear, authentic and explicit sunnah;

“And God hath made of service unto you whatever is in the heavens and whatsoever is in

the earth; it is all from Him. So herein verily are signs for all who reflect” (Qur‟an 45:13);

“He (Allah) has explained to you what He has made haram for you” (Qur‟an 6:119);

other references (Qur‟an 31:20 & 2:29);

“The sphere of prohibited things is very small while that of permissible things is

extremely vast”.

The Holy Prophet was reported to have said “God has enjoined certain enjoinments, so

do not abandon them. He has imposed certain limits, so do not transgress them. He has

prohibited certain things, so do not fall into them. He has remained silent about many

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84

things, out of mercy and deliberateness, as He never forgets, so do not ask me about them”

(translation of a hadith reported by al-Darqutni);

DIFFERENT LEVEL OF RULING

Fardu or Wajib: an obligatory duty, the omission of which is punishable;

Mandub or Sunnat: an action which is rewarded but omission is not punishable;

Jaiz or Harus: an action which is permitted and the law is indifferent;

Makruh: an action which is disliked yet not punishable, but the omission is rewarded;

Haram: an action which is absolutely forbidden and punishable;

DIYAT (BLOOD MONEY) A Pagan-Arab custom later adopted and refined with the advent of Islam;

Family of the saline chooses to accept monetary compensation instead of seeking vengeance;

Examples of compensation:

o 100 camels (or 1,000 dinars paid over 3 years) for death;

o 1/3rd for deep wound;

o 5 camels for loss of hand, eye or tooth;

The whole community contribute to a common fund to help the killer pay the compensation;

ISLAMIC LAW RELATING TO BUSINESS

Does Islam permit doing business?

Freedom to contract;

Scholars‟ views on Insurance;

Objectional elements in the insurance contract :

Gharar (uncertainty);

Maisir (gambling);

Riba (usury);

GHARAR

deficient clarity regarding the subject-matter;

open-ended contracts contain gharar;

presence of gharar may render the contract void depending on the degree - whether

excessive, trifling or average?;

opinions on the tolerable level vary;

Islam objects if gharar leads to exploitation;

all gambling contracts have excessive gharar but not necessarily all gharar contracts are

gambling;

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FORBIDDEN CONTRACT

Habal al-habalah : sale of the offspring of a still-to-be-born animal;

Mulamasah : sale of fruits prior to ripening;

Al-bayatayn fibayah : sale where two different prices are quoted;

Bai‟ Al-hassat : a customer purchases cloth by tossing a piece of stone. The piece of cloth

on which the stone falls is the one purchased;

GHARAR IN SUMMARY

Uncertainty (or lack of information) on the subject-matter being contracted with regard

to:

o its attributes (quality, specification);

o its existence or availability;

o its quantity (or price or both);

o the time of completion and delivery;

Not uncertainty as to the business outcome but the subject-matter as this could lead to

injustice / exploitation;

The Insurance contract are said to be in gharar when:

according to Ibn Taymiyyah gharar occurs when one party takes what is due to him but the

other does not receive his entitlement ;

gharar in insurance pertains to “deliverability” of the subject-matter; that is uncertainty as

to:

o whether insured will get the compensation promised?;

o how much the Insured will get?

o when the compensation will be paid?

PROHIBITION OF GAMBLING

according to Ibn Taymiyyah gharar occurs when one party takes what is due to him but the

other does not receive his entitlement ;

gharar in insurance pertains to “deliverability” of the subject-matter; that is uncertainty as

to:

o whether insured will get the compensation promised?;

o how much the Insured will get?

o when the compensation will be paid?

PROHIBITION OF USURY

Although Islam permits trade, this must be done by mutual consent and without

exploitation;

“O you who believe, devour not usury, doubling and quadrupling, the sum lent. Fear Allah

and observe your duty to Him, that you may really prosper” (Qur‟an 3:130);

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86

“they say „trade is just like usury‟ whereas Allah has permitted trade and forbidden usury”

(Qur‟an 2:275);

TYPES OF RIBA

Riba Duyun – arising from debt

Riba Jahiliah - penalty for failure to repay debt;

Riba Qardh - excess agreed to at point of contract;

Riba Buyu -transaction of ribawi items

Riba Fadhl - excess in weight, volume, quantity;

Riba Nasiah - difference in time;

GENERAL THEORY OF ISLAMIC INSURANCE

The Shariah solution to the problem;

Concepts of :

o Tabarru‟;

o Takaful;

o Mudharabah;

One working model;

The source of the objection;

CONCEPT OF TABARRU‟

Solution is to change the basis of thr contract from one of exchange to one based on tabarru‟;

Tabarru‟ is a donation with condition;

Tabarru‟ eliminates gharar, maisir & riba;

invest in Shariah approved investments;

CONCEPT OF TAKAFUL

“Kafal” means to take care of one‟s needs ;

concept based on solidarity, shared responsibility & brotherhood among members;

contributions made with intention of tabarru‟;

not an exchanged contract;

the operator does not own the fund but merely acts as its custodian;

surplus shared on mudharabah basis;

need to emphasise on the beauty of tabarru‟;

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6. MARKETING OF INSURANCE AND TAKAFUL PRODUCTS

6.1. Principles And Concepts

6.2. Marketing Fundamnetal And Distributions System

6.3. Types Of Takaful Business

6.4. Takaful Vs Conventional

6.1. PRINCIPLES AND CONCEPTS

A General Insurance Company does not operate in a vacuum. Its operations are influence by

various external and internal forces. These forces influence the Persons running the company

and the operation of the Company largely depends upon the Persons. Persons here refer to the

Management who is accordance to their Human Element, Education Background, Experience

and Institutions not only influence the way the Company is run but also its staff compositions.

The marketing fundamentals are any business (General & Life Insurance, Takaful) must identify

its customers. Then they should determine the types of products their customers want and

distribute those products to its customers in a convenient, timely and economical manner.

The marketing functions are major specialized activity or group of activities perform in the

marketing of goods and services.

The principles of marketing function are as follows:

Organization by Function

MD/CEO

Marketing Claims

AdministrationInvestments

Policyowner

ServiceUnderwriting Actuarial

AccountingCorporate

Actuary

Human

Resources

Information

System

General

Counsel

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88

Organization by Product/s

MD/CEO

Individual Insurance Investment Group Insurance

Accounting Corporate Actuary

Human Resources

Information System General Counsel

Marketing

Policyowner Service

Underwriting

Actuarial

Claims Administration

Investments

Marketing

Policyowner Service

Underwriting

Actuarial

Claims Administration

Investments

Organization by Territory

MD/CEO

Regional Headquarters Corporate Headquarters

Accounting Information Systems

ActuarialLaw

Human Resources

Accounting General Counsel

Information Systems Corporate Actuary

Human Resources Investments

Individual Insurance Group Insurance

Marketing

Underwriting

Policyowner

Service

Actuarial

Claims

Administration

Marketing

Policyowner

Service

Underwriting

Actuarial

Claims

Administration

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6.2 MARKETING FUNDAMENTAL AND DISTRIBUTION SYSTEM

Marketing fundamentals:

Any business must identify its customers

Determine the types of products its customers want

Distribute those products to its customers in a convenient, timely and economical manner

Market-driven vs. Product-driven organization

o Market-driven organization

Is one that is shaped by and responsive to the needs of the marketplace and the

consumers

Determine the needs of its customers and satisfy those needs by developing and

distributing appropriate products at competitive prices

o Product-driven organization

Place great emphasis on selling sound products that they believed were needed by

consumers

Sell products the company has developed

DISTRIBUTION SYSTEM

Ordinary agency system

Most common insurance distribution system, report to only 2 principals

Agency can be individual or company (corporate nominee)

Main activities include soliciting new business applications, collecting premiums, and

provide services to policy owners

Remunerated by commission depending on the volume of its business including profit

commission

PIAM has made a ruling that all general agents must undergo CPD training of 20 hours in

a year, while for life agent, 30 hours per year

Home service system (life companies)

Sell policies and provide service only to home service insurance products

policy owners who live in specified geographic areas

Each agent operates in a defined territory and responsible to collect renewal

premiums from policy owners

Usually paid salary and also remunerated by commission

Brokerage system

Represent client‟s interest

Sell insurance products of more than one company

Usually provide competitive products at competitive price, put insured's interest first

Remunerated by commission on business solicited

Salaried sales distribution system

Personnel are salaried employees of insurance company, and to sell company products and

provide services to their policy owners

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90

Personnel may work either independently with agents or independently themselves

Often used to distribute group insurance products, and individual products

Direct response distribution system

Relies on advertisements, telephone soliciting and mailing to generate sales

Consumer purchase products directly from the company by responding to the company‟s

advertisements, mailings, and telephone

No agents or staff visit customers to induce sales

Retail outlet system

Distributes insurance products by locating staff or agents in places where consumers

generally shop, such as department stores

MARKETING OF TAKAFUL

Syarikat Takaful Malaysia does not adopt the agency for its channel of distribution. Instead the

company employs the direct marketing method by establishing its own branch networks and

„takaful desk‟ at the branch offices of the Islamic Bank at the district offices of the Pilgrimage

Management Fund Board (a government statutory body)

Retakaful

It should be noted that „retakaful‟ goes along with takaful business as it would not be possible

for Syarikat Takaful Malaysia, however strong it is financially, to meet all the losses form it

resources.

In the case of Syarikat Takaful Malaysia, its Religious Supervisory Council has agreed that, in

view of the necessity of retakaful of the company can enter into retakaful arrangement with

the conventional insurance/reinsurance companies with the following conditions:

It should not receive any commission from its reinsurance and reinsure on net premium

basis

It should not pay any interest on the premium reserve (takaful contribution) retained by from

its reinsurer.

As Islamic insurance companies do not and cannot participate in the losses suffered by the

reinsurers from their own business, Syarikat Takaful Malaysia cannot receive any profit

commission from its reinsurers

It cannot receive inward retakaful cession from the conventional insurance or reinsurance

companies.

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6.3. TYPES OF TAKAFUL BUSINESS

The commercial activity of takaful is reflected in two basic types of business that it undertakes.

As a composite company, Syarikat Takaful Malaysia for example, as prescribed in the Takaful

Act 1984, transacts both types of takaful business. The types of businesses are as follows:

Family Takaful Business

The plans generally are long term al Mudharabah contracts. Basically a Family Takaful Plan

provides covers of mutual aid among its members or participants expressed in the form of

financial benefits paid form the Family Takaful Fund should any of its members be inflicted by

a tragedy.

Family Takaful Plans are designed to serve requirements of both individual and corporate

sectors. A Family Takaful Plan for the individual sector is a long term saving and investment

programme. Apart from the benefit of enjoying investment profit, the plan also provides

mutual financial assistance among its participants. Thus, the Family Takaful Plans would

enable any individual to participate in takaful business with the following objectives:

To save regularly for a fixed period with a view of creating a kind of retirement or long term

contingency

To invest with a view of earning profits in a manner acceptable to Syariah this in turn would

lead to further accumulation of saving.

To avail of cover in the form of mutual financial aid from payment of takaful benefits to

heirs should a participant die before the maturity of his Family Takaful Plan

Takaful – Family Model

Tabarru – Donation defined as relinquished

to form a part of mutual assistance

Mudharabah (investment) to form a part of

the solidarity to share the profits

accordingly

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General Takaful Business

For the General Takaful Business, the scheme usually on a short-term basis. These schemes

provide protection in the form of mutual financial help to compensate its members or

participants for any material loss, damage or destruction that any of them might suffer arising

from a catastrophe, disaster or misfortune that might inflict upon his properties or belongings.

The General Takaful Scheme are designed to meet the needs for both protection of both

individuals and corporate bodies in relation to material loss or damage consequent upon a

catastrophe or disaster inflicted upon properties, assets or other belonging of its participants.

Takaful – General Model

Mudharabah

(investment) to form a

part of the solidarity to

share the profits

accordingly

Tabarru – Donation

defined as relinquished

to form a part of mutual

assistance

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Framework of Takaful– Mutual Joint

Guarantee Takaful, a mutual joint guarantee based on the virtue of fairness,

brotherhood and solidarity.

Objectives – Mutual Cooperation based on Solidarity.

“Insured” are Participants of the scheme who come together and jointly guarantee each other. (Tabarru)

“Insurer” is the group of Participants who pool their resources to guarantee each other in that particular takaful scheme or plan

Takaful Operator (Mudarib) managing the takaful plan and investments for the participants.

BASIC PRINCIPLES OF TAKAFUL APPLIED TO TAKAFUL

A person who participates in any family takaful plan is called a participant. The family

takaful plans have a defined period of participation. 15 years or 25 years (General Takaful is

a short term – one 1 year plan)

The takaful company and the participant will enter into a long-term takaful contract, (Family)

and a short term contract (General)

The takaful contract spells out clearly the rights and obligations of the parties to the contract.

The participant is required to pay regularly the takaful installments in consideration for his

participation in the takaful plan.

The person who wishes to participates in any family and or general takaful plan must first

apply to the operator join the scheme.

A standard application form is usually used. Participants need to answer all questions and

provide details in utmost good faith. The application form is the basis of the Takaful contract.

Participants may need to undergo medical check-up as required by the operator.

Takaful agent being an agent of the operator has specific roles to play in the application

process. The agent shall assist the participant to complete the application form.

In general, the agent‟s roles are: (1) to ask questions posed in the application form to the

applicant clearly and carefully to get the true and complete answer and (2) to observe the

applicant‟s behavior and to inform the operator of any peculiarities that may affect the

underwriting decision.

The participant will decide the amount of takaful instalments that he wishes to pay, but such

an amount shall be subject to the minimum sum as determined by the company.

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Each takaful instalment paid by the participant shall be divided and credited by the takaful

company into two separate accounts, namely the participant‟s account and the participant‟s

special account. A substantial proportion, for example, such as 93% of this instalment is

credited into his participant‟s account solely for the purpose of his savings and investment.

The balance is credited into his participant‟s special account as tabarru‟ for the purpose of

mutual help.

Mutual financial assistance such as takaful death benefits to fellow participants is paid from

the participant‟s special account. What proportion of the takaful installment to be

relinquished as tabarru‟ and credited into the participant‟s special account is determined

based on sound actuarial principles.

The takaful instalment credited into these two accounts will be pooled as a single fund for the

purpose of investment activities undertaken by the takaful company in a manner permitted by

the Syariah.

Any profits generated from the investment shall be shared between the participant and the

company in a ratio to be mutually agreed between the participant and the company in

accordance with the contract of Al-Mudharabah. For instance, if the ratio agreed is 70:30

then the participant shall be entitled to 70% of the profits whilst the company shall be entitled

to 30%

The participant‟s share of the profits shall be credited into his participant‟s account. With the

accumulation of such profits, the balance in the participant‟s account will increase over a

period of time

Products of Family takaful are mainly differentiated by the purpose or objective of the plan.

However, the insured peril in Family takaful plan is the participant‟s life itself.

Injuries and disablement to the participant can be included if the participant choose the

respective riders in the protection plan. (the Insured peril of this rider is when he/she

becomes hospitalized- for example)

Riders are additional benefits that participants can have by paying additional contributions.

Eg. Total & Permanent Disability, Hospitalization & Surgical, Critical Illness, etc.

Participants cannot have riders‟ protection without having the basic family plan.

If a participant “surrenders” his takaful plan, the following takaful benefits shall be paid to

him:

The total amount of takaful installments paid by the participant during the period of his

participation plus his share of profits from the investment of the takaful installments

credited into his participant‟s accounts.

The net surplus allocated to his participant‟s special account as shown in the last valuation

of the participant‟s special accounts.

In the event that a participant is compelled to surrender or withdraw from the takaful plan

before the maturity of his takaful plan, he shall be entitled to the surrender benefits.

The participant is entitled to receive the proportion of his takaful installments that have been

credited into the participant‟s account including his share of investment profits. However, the

amount that has been relinquished as tabarru‟ will not be refunded to him.

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6.4. TAKAFUL VS. CONVENTIONAL

TAKAFUL

Sources of laws are based upon Divine revelations (Holy Quran and Hadith)

Community well-being optimizing operations for affordable risk protection as well as fair

profits for the operator.

Takaful contract specifies in advance how and when profit/surplus and/or Bonus units will be

distributed.

Initial capital supplied by Rabb al Mal (Participants) or paid in via premiums / contributions

from participants.

Coincidence of interests between policyholder and operator as appointed by participants.

Losses retained within classes of business written and sole obligation of Participants.

Right of insurable interest is determined by Islamic principles of Faraid (inheritance).

Insured may not "profit" from insurance and entitled to compensation only for repair or

rebuild or replacement.

Agents are employees of the Takaful or indirect agents of the Takaful Operator and any sales

commission should be disclosed.

CONVENTIONAL

Sources of laws & regulations are set by state and man-made.

Profit-motive, maximizing returns to shareholders.

Profits and/or Bonus units to be returned to policyholders as determined by managers and

Board of insurer.

Initial capital supplied by shareholders.

Separation of policyholder and insurer with differing interests

Transfer of losses among insurance pools and from policyholders to shareholders.

Right of insurable interest is vested in the Nominee absolutely in Life insurance.

Insured may elect cost or replacement cost valuation and claim accordingly whether or not

they chose to rebuild property.

Agents and Brokers are typically independent from insurer and paid a fee from the premium

charged to policyholders that is not disclosed.

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7. UNDERWRITING

7.1. Introduction To Underwriting

7.2. Characteristic To Physical & Moral Hazards

7.3. Basic Principles Of Underwriting The Main Classes Of Insurance

7.4. Rating

7.5. Premium Payment

7.6. CBC Regulation

7.1 INTRODUCTION TO UNDERWRITING

Underwriting can be defined as a process of assessment and selection of risks, and the

determination of premium, terms and conditions. In any insurance plan, the insured is required to

make a contribution known as premium into commons fund which is used to pay losses. To

ensure that sufficient funds will be available to pay claims, the insurer must:

Guard against anti selection

Charge a premium that is commensurate with the risk transferred

7.2. CHARACTERISTIC TO PHYSCAL AND MORAL HAZARDS

Physical hazards are a physical chance that increases the condition of loss. Examples of

physical hazard include wooden construction of building and poor mechanical condition of a

motor car. The following are some factors which may reveal physical hazards in various

classes of insurance:

Fire Insurance

Type of construction

Height of building

Nature of goods stored

Motor Insurance

Cubic capacity

Age and condition of vehicle

Use of vehicle

Burglary Insurance

Nature of stock

Situation

Type of construction

Moral hazard is a character defect in an individual that increase the chance of loss. Examples

of moral hazard include dishonesty, carelessness and unreasonableness. The following are

some forms of moral hazards:

Carelessness

This is the most common form of moral hazard. It may arise from the insured himself, his

employees or third parties

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Unreasonableness

It arises during claims settlements when the insured attempt to make unreasonable demand

for compensation.

Fraud

The deliberate destruction of faking a loss by the insured who is in financial difficulties

The exaggeration of claims amount with the intention of cheating the insurers.

7.3. BASIC PRINCIPLES OF UNDERWITING THE AIN CLASSES OF

INSURANCE

INDENTIFICTAION AND EVALUATION OF RISKS

When a proposal is submitted for insurance, the underwriter will need to identify and evaluate

the physical and moral hazards associated with the proposed risk. The information relating to

the hazards can be obtained from the proposal from completed by the proposer. However, if

additional information is required, the underwriter may take one more of the following

actions.

Request for survey

Make direct inquiries

SELECTION OF RISKS

In general, an underwriter will not reject a proposal unless the physical and/ or moral hazards

associated with it are considerably bad so as render the risk uninsurable. However, he is less

willing to accept risk with poor moral hazards because they are more difficult to deal with.

For instance, when fraud exist, no increase in premium will be adequate to cover the risk.

DETERMINATION OF PREMIUMS, TREMS AND CONDITIONS

Premium is the price for insurance. For the majority of classes of insurance, it is the premium

rate per unit of coverage multiplied by the number of units of coverage required. The rate per

unit coverage can be expressed either in term of RM X per cent or RM X per mile. The unit of

coverage is measured differently according to the type of insurance. In determining the

premium for risk, the underwriter should ensure that the arte charged reflects the degree of

hazard and the total units of coverage required reflect the value of risk transferred; otherwise

the premium charged will be inadequate to pay losses.

When two risks of equal values are submitted for insurance, the risk with normal hazards will

be charged a normal standard premium rate, while the risk with abnormal or poor hazards will

be charged a higher premium rate.

The terms and condition to be imposed will depend on whether the risk accepted presents

normal or abnormal hazards. Risks with normal hazards are accepted on the standard terms

and conditions for that class of insurance.

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Risks with abnormal hazards are acceptable subject to the following underwriting measures:

Risk Improvement

Requires the proposer to undertake certain improvements such as installation of fire alarm

on the risk before it is acceptable to the underwriter

Warranties

These are imposed to control hazards and to ensure that additional/ new hazards are not

introduced during currency of the policy

Exclusions

Inserting a clause to exclude the insurer‟s liability from certain losses which otherwise and

under normal circumstances, they should be covered under the standard policy cover

Restricted Cover

The proposer is offered a lower insurance coverage than the one that he originally

requested

Excess

The insured is required to bear a specified amount or portion of every loss

Franchise

Similar to excess, the insured will not be able to claim if the loss amount is lower than the

franchise amount. However a contradict nary to excess, if the loss exceeded the franchise

amount, the insured will not required the franchise amount. Apart from marine insurance,

franchise is rarely used in general insurance.

CONFIRMATION OF ACCEPTANCE

The insurer will usually issue a cover note or e-cover in the case of motor insurance, as

evidence of temporary cover until the policy issued.

REINSURANCE AND CO-INSURANCE

Reinsurance is an arrangement whereby the insurer reinsurance (cedes) the part of the risk

assumed which is in excess of his retention to the insurers

Co insurance is an arrangement between two or more insurers to share the original risk and

each insurer is directly responsible for the proportion of the risk insured.

7.4. RATING

Types Of Rating

Individual Rates

When an underwriter determines the rate to be charged on each risk separately without

referring to an established formula or manual, the rate determined is an individual rate.

Individual rates which are determined by the judgment of the underwriter are known as

judgmental rates. Judgmental rates are used when there is lack of a large number of

similarly insured risks or credible statistics.

Class Rates

Where there is a large number of a risk to be insured under a class of insurance, it is

possible to classify the risk by certain characteristics into various classes.

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The main objective of classifying risks on the basis of similar characteristics is to establish

a premium rate known as a class rate for that class of risks which will generate sufficient

premium to cover losses arising from that class of risk.

In practice, a class rate is determined for each class of risks. A class of insurance with

numerous classifications will have numerous class rates. When class rates are compiled in a

manual, the rates are known as manual rates. A class rate can be determined by using

simple formula:

Total Loss/ Total Value of Risk X 100 = Rate per RM100 Sum Insured

Merit Rates

A merit rating plans is a combination of class rating and individual rating. When a risk is

subject to merit rating, the underwriter will determine the class rate and then adjust rate

upwards or downwards depending on the merits of the risk. The merits of the risk will be

determined through the evaluation of physical factors associated with the risk. Merit rating

is used in many classes of insurance including fire, motor, workmen‟s compensation and

burglary insurance.

Gross Premium Rate

The gross premium rate is made up off four components:

Pure premium rate

Expenses and commission margin

Contingency margin (provision for variation in losses)

Profit margin

One of the methods for determining the gross premium rate is by making such additions required

to provide for the other components to the pure rate. The additions required, referred to a s

loading, for example, if the loading required for other components is 40%, the gross premium

rate is determined by increasing the pure premium rate by 40%

Gross Premium Rate = Pure Premium Rate x 140/100

The insurer has to carry out further investigations as to the level of expenses experienced, cost of

capital, influence of competition and other similar factors, before arriving at a loading figure.

Tariff Rating

The rating of fire, motor and workmen‟s compensation insurance is governed by their

respective tariff formulated by PIAM. The main objective of a tariff is to ensure that price

competition among insurers will not go below the economic level.

Tariffs formulated by PIAM provide the following information:

A schedule of minimum rates for different classes of risk

Surcharges on special hazards associated with each class of risk

Discounts for various improvements on the risk

General rules and regulations governing the practice of insurance

Wordings for standard policy forms, endorsements, clauses, warranties, etc

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Fire Tariff

The tariff applies to all insurance covering File whether issued in the Fire or Miscellaneous

Department other than Engineering or Cargo Insurance except to extent otherwise provided.

Among the tariff conditions are:

Commission/ brokerage/ co insurance cost are standardized

Risks are classified into various occupational hazards/ construction hazards and the

respective rate stated in the tariff must be the minimum rates to be adhered to.

Motor Tariff

The agreement provide standard policy wording for each type of insurance cover, and general

regulation pertaining to the computation of premium, transfer of interest policy, cancellation

of policies, cover notes, certificates of insurance, extensions of cover available.

This tariff only applies to any motor vehicle which is licensed for use on public road

Cash before cover must be strictly observed whereby an insurance company can only issue

cover notes or policies upon the insured paying the insurer.

A no claim discount is allowed accordance with the scales and rules calculated on the net

renewal premium for such part of the insurance as is renewed in respect of each vehicle.

7.5. PAYMENT OF PREMIUM

PREMIUM WARRANTY – SIXTY DAYS PREMIUM WARRANTY

CLAUSE

Under the ruling, the insured is required to pay premiums charged for the insurance within 60

days from the effective date of insurance cover.

If the premium is not paid by the 60th

day, the insurance cover will be cancelled from the 61st

day and the insurer shall entitled to the pro rata premium for the period they have been on risk

For the purpose of this warrantee, any payment received by the insurer and the onus of providing

that unauthorized person its agent received the premium payable shall lei on the insurer.

The Premium Warranty states that:

„Its fundamental and absolute special condition of this contract of insurance that the premium

due must be paid and received by insurer within 60 days from the inception date of this policy/

endorsement/renewal certificates. If this condition is not complied with, then this contract is

automatically cancelled and the insurer shall be entitled to the pro data premium of the period

they have been on risk.

Where the premium payable pursuant to this warranty is received by an authorized agent of the

insurer, the payment shall be deemed to be received by the insurer for the purposes of this

warranty and the onus of proving that the premium payable was received by a person. Including

an insurance agent, who was not authorized to receive such premium shall lie on the insurer‟

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7.6. CASH BEFORE COVER REGULATIONS

The Insurance Regulation 1980 commonly known as „CBC” Regulations and was enforced on 1

November 1980. Presently, the regulation is applicable not only to Motor Insurance business but

has also been extended to personal accident and travel insurance effectively from July 1, 2007

In the case of motor insurance, it has been prescribed by the law that motor insurance cover can

only been issued by insurers on their agents on a CBC basis. This means that the premium must

be paid before a motor insurance cover note or policy can be issued.

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8. CLAIMS

8.1. Overview And Introduction To Claims

8.2. Notification of Loss

8.3. Settlement Of Claims

8.4. Recoveries For Reinsurance, Co Insurer, Subrogation And Contribution

8.5. Repudiation Liability By Insurers

8.6. Average Claim

8.7. Claim Settlement Agreement

8.8. Disputes

8.9. Post Settlement Action

8.1. OVERVIEW AND INTRODUCTION TO CLAIMS

An insurance contract is a document with a promise to pay if certain events happen. Since paying

of claims is what insurance is all about, the ultimate test of a responsible and efficient insurer is

the promptness and fairness with which it compensates the economic loss of the insured‟s and

effectively indemnifies them for third party liability.

8.2. NOTIFICATION OF LOSS

Immediate to notification of loss is expected

Whenever a loss occurs, it will be a condition of most policies that the insurer be given notice

of the loss immediately. Depending on the wording of the notification condition, notice may be

verbal or written and it may require the insured to furnish full particular the loss occurs within

a stipulated period. In addition to the requirement to notify the insurer immediately, the insured

is bound by the duty of utmost good faith to act as if uninsured including taking steps to

minimize loss.

Checking coverage

Once notice of loss is received the claim official makes a preliminary check to see if valid

claim exists. When making a preliminary check on a claim, the claim officially may, among

others.

Condition for a valid claim

Is the policy in force?

Has premium been paid?

Is the loss caused by an insured peril?

Is the subject matter affected by the loss the same as that insured under the policy?

Has notice of loss been given without undue delay?

However, if the claim official finds that a claim does not exist, the claimant will be informed of

the decision and settlement proceeding will not continue.

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Claim register

According to Section 47 of the Insurance Act 1996, every insurer shall maintain an up to date

register of all insurance claims immediately upon the insurer becoming aware of it. The insurer

claims register serves as an official record of claims notified to the insurer.

The claims register could be kept either in a card form or ledger form or even in computer print

out forms, since the Insurance act has not indicated any specific form of this purpose.

Investigation of the claim

Insurers generally appoint loss adjusters to investigate and report on claims which are large and

complicated. In general, claim investigation involves ascertaining the following

Existence of loss

Loss is caused by a peril insured under the policy

Loss does not fall within the scope of an exclusion of the policy

Subject matter affected by the loss is the same as is insured under the policy

The person making the claim is the rightful claimant

Any breach of condition/ warranties by the insured which may invalidate the claim

Ascertaining the amount of loss

Where property is damaged or lost, the amount of loss is ascertained from proof of the value of

lost items or estimates of repair, replacement or reinstatement. Frequently, a solicitor will act

on behalf of the claimant, while a claim official will act on behalf of the insured in the

negotiation of the claim. When the solicitor and the claim official fail to reach an agreement,

the dispute may be resolved by arbitration as provided under the policy. If the insured is not

satisfied with the decision made by the arbitrator, he may go to court.

8.3. SETTLEMENT OF CLAIMS

When the insurer is satisfied that the claim is in order, settlement would be effected by;

Methods of setting a claim:

o Cash-payment of claim by cheque

o Repair

o Replacement

o Reinstatement

When settlement is effected by cheque, it is important to ascertain that payment is made to right

claimant. Documentary evidence is needed to determine the rightful claimant. In Marine

Insurance, the claimant has to produce a marine policy which has been endorsed in his favor

before payment would be made. In practice, a claimant is usually required to execute a proper

discharge under the policy before settlement is affected by the insurer.

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8.4.RECOVERIES FROM REINSURERS, CO INSURERS, SUBROGATION

AND CONTRIBUTION

The claim settlement process will also involve making appropriate recoveries from co insurers

and or reinsurers, third parties under subrogation rights and other insurers under contribution

rights if such right exists.

8.5. REPUDIATION OF LIABILITY BY INSURERS

Not every claim filed by an insured will result in payment because insurers may be able to

repudiate liability on several grounds. These include:

There was no loss or damaged as reported

The loss or damage for which claim has been made was not caused by a peril or was

excluded by the policy

The policy has been rendered void as a result out of a breach in condition or warranty

8.6. AVERAGE CLAIM

The amount to be paid when average applies can be arrived as follows:

Amount Payable = Sum Insured/ Value of property x Amount of Loss

The principle of average is therefore applied to penalize the insured who has underinsured his

property. When a loss is subject to average, the insured will be considered the insurer for the

proportion underinsured and therefore has to contribute to the loss.

It is the duty of the agent to recognize under-insurance in order to avoid disputes arising from the

application of average.

8.7. CLAIM SETTLEMENT AGREEMENT

MIB (MOTOR INSURANCE BUREAU)

The MIB shall be interpreted under the Section of RTA 1987 as the bureau which has executed

an agreement with Minister of Transport to secure compensation to 3rd

party victims of road

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accidents in cases where such victims are denied compensation to the absence of insurance as

required under section 90 of the same Act

Authorized Insurer – a person lawfully carrying on motor vehicle insurance business in

Malaysia who is a member of the Motor Insurance Bureau

By making specified levels of insurance compulsory and limiting the ways in which insurers

can escape liability to compensate, the RTA goes a very long way to establishing this deal. It is

a general desire to ensure that innocent victims of road traffic accidents should not go

uncompensated.

However, where a motorist ignores the legal requirements to insure or where the defect in an

existing insurance contract is sufficient for the insurer to escape responsibility under the RTA,

some further safeguards are required. The remedies under the RTA rely upon there being a

negligent person to sue, which would not be the case of hit and run accident.

REVISED “KNOCK FOR KNOCK” AGREEMENT

Most motor insurance subscribe to the knock for knock claims settlement agreement whereby

each insurer dealt with the damage to their own policyholder‟s vehicle, if such damage is

comprehensively insured, irrespective of who was responsible for the accident.

The knock for knock agreement works on the principles of swings and roundabouts with each

motor insurer agreeing not to exercise subrogation rights against each other and if this is

arranged on a long term basis, no one insurer will gain or lose from participation in such

scheme.

The agreement applies to damage being caused to vehicles in connection with which indemnity

is granted against damage and or third party risks by parties here to:

As a result of collision or attempt to avoid collision

By the loading or unloading of a vehicle

By goods failing from a vehicle

The main provisions under the agreement are:

The application of excess (if any)

The arrangement excludes the following vehicles:

Any vehicle licensed or insured for the carriage of passengers for hire or reward, such as

taxies, public buses

Any vehicle licensed or insured by the owner for purposes which include driving by a hire,

such as chauffeur driven taxi

The agreement shall not apply to loss or damage covered by a policy for Fire Only

The agreement shall apply only to accidents for which indemnity is provided under Policies

issued in Malaysia, Singapore and Brunei

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Knock for knock means a claim for damage to the vehicle by an Insured against his own insurer

instead of the insurer of a 3rd

party vehicle which shall not affect the Insured‟s NCD, if the

insurer decides that the Insured is not at fault. Such determination or fault shall be at the

discretion of the insurer.

8.8. DISPUTES

Dispute between claimants and insurers generally may involve one of the two issues:

The question of whether the insurer is liable

The quantum of loss, if the insurer is liable

When dispute arises, it may be resolved through the following channels;

Negotiation

If the disputes to a claim that has been rejected by the insurer, the claim official will try to

explain why the claim was rejected. On the other hand, if the quantum of loss, the official

may try to negotiate for an amicable compromise.

Arbitration

Generally arbitration is preferred to litigation because the former is speedier and less costly

than court action, and hearing is in private rather than open court.

Meditation

It is also known as alternative dispute resolution process. The meditation process includes

investigation of the complaint through the various sources based on the facts presented,

having face to face discussion, having meetings with all the parties concerned or conducting

an enquiry, taking into account the industry practices, consulting legal basis before a decision

is made.

The central person is the Mediator. At the meditation is not usual to present witness and it

may be sufficient to produce copies of documents and correspondence. For complaints,

disputes or claims involving financial loss, usually there shall be a limit set.

8.9. POST – SETTLEMENT ACTION

When a claim has been paid, the insurer may take one of the following actions:

Terminate the policy

Reduce sum insurance reinstate, if requested

This rule however, does not apply to marine policies and policies where there is no sum

insured for example glass policies, money policies and motor policies. When the sum

insured under a policy is reduced by the amount of partial loss paid by the insurer, the

insured will be underinsured if the sum insured is not reinstate. The insured would

therefore be advised to reinstate the sum insured by payment of pro-rata premiums.

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9. MOTOR INSURANCE CLAIM

9.1. Motor Insurance Claim Procedures

9.2. Motor Insurance Claim Products

9.3. Documentation

9.1. MOTOR INSURANCE CLAIM PROCEDURES

A Motor Insurance Policy is a document containing a pledge by the insurer that they will

indemnify the insured, subject to the terms and conditions of the policy, against loss or

damage which may be sustained or liability which may maybe incurred at some future time.

The primary objective of the agent is to give the policy holder satisfaction where reasonably

possible with due regard to his/her wishes concerning repairs

In the event of an accident occurring which may give rise to a claim, the following need to be

attended to;-

Claim Form (Accident Notification Form)

This form must be completed immediately upon notification of accident. It must give a full

and accurate account of the accident including all details of whatever damages sustained by

our client‟s vehicle as well as 3rd

party‟s damaged and also injuries sustained by

whosoever.

Verification

A check must be made against the policy file and proposal form to ascertain whether;

The policy is in force

The particular loss/damage in question or liability incurred covered

Any excess applicable

Detail of driver – age, type of license etc.

Any important part of the claim form is „witnesses‟. The evidence of independent witnesses is

generally more important.

Claim File

Place, time and date of accident

How did the accident occur?

Any third party property damage or bodily injury?

Extent of damage sustained by insured‟s vehicle

Police Report

This document is a must as it helps to give a clear picture as to how the accident occurred,

besides there is less possibility that the Insured will „make up‟ a story

Windscreen damage Claim

The Insured must submitted either a police report or two or three original colored

photographs showing the damaged windscreen to substantiate his claim

Own damage Claim

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Own damage claim should be surveyed by an independent adjuster who shall compile a

detailed report, indicating the repairs to be carried out and the cost involved. All applicable

excess should be deducted before the net amount is arrived

Total Losses

A total loss arises when a vehicle has been damaged beyond economic repairs

A constructive total loss arises when the probable cost of repair exceeds the market value

of the policyholder‟s estimate value, whichever the less.

The Insured must surrender the following documents upon settlement of a Total Loss

claim;

The original RMIV registration card duly endorsed

Te original certificate of insurance for cancellation

The original Insurance policy

The duly signed transfer for – MV3 form

A photocopy of the Insured‟s identify card

Discharge vouchers duly executed by the Insured and the Hire Purchase owners

Letter of withdrawal of ownership from HP owners

A complete set of key

Contribution by policy holder

When repairs result in betterment, the principle of indemnity dictates that the policy holder

should make an appropriate „contribution‟ to the total cost

Subrogation

The insurers are given the right to conduct negotiation in his name and if necessary to

exercise his rights in his name against other parties in diminution of their eventual loss.

Third party injury (bodily Injury)

An investigator is invariably engaged to conduct a thorough investigation of the accident to

ascertain the extend of the Insurer‟s liability. Normally a third party claim is intimated a few

months or years after an accident is still fresh in the minds of all parties concerned.

9.2. MOTOR INSURANCE CLAIM PRODUCTS

What to do?

A report must be lodged with the Police within 24 hours of the occurrence

Obtain the names and address of the witness of the accident

The damaged car must be towed or driven to the nearest approved workshop.

Photographs of the damage should be taken and submitted together with the estimated

cost of repairs

If a third party vehicle is involved, note of registration number, make of the vehicle, the

nature of damaged sustained and the Insurer concerned

If a third party is injured, not the injuries sustained

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What not to do?

The insured should not instruct the repairs to commence repair works unless an

inspection of damaged vehicle has been conducted by the Insurer‟s representative

Under No Circumstances should the Insured admit liability without the Insurer‟s consent

or answer any correspondence from the 3rd

party or his representative either verbally or in

writing

The insured should not write „refer to Police Report” as an answer to any of the questions

asked in the motor accident form. All questions must be fully and correctly answered. A

full and detailed description must be stated in the said form.

9.3. DOCUMENTATION

Windscreen Claim

Duly completed motor accident report form

Photographs of damage windscreen

Copy of police report lodge by the Insured/ driver of vehicle if any

Bills for the cost of replacement

Own Damage Claim

Duly completed motor accident report form

Police report lodge by Insure

Estimate of repairs cost

Photographs of damage vehicle

Notice of intended prosecution issued by the police

Copy of registration card

Copy of Driving License of Insured/driver

Copy of I/C of Insured /driver

Photocopy of road tax disc

Photocopy of certificate of insurance

Theft

Duly completed motor accident report form

Police report

Original Certificate of Insurance and cover note for cancellation

Full set of keys to vehicle

Registration card

Signed MV3 form

Letter of Release of Ownership by HP Co, if HP is involved

Copy Insured‟s identification card.

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MOTOR INSURANCE CLAIM FLOW CHART

OCCURENNE

NOTIFICATION TO INSURER

OWN

DAMAGE

CLAIM

WINDSCREEN

DAMAGE CLAIM

THEFT CASES

THIRD PARTY PROPERTY

OR INJURY CLAIM

SUBMITS

POLICE

REPORT OR

PHOTOGRAPHS

AND BILLS

3 TO 6 MONTHS

WAITING

PERIOD.

INVESTIGATION

BY ADJUSTER

FORWARD ALL THIRD

PARTY NOTIFICATION

TO INSURER

ADJUSTERS

TO

SUUURVEY

OFFER BY

INSURER

INSURER

OFFER OF

SETTLEMENT

APPROVAL BY

INSURER

INSURER TAKES OVER

CONDUCT OF THE

MATTER

INSURER

REPUDIATES CLAIM

NEGOTIATION WITH

INSURER

INSURER PAYS

REPAIRER

CAR

RELEASED

TO

INSURER

AFTER

REPAIRS

CLAIM

PAID

CLAIM PAID

FILE CLOSED

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10. NON MOTOR CLAIMS

10.1. Public Liability Insurance

10.2. Fidelity Guarantee Insurance

10.3. Personal Accident Insurance

10.1. PUBLIC LIABILITY INSURANCE CLAIM PROCEDURES

NOTIFICATION On receipt of the notification, ascertain whether insurer is on risk for the particular event

and location

Get full details of the circumstances of the loss/accident for insurer to decide whether an

investigation/ adjuster should be appointed

Send a claim form for the insured‟s completion.

COVERAGE Subject to proof of negligence by third party claimant, the insured will be indemnified

against:

a) All sums insured shall become legally liable to pay third party in respect of:

Bodily injury/illness to any person

Loss of/damage to property

b) All costs and expenses of litigation

Recoverable by third parties

Incurred with the company‟s written consent

DOCUMENTATION

The third party claimant will need to prove that the insured, his servants or agents acting

on his behalf have been negligent

He will also need to prove the amount of his loss/extend of his damage/ seriousness of

bodily injury sustained by submitting documentary evidence to this effect

Original police report

Photographs of the damage/injury sustained

Reports/ opinion by the experts

Doctors

Chemist

Accountants

Engineers

Lawyers

The proof of cost incurred

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To ascertain Insurance liability, the following documents should be obtained;

The claim from duly completed by the Insured

Adjusters/investigator‟s report

Statements from witnesses

Outcome of police investigations

Police photographs

DEFENCES

To establish whether the insured was really at fault and whether there are any defenses

available to him;

Every reasonable precautions have been taken

The accident was caused by latent defect which could not be discovered by ordinary

examination

The injured person disregarded a notice of warning

The location/machinery that caused the accident was where the injured had no right of

access

The accident was caused by an authorized act of a stranger

There was contributory negligence on the part of the injured.

LIMIT OF INDEMNITY

Public liability policies are subjected to the following limits of indemnity

a) Any one accident

The maximum amount the company would be liable with regard to a particular

event/accident

b) Any one period

The maximum amount the company would be liable to pay for all the claims which may

occur within the policy period.

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PUBLIC LIABILITY CLAIM FORM CHART

OCCURENCE

REPORT TO POLICE

AUTHORITY

THIRD PARTY PROPERTY DAMAGE

THIR PARTY BODILY

INJURY

REPORT TO INSURER

IMMEDIATELY

INSURER INVESTIGATES

CIRCUMSTANCES OF OCCURENCE

NEGOTIATES/INSURER

MAINTAIN STAND

INSURER REPUDIATES

CLAIM

ADVISED INSURED BOT TO ADMIT LIABILITY AND

FORWARD ALL CORRESEPONDNCE TO INSURER

FILE CLOSED

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10.2. FIDELITY GUARANTEE INSURANCE CLAIM PROCEDURES

NOTIFICATION

Immediate notification must be given to Insurance Company as soon as a default by an

employee comes to the knowledge of the insured.

A police report must be lodge immediately and insured must extend fullest cooperation to

the police authority to ensure conviction of the defaulter.

Suspected employees should be suspended immediately to facilitate thorough investigation

into the loss.

DOCUMENTATION

Internal report on the circumstance of the loss

Original police report

Documentary evidence to substantiate the loss

All necessary steps should be taken by the insured to recover whatever loss suffered from the

defaulter.

The insured should cooperate with the Police authority to ensure conviction of the defaulting

employee.

PROCEDURES

As soon as a default comes to the knowledge of the insured, the matter should be reported

to the Insurance Company immediately

A report must be lodged with the police

The defaulting employees should be suspended from duties until investigation are

completed when disciplinary action may be taken. In addition, all ones due to him should

be withheld to minimize the loss.

The Insured should take the necessary steps to seek recovery from the defaulting employee

under the law so that the Insurer‟s right of recovery would not be prejudiced.

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FIDELITY GUARANTEE INSURANCE

OCCURRENCE/INCIDENT

IMMEDIATE

NOTIFICATION TO

INSURER UPON

DISCOVERY

REPORT TO POLICE

AUTHORITY

ADJUSTERS

APPOINTED

TO

INVESTIGATE

SUBMIT ALL RELEVANT

DOCUMENTS

INSURER PAYS

INSURED

INSURER MAKES OFFER

FOR SETTLEMENT

FILE CLOSED

INSUREE

REPUDIATES

CLAIM

NEGOTIATES/INSURER

MAINTAIN STAND

PURSUE RECOVERY FROM

DEFAULTING EMPLYEE

ASSIST POLICE TO

ENSURE CONVICTION

OF DEFAULTING

EMPLOYEE

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116

10.3. PERSONAL ACCIDENT CLAIMS PROCEDURES

NOTIFICATION

The policy covering the insured exists and in force

The nature of injury is covered by the policy

CLAIMS DOCUMENTATION

Bodily Injury

Claim Form duly completed and signed

Original Police Report

Medical Report

Medical Chits

Original Medical Bills

Adjusters‟ Report

Police Report

Death

Claim Form duly completed and signed

Death certificate/ Burial certificate

Post Mortem report

Letters of Administration

Instruction from Pemegang Amanah Raya

Original Policy

Adjusters‟ Report

Police Report

ADJUSTERS

Adjusters are usually sent for cases where there is death, suspicion of exaggeration of a

serious injury, or where there is suspicious of fraud involved

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117

PERSONAL ACCIDENT INSURANCE CLAIM FLOW CHART

OCCURRENCE OF AN

ACCIDENT

FATAL ACCIDENT

REQUEST FOR MEDICAL

REPORT AND OTHER

RELEVANT DOCUMENT

INSURER REPUDIATES

CLAIMS

NEGOTIATION/INSURER

MAINTAIN STAND

FILE CLOSED

REQUEST FOR POST

MORTEM REPORT AND

OTHER RELEVANT

DOCUMENTS

ADJUSTER SUBMIT

REPORT TO INSURER

OFFER TO BENEFICIARY/

ADMINITRATOR

OFFER TO CLIENT

CLAIM SETTLED

BODILY INJURY

IMMEDIATE NOTIFICATION

TO INSURER

INSURER MAKE

OFFER

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118

11. CUSTOMER SERVICE

11.1. Insurance Industry and the Consumer

11.2. Self Regulation

11.3. Purpose of Regulation

11.1 . INSURANCE INDUSTRY AND THE CONSUMER

According to the International Consumer Movement, consumers have 8 basic rights and they

include:

Right to satisfaction

Right to information

Right to choose

Right to basic goods and services

Right to be herd

Right to redress

Right to consumer education

Right to save and clean environment.

The solvency „issue coupled with the problems of unfair trade practices and inefficient

operations has generated adverse publicity for the industry and subsequently fueled consumer

criticisms and pressures against the insurance industry. In this regard, the industry has, among

other things, been criticized for:

Unreasonable delay settlement of claims

Unfair claims settlement

Operating at high marketing costs, collisions and price fixing

Poor service

Providing incomplete and false information resorting to pressure selling

Lack of professionalism

11.2. SELF REGULATION

Self regulation has been introduced by the insurance industry with the two-fold objective to:

Instill discipline and promote healthy competition in the industry

Provide some element of protection to insurance consumers.

For General Insurance business, the main associations:

o PIAM

o MITBA/IBAM

o AMLA

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119

For Life Insurance, the main association is:

o LIAM

PIAM and LIAM are most actively involved in self regulation of general insurance business and

Life Insurance business respectively. Other than rules and regulation which control the conduct

of their members, the associations have initiated self regulatory measures such as the various

Inter-Company Agreement and Guidelines.

To instill a better level of discipline and professionalism in the work force in the general

insurance industry, PIAM established a „Code of Ethics and Conduct‟ in 1991.

LIAM has formulated a Code of ethics and Conduct for members companies and deals with the

following aspects of life insurance business:

o Life insurance selling

o Life insurance practice

11.3. PURPOSE OF REGULATION

The main purposes of regulation include:

The protection of public interest

o By ensuring that the insurer is financially solvent and able to meet its obligations to its

policy owners and claimants

The promotion of fairness and equity

o Ensure that insurers, insurance brokers and adjuster are fair and equitable in their dealings

with their clients and claimants

The fostering of competence

o Insist of high level of professional competence and integrity of insurers, insurance brokers

and adjusters

The playing a developmental role

o Encourage the insurance industry to take an active part in the economic development of the

country.

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120

FINANCIAL SECTOR TALENT ENRICHMENT PROGRAMME (a programme managed by Institut Bank-Bank Malaysia)

LEVEL 1, DATARAN KEWANGAN DARUL TAKAFUL 4, JALAN SULTAN SULAIMAN

50000 KUALA LUMPUR