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K. Ramachandran, the author of "Risk Management, A Check List," is with senior management of leading Indian intermediary J. B. Boda & Company Pvt. Ltd., which has an exclusive association with Marsh Inc. Ramachandran has received awards for writing on reinsurance and the Indian insurance industry. He excels in Internet-based analyses and research and is a visiting faculty member of the National Insurance Academy, Pune, India, and the College of Insurance, Mumbai, India. The author may be contacted at brilliance@vsnl.com. Risk Management - A Check List by K. Ramachandran Reprinted courtesy of Asia
Insurance Post Magazine, Risk
Management is an economic operation
for a company's assets, liabilities and earnings. Its objective is to
minimise uncertainties and contingencies in cash flows from the impact of
fortuitous losses arising in the course of the company's
operations. It seeks to achieve financial stability through conscious
decisions on risk retention and risk transfers. In the matter of risk
transfers the decisions involve commercial contracts wherein risks are
transferred contractually to vendors, contractors and suppliers or even
customers. The residual risks are considered for transfer to insurer. Hence,
Risk Management is an assessment of perceived risks for assets, liabilities
and operations and a pursuit to keep them manageable. Risk
Management is: Ö financial
protection of all fixed and current assets against fortuitous loss. Ö anticipating
hazards which give rise to a loss and adoption of preventive measures across
all areas of assets, liabilities and operations. Ö active
assessment, review and decision to retain or transfer risks. Ö financial
protection for fixed costs, gross profit, alternate accommodation, increased
cost of working in the event of a
fortuitous loss. With
increasing privatisation of insurance industry it is expected it will lead
to: Ö reduced
premiums. Ö modern
wordings and insurance practices. Ö higher
standards in risk management. Essentials
of Insurance Law The
legal basis of insurance rests upon restoring an Insured to his position
prior to occurrence of a loss and as agreed. The legal aspects subsisting
insurance are as follows: Insurable
Interest
An
Insured must be affected by a loss in terms of his assets, liabilites for
damages, loss of earnings which
cannot be made good, increased and continuing costs. Such interest would
include vicarious liability such as a bailee or for goods held in trust. Sum
Insured New
replacement value is recommended. The issue at the time of loss of an
asset is its cost of replacement. Funds required are met through internal
resources or external borrowings. Insurance offers a third alternative to
finance the replacement of the lost asset. In principle a similar logic
pursues current assets and earnings. Where
the sum insured is lower than the actual value at the time of loss as per
basis agreed then the Insured bears a rateable proportion of such loss. In
addition to above any deductible as per policy is not paid. Indemnity This
legal principle totally eliminates any speculative loss and pays for pure
loss only. It seeks to restore a person to his original position prior to
loss occurrence and excludes any profit taking and betterment through an
insurance claim settlement. Utmost Good Faith The
details and features of risks for assets and interests as insured are not
entirely known or is informed to the Insurer. However ,notwithstanding
this limitation , insurance is provided in utmost good faith of a proposal
from an Insured as if made in right earnest and with due diligence. For
the above reason, any material change in risk occurring during the policy
period needs to be notified to the Insurer prior to the change. Information
and answers as provided within a proposal made to an Insurer constitute a
legal basis for payment or rejection of a claim. They have the legal
context of an implied warranty whose breach would result in repudiation of
a claim. Subrogation Where
the Insurer elects to settle a claim then the Insured's rights of recovery
are to be surrendered to the Insurer at the latter's request in line with
the legal principle of Indemnity.
Insurable
Risks -
Recommended
Approach I. Insurance
Policies: Ö Review
company`s nature of business, property, movement, storage of
products,
etc. Ö Verify if
policies conform to set management
standards and designated risk coverages. Ö
Examine the
validity of the policy with reference to period, declarations made and
premiums to be paid. Ö Examine for
needful inclusion of additional perils and deletion of over purchased
covers. Ö Check
valuation for sum insured including cost of freight and erection as Ö Assess and
define needs for insurance in respect of
expansion and new projects. Ö Verify
insurance adequacy for loan agreements. Ö Establish
satisfaction of management with reference to deductibles and cover limits. Ö Any other
insurance arranged for other interests and service level within the same.
II. Insurance
Claims: Ö Review of
procedure for preparation of claim and process of submission of details to
Insurer. Check for omissions to make a claim. Ö Review
maintenance of claims record. Ö Examine for
accuracy and promptness in claims as submitted. Ö Examine for
follow up for expeditious settlement including within it a decisive review
for repair and replacement as a part of claim settlement. Ö Age analysis
to be done for outstanding claims for selective attention and processing. Ö Review for
claims lost due to being sub-standard
and time barred and
factor reasons into operational procedures and claims submission
procedures. Ö Review and
factor reasons for repudiated claims into operational procedures. Ö Accrual of
claims and relationship issues.
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