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annual report 2008-09 - IRDA

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ANNUAL REPORT <strong>2008</strong>-<strong>09</strong><br />

b) Protection of the interests of policyholders in<br />

matters concerning assigning of policy, nomination<br />

by policyholders, insurable interest, settlement of<br />

insurance claim, surrender value of policy and<br />

other terms and conditions of contracts of<br />

insurance.<br />

<strong>IRDA</strong> has brought out regulations providing for various<br />

Dos and Don’ts for insurers and intermediaries at the<br />

point of sale, point of claim etc. Time-frames were set<br />

for servicing policyholders also in the regulations.<br />

Further, the Regulations mandate insurers to have in<br />

place on effective mechanism for redressal of<br />

policyholder grievances. <strong>IRDA</strong> has set up a grievances<br />

cell for policyholders of life and non-life insurance and<br />

a separate channel for senior citizens for expressing<br />

their grievances with regard to health insurance<br />

policies. Apart from playing a facilitative role in helping<br />

policyholders getting their grievances redressed by<br />

insurers, <strong>IRDA</strong> studies the underlying issues that<br />

causes grievances and works towards rectifying the<br />

systemic issues involved.<br />

c) Specifying requisite qualifications, code of<br />

conduct and practical training for intermediaries<br />

or insurance intermediaries and agents<br />

The licensing and code of conduct for all the<br />

intermediaries in the insurance business are specified<br />

clearly in the respective regulations framed under the<br />

<strong>IRDA</strong> Act, 1999. (Insurance Surveyors and Loss<br />

Assessors (Licensing, professional requirements and<br />

code of conduct), Regulations, 2000, Insurance<br />

Regulatory and Development Authority (Licensing of<br />

Corporate Agents) Regulations, 2002, Insurance<br />

Regulatory and Development Authority (Insurance<br />

Brokers) Regulations, 2002.<br />

d) Specifying the code of conduct for surveyors<br />

and loss assessors<br />

The Code of Conduct applicable for Surveyors and<br />

Loss Assessors in respect of their professional work<br />

is embodied in Chapter VI of <strong>IRDA</strong> Regulations for<br />

surveyors and loss assessors. Regulation 15<br />

elaborates on the code which, inter alia, stipulates that<br />

a surveyor and loss assessor shall behave ethically<br />

and with integrity in the professional pursuits, shall<br />

strive for objectivity in professional and business<br />

judgment, act impartially when acting on instructions<br />

from an insurer in relation to a policyholder’s claim<br />

under a policy issued by that insurer, conduct himself<br />

with courtesy and consideration to all people with<br />

whom he comes into contact during the course of his<br />

work etc. The code also prescribes that a surveyor<br />

shall not (1) accept or perform work which he is not<br />

competent to undertake, unless he obtains some<br />

advice and assistance, as will enable him to carry out<br />

the work competently. (2) carry out his professional<br />

work with due diligence, care and skill and with proper<br />

regard to technical and professional standards<br />

expected of him and shall keep himself updated with<br />

all developments relevant to his professional practice.<br />

(3) at all times maintain proper record of work done<br />

by him and comply with all the relevant laws. (4) assist<br />

and encourage his colleagues to obtain professional<br />

qualifications, and in this behalf, provide free<br />

articleship and/or practical training for a period of<br />

twelve months. (5) maintain a register of survey work<br />

as provided for, (6) disclose to all parties concerning<br />

his appointment where the acceptance or continuance<br />

of such an engagement may materially prejudice, or<br />

could be seen to materially affect the interests of any<br />

interested party. (7) not disclose any information<br />

pertaining to a client or employer or policyholder<br />

acquired in the course of his professional work to any<br />

third party without the necessary consent, and (8) can<br />

not use or appear to use any confidential information<br />

acquired or received by him in the course of his<br />

professional work, to his personal advantage or to the<br />

advantage of a third party.<br />

e) Promoting efficiency in the conduct of insurance<br />

business<br />

The authority directed insurance companies to have<br />

proper systems in place and also to focus on the<br />

training needs of their workforce so as to improve<br />

efficiency in conducting the insurance business.<br />

f) Promoting and regulating professional<br />

organizations connected with insurance and<br />

reinsurance business:<br />

The Life Insurance Council and the General Insurance<br />

Council are the platforms available for the insurers to<br />

interact and to set up practices for the healthy growth<br />

of the industry. Development of these self regulatory<br />

bodies augurs well for the industry to put across their<br />

view points on critical areas for the growth of the<br />

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