Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Bachelor of Commerce
Banking & Insurance
Semester VI
(2013-2014)
[1]
A STUDY OF NEW INDIA ASSURANCE COMPANY
LIMITED WITH SPECIAL REFERENCE TO MARINE
INSURANCE
Bachelor of Commerce
Banking & Insurance
Semester VI
(2013-2014)
In Partial Fulfillment of the requirements
For the Award of Degree of Bachelor of
Commerce- Banking & Insurance
By
JINAL D.PANCHAL
Roll No.24
[2]
DECLARATION
Signature of Student
JINAL D. PANCHAL
Roll No:-24
[3]
GURUKUL COLLEGE OF COMMERCE
CERTIFICATE
[4]
ACKNOWLEDGEMENT
JINAL D. PANCHAL
.
[5]
TABLE OF CONETNTS
Chapter No. Name Of The Chapter Page Nos.
CHAPTER 1
INTRODUCTION
Insurance is the equitable transfer of the risk of a loss, from one entity to another
in exchange for payment. It is a form of risk management primarily used to hedge
against the risk of a contingent, uncertain loss. An insurer, or insurance carrier, is a
company selling the insurance; the insured, or policyholder, is the person or entity
[6]
buying the insurance policy. The amount to be charged for a certain amount of
insurance coverage is called the premium. Risk management, the practice of
appraising and controlling risk, has evolved as a discrete field of study and
practice. The transaction involves the insured assuming a guaranteed and known
relatively small loss in the form of payment to the insurer in exchange for the
insurer's promise to compensate (indemnify) the insured in the case of a financial
(personal) loss. The insured receives a contract, called the insurance policy, which
details the conditions and circumstances under which the insured will be
financially compensated. The Life is full of uncertainties. People opt for insurance
purely for the reasons of uncertainties in life. Insurance gives the insured a kind
of peace of mind as he is assured to making up the loss in the event of such
uncertainties in life happen.
The New India Assurance Co. Ltd., based in Mumbai, is one of the five public
sector insurance companies in India. It is the "largest general insurance company of
India on the basis of gross premium collection inclusive of foreign operations". It
was founded by Dorab Tata in 1919, and nationalized in 1973. Previously it was a
subsidiary of the General Insurance Corporation of India (GIC). But when GIC
became a reinsurance company as per the IRDA Act 1999, its four primary
insurance subsidiaries New India Assurance, United India Insurance, Oriental
Insurance and National Insurance got autonomy.
New India Assurance provides Marine Insurance Policy as well as the shipping
Cargo policy which helps to recover the damage to the ships and the goods during
the travel from origin to the destination. This policy covers goods, freight and other
interests against loss or damage to goods whilst being transported by rail, road, sea
and/or air.
[7]
1.1MEANING OF INSURANCE
Insurance is a form of risk management in which the insured transfers the cost of
potential loss to another entity in exchange for monetary compensation known as
premium. Insurance allows individuals, businesses and other entities to protect
themselves against significant potential losses and financial hardship at a
reasonably affordable rate. We say "significant" because if the potential loss is
small, then it doesn't make sense to pay a premium to protect against the loss. After
all, you would not pay a monthly premium to protect against a $50 loss because
this would not be considered a financial hardship for most. Insurance is a technique
[8]
wherein a number of people, who are exposed to similar risk, participate in the
scheme and contribute in the shape of periodic premiums. Such premiums are
received by the insurer who is able to pay out of the premiums received by him, for
the losses of some of those who have participated in the scheme. Thus it is
wonderful technique of spreading and transfer or risks.
Protecting your home against theft, fire, flood and other hazards
[10]
1750 BC, and practiced by early Mediterranean sailing merchants. If a merchant
received a loan to fund his shipment, he would pay the lender an additional sum in
exchange for the lender's guarantee to cancel the loan should the shipment be
stolen or lost at sea.
The business of life insurance in India in its existing form started in India in the
year1818 with the establishment of the Oriental Life Insurance Company in
Calcutta. Some of the important milestones in the life insurance business in India
are:
1912: The Indian Life Assurance Companies Act enacted as the first statute to
regulate the life insurance business.
1928: The Indian Insurance Companies Act enacted to enable the government to
collect statistical information about both life and non-life insurance businesses.
1938: Earlier legislation consolidated and amended to by the Insurance Act with
the objective of protecting the interests of the insuring public.
1956: 245 Indian and foreign insurers and provident societies taken over by the
central government and nationalized. LIC formed by an Act of Parliament, viz. LIC
Act, 1956,with a capital contribution of Rs. 5 crore from the Government of India.
The General insurance business in India, on the other hand, can trace its roots to
the Triton Insurance Company Ltd., the first general insurance company
established in the year 1850 in Calcutta by the British.
Some of the important milestones in the general insurance business in India are:
1907: The Indian Mercantile Insurance Ltd. set up, the first company to transact all
classes of general insurance business.
1957: General Insurance Council, a wing of the Insurance Association of India,
frames a code of conduct for ensuring fair conduct and sound business practices.
1968: The Insurance Act amended to regulate investments and set minimum
solvency margins and the Tariff Advisory Committee set up.
[11]
1972: The General Insurance Business (Nationalization) Act, 1972 nationalized the
general insurance business in India with effect from 1st January 1973. 107 insurers
amalgamated and grouped into four companies viz. the National Insurance
Company Ltd., the New India Assurance Company Ltd., the Oriental Insurance
Company Ltd. and the United India Insurance Company Ltd. GIC incorporated as
a company.
Insurance involves pooling funds from many insured entities (known as exposures)
to pay for the losses that some may incur. The insured entities are therefore
protected from risk for a fee, with the fee being dependent upon the frequency and
severity of the event occurring. In order to be insurable, the risk insured against
must meet certain characteristics in order to be an insurable risk. Insurance is a
commercial enterprise and a major part of the financial services industry, but
individual entities can also self-insure through saving money for possible future
losses.
[12]
1. UTMOST GOOD FAITH:
Principle of Utmost Good Faith is a very basic and first primary principle of
insurance. According to this principle, the insurance contract must be signed by
both parties (i.e. insurer and insured) in an absolute good faith or belief or trust.
The person getting insured must willingly disclose and surrender to the insurer his
complete true information regarding the subject matter of insurance. The insurer's
liability gets void (i.e. legally revoked or cancelled) if any facts, about the subject
matter of insurance are either omitted, hidden, falsified or presented in a wrong
manner by the insured.
2. INSURABLE INTEREST:
[13]
The principle of insurable interest states that the person getting insured must have
insurable interest in the object of insurance. A person has an insurable interest
when the physical existence of the insured object gives him some gain but its non-
existence will give him a loss. In simple words, the insured person must suffer
some financial loss by the damage of the insured object.
For example: - The owner of a taxicab has insurable interest in the taxicab because
he is getting income from it. But, if he sells it, he will not have an insurable interest
left in that taxicab.
3. PRINCIPLE OF INDEMNITY:
Indemnity means security, protection and compensation given against damage, loss
or injury. According to the principle of indemnity, an insurance contract is signed
only for getting protection against unpredicted financial losses arising due to future
uncertainties. Insurance contract is not made for making profit else its sole purpose
is to give compensation in case of any damage or loss. In an insurance contract, the
amount of compensations paid is in proportion to the incurred losses. The amount
of compensations is limited to the amount assured or the actual losses, whichever
is less. The compensation must not be less or more than the actual damage.
Compensation is not paid if the specified loss does not happen due to a particular
reason during a specific time period. Thus, insurance is only for giving protection
against losses and not for making profit. However, in case of life insurance, the
principle of indemnity does not apply because the value of human life cannot be
measured in terms of money.
[14]
4. PRINCIPLE OF CONTRIBUTION:
5. PRINCIPLE OF SUBSTITUTING:
According to the Principle of Loss Minimization, insured must always try his level
best to minimize the loss of his insured property, in case of uncertain events like a
fire outbreak or blast, etc. The insured must take all possible measures and
necessary steps to control and reduce the losses in such a scenario. The insured
must not neglect and behave irresponsibly during such events just because the
[15]
property is insured. Hence it is a responsibility of the insured to protect his insured
property and avoid further losses.
For example: - A cargo ship's base was punctured due to rats and so sea water
entered and cargo was damaged. Here there are two causes for the damage of the
cargo ship - (i) The cargo ship getting punctured because of rats, and (ii) The sea
water entering ship through puncture. The risk of sea water is insured but the first
cause is not. The nearest cause of damage is sea water which is insured and
therefore the insurer must pay the compensation.
However, in case of life insurance, the principle of Causa Proxima does not apply.
Whatever may be the reason of death (whether a natural death or an unnatural
death) the insurer is liable to pay the amount of insurance.
[16]
1.5 TYPES OF INSURANCE
1. LIFE INSURANCE:
[17]
they are the complement of life insurance and, from an underwriting perspective,
are the mirror image of life insurance. Certain life insurance contracts accumulate
cash values, which may be taken by the insured if the policy is surrendered or
which may be borrowed against. Some policies, such as annuities and endowment
policies, are financial instruments to accumulate or liquidate wealth when it is
needed. In the US, the tax on interest income on life insurance policies and
annuities is generally deferred. However, in some cases the benefit derived from
tax deferral may be offset by a low return.
2. GENERAL INSURANCE:
Also known as non-life insurance, general insurance is normally meant for a short-
term period of twelve months or less. General insurance means managing risk
against financial loss arising due to fire, marine or miscellaneous events as a result
of contingencies, which may or may not occur. Recently, longer-term insurance
agreements have made an entry into the business of general insurance but their
term does not exceed five years. General insurance can be classified as follows:
1. FIRE INSURANCE:
[18]
the loss. The loss can be ascertained only after the fire has occurred. The insurer is
liable to make good the actual amount of loss not exceeding the maximum amount
fixed under the policy.
A fire insurance policy cannot be assigned without the permission of the insurer
because the insured must have insurable interest in the property at the time of
contract as well as at the time of loss. The insurable interest in goods may arise out
on account of (i) ownership, (ii) possession, or (iii) contract. A person with a
limited interest in a property or goods may insure them to cover not only his own
interest but also the interest of others in them.
2. MARINE INSURANCE:
Marine insurance basically covers three risk areas, namely, hull, cargo and freight.
The risks which these areas are exposed to are collectively known as "Perils of the
Sea". These perils include theft, fire, collision etc. Marine Cargo: Marine cargo
policy provides protection to the goods loaded on a ship against all perils between
the departure and arrival warehouse. Therefore, marine cargo covers carriage of
goods by sea as well as transportation of goods by land. Marine Hull: Marine hull
policy provides protection against damage to ship caused due to the perils of the
sea. Marine hull policy covers three-fourth of the liability of the hull owner (ship-
owner) against loss due to collisions at sea. The remaining 1/4th of the liability is
looked after by associations formed by ship-owners for the purpose (P and I clubs).
[19]
3. MISCELLANEOUS INSURANCE:
As per the Insurance Act, all types of general insurance other than fire and marine
insurance are covered under miscellaneous insurance. Some of the examples of
general insurance are motor insurance, theft insurance, health insurance, personal
accident insurance, money insurance, engineering insurance etc. Miscellaneous
Insurance refers to contracts of insurance other than those of Life, Fire and Marine
insurance. It covers a variety of risks, the chief of which are:-
[20]
these risks. Insurance against the first two types of risks is optional. But every
owner of motor vehicle is required to take out an insurance policy to cover the
third party risks under the Motor Vehicles Act, 1956. Such a policy is known as
'third party insurance or liability insurance'. Under such a policy, the third party
who has suffered any loss can sue the insurer directly even though he was not a
party to the contract of insurance. This policy provides insurance cover to owners
of the vehicle, financiers or lessee, who have insurable interest in a motor vehicle.
6. FEDILITY INSURANCE:
under it, the insurer undertakes to compensate the insured i.e. the employers
against the losses suffered by him due to the employees. The losses may be due to
fraud, dishonesty, and misappropriation of funds, goods or damages to property
caused by the employees. In order to avail the protection under it, the employer is
required to provide all material facts about their employees to the insurer and also,
notify all changes in the condition of their service.
7. CREDIT INSURANCE:
Credit Insurance is a policy taken to cover the loss which may arise due to bad
debts or non-payment of dues by the debtors. It provides protection to
businessmen, who sell goods on credit terms while substantially reducing the
overall risk of exposure to non-payment. It protects them against losses arising out
of insolvency of their debtors. It thus enables a business to take advantage of peak
and cyclical selling periods and to safely expand into new product lines or
territories.
[21]
8. TRAVEL INSURANCE:
[22]
CHAPTER 2
RESEARCH METHODOLOGY
2.1 OBJECTIVES OF THE STUDY
i) To determine and analyze the Market Potential of the New India Assurance Co.
Ltd.
ii) To determine whether the customers are satisfied with the Marine insurance
policies of the company.
iii)To know the customer awareness regarding the New India Assurance Co. Ltd
and its products.
iv)To study and determine the competitor position in the market.
v) To know the future plans of the people for buying the marine insurance policies.
2.2 HYPOTHESIS
i) The new technologies adopted by the New India Assurance Co. Ltd acts as a
tool for improving the performance of the company.
ii) It has reduced the role of other Private sector insurance companys & made the
Marine insurance policies which are effective to the customers.
2.3 METHODOLOGY
SECONDARY DATA:
The secondary data required for the study are obtained from books, journals,
officials reports; periodicals brought by the Government of India in addition to
[23]
these, efforts would be made to collect as much information from the internet about
the Marine Insurance Industries in India.
1. Jackson Mark, 11 Jan, 2013. The intention behind covering piracy in the hull
and cargo claims is to prevent the stunting of trade and trade routes for reasons like
barbaric activities. The understanding of the term piracy and pirates has gone far
[24]
ahead to include passengers who mutiny and rioters who attack the ship even from
the shores. The widely recognized hull and cargo clauses cover the issues of piracy.
According to the Marine Insurance Act, 1963 (India), the term "pirates" includes
passengers who mutiny and rioters who attack the ship from the shore. Anyhow,
piracy is excluded from the paramount war exclusion clause of ITCH and IVCH.
The test to be applied in this regard is that of proximate cause whereby the loss that
has been incurred should not have been caused by barratry or piracy. However, any
loss caused by seizure, even if the seizure were to result from a barratrous or
piratical act, is not excluded from the war exclusion clause. There may not be a
situation where in the clause of piracy as such may stand deleted from the marine
insurance policies. But the situations demand that the insurers should increase the
costs of insurance on account of piracy, especially relating to notorious routes of
the times like Somalia, Indonesia, and Philippines etc.
We hope the industry will see similar growth in the coming years," Chairman and
Managing Director of New India Assurance G Srinivasan said. The penetration o
the general insurance in India stands at around 0.7%, lower than the global average
of 1.5-4%.
3. Nikhil Walavalkar (Jan 7, 2013) gives his reviews as The Indian general
insurance industry is likely to grow by around 20% per annum in the coming years
[25]
because of increasing penetration, a top official of New India Assurance said.
"Despite slowdown in economy, the general insurance industry has grown by
around 20% in the recent past.
We hope the industry will see similar growth in the coming years," Chairman and
Managing Director of New India Assurance G Srinivasan said. The penetration o
the general insurance in India stands at around 0.7%, lower than the global average
of 1.5-4%.
4. Shiply Sinha (April 12, 2006) gives reviews: Good performance of ICICI
Lombard, New India, Oriental Insurance and Bajaj Allianz, pushed the general
insurance industry growth to 16% in April-February of '06. The 12 non-life players
together mopped up Rs 18,414 crore in premium till February last fiscal even as
National Insurance (NIC) and Reliance General continued to see decline in
business, according to data compiled by IRDA.
Market leader New India Assurance collected Rs 4,281 crore in first year premium
by logging 15% growth to corner 23.3% of the market. Kolkata-based NIC was at
second spot despite seeing 6.5% decline in premium income at Rs 3,202 crore and
had a market pie of 17.4%. Delhi-based Oriental Insurance was close behind NIC
by collecting Rs 3,200 crore in premium and a market share of 17.4%. United India
Insurance grew by mere 5.7% to garner 15.4% of the market after it collected Rs
2,839 crore in premium.
CHAPTER 3
MARINE INSURANCE
[26]
3.1 INTRODUCTION:
Marine insurance covers the loss or damage of ships, cargo, terminals, and any
transport or cargo by which property is transferred, acquired, or held between the
points of origin and final destination.
Maritime insurance was the earliest well-developed kind of insurance, with origins
in the Greek and Roman maritime loan. Separate marine insurance contracts were
developed in Genoa and other Italian cities in the fourteenth century and spread to
northern Europe. Premiums varied with intuitive estimates of the variable risk from
seasons and pirates. In the 19th century, Lloyd's and the Institute of London
Underwriters (a grouping of London company insurers) developed between them
standardized clauses for the use of marine insurance, and these have been
[27]
maintained since. These are known as the Institute Clauses because the Institute
covered the cost of their publication.
Within the overall guidance of the Marine Insurance Act and the Institute Clauses
parties retain a considerable freedom to contract between themselves.
3.2 IDEMNITY:
[28]
Clubs work on the basis of agreeing to accept a ship-owner as a member and
levying an initial "call" (premium). With the fund accumulated, reinsurance will be
purchased; however, if the loss experience is unfavorable one or more
"supplementary calls" may be made. Clubs also typically try to build up reserves,
but this puts them at odds with their mutual status.
[29]
A marine insurance policy must fulfill all the essentials of a valid contract i.e. offer,
acceptance agreement, competent party, free consent, legal objects and lawful
consideration.
In marine insurance, the proposal may be offered by a ship owner or a cargo owner
or a freight receiver. He is the insured. When the insurer accepts the proposal, it
becomes an agreement. The insurer is known as Underwriter.
2. INSURABLE INTEREST:
Section 7, 8 and 9 to 16 provide for insurable interest. An insured person will have
insurable interest in the subject-matter where he stands in any legal or equitable
relation to the subject-matter in such a way that he may benefit by the safety or due
arrival of insurable property or may be prejudiced by its loss, or by damage thereto
or by the detention thereof or may incur liability in respect thereof. Since marine
insurance is frequently affected before the commercial transactions to which they
apply are formally completed it is not essential for the assured to have an insurable
interest at the time of effecting insurance, though he should have an expectation of
acquiring such an interest. If he fails to acquire insurable interest in due course, he
does not become entitled to indemnification. Since the ownership and other interest
of the subject matter often change from hands to hands, the requirement of the
insurable interest to be present only at the time of loss makes a marine insurance
policy freely assignable.
[30]
Section 19, 20, 21 and 22 of the Marine Insurance Act 1963 explained doctrine of
utmost good faith. The doctrine of caveat emptor (let the buyer beware) applies to
commercial contracts, but insurance contracts are based upon the legal principle of
uberrimae fides (utmost good faith). If this is not observed by either of the parties,
the contract can be avoided by the other party. The duty of the utmost good faith
applies also to the insurer. He may not urge the proposer to affect an insurance
which he knows is not legal or has run off safely. But the duty of disclosure of
material facts rests highly on the insured because he is aware of the material
common in other branches of insurance are not used in the marine insurance. Ships
and cargoes proposed for insurance may be thousands of miles away, and surveys
on underwriters' behalf are usually impracticable. The assured, therefore, must
disclose all the material information which may influence the decision of the
contract.
4. DOCTRINE OF INDEMNITY:
5. PRINCIPLE OF SUBROGATION:
[31]
Section 79 of the Act explains doctrine of subrogation. The aim of doctrine of
subrogation is that the insured should not get more than the actual loss or damage.
After payment of the loss, the insurer gets the light to receive compensation or any
sum from the third party from whom the assured is legally liable to get the amount
of compensation. At the same time the right of subrogation must be distinguished
from abandonment. If property is abandoned to a marine insurer, he is entitled to
whatever remains to the property irrespective of value of subrogation.
6. WARRANTIES:
A warranty is that by which the assured undertakes that some particular thing shall
or shall not be done, or that some conditions shall be fulfilled or whereby he
affirms or negatives the existence of a particular state of facts. Warranties are the
statement according to which insured person promises to do or not to do a
particular thing or to fulfill or not to fulfill a certain condition. It is not merely a
condition but statement of fact. Warranties are more vigorously insisted upon than
the conditions because the contract comes to an end if a warranty is broken
whether the warranty was material or not. In case of condition or representation the
contract comes to end only when these were material or important.
7. PROXIMATE CAUSE:
According to Section 55 (1) Marine Insurance Act,' Subject to the provisions of the
Act and unless the policy otherwise provides the insurer is liable for any loss
proximately caused by a peril insured against, but subject to as aforesaid he is not
liable for any loss which is not proximately caused by a peril insured against.'
[32]
Section 55 (2) enumerates the losses which are not payable are (i) misconduct of
the assured (ii) delay although the delay be caused by a peril insured against (iii)
ordinary wear and tear, ordinary leakage and breakage inherent vice or nature of
the subject matter insured, or any loss proximately caused by rates or vermin or
any injury to machinery not proximately caused by maritime perils. Thus the
proximate cause is the actual cause of the loss. There must be direct and non-
intervening cause. The insurer will be liable for any loss proximately caused by
peril insured against.
8. ASSIGNMENT:
[33]
3.5 TYPES OF MARINE INSURANCE
1. CARGO INSURANCE:
Cargo insurance caters specifically to the cargo of the ship and also pertains to the
belongings of a ships voyagers. Marine cargo Insurance is the insurance of
property as it moves from place to place. The word marine conjures up the sea
and foremost in the minds of the writers of the Marine Insurance Act 1906 (MIA)
was indeed sea transits. While the Act in its opening sections refers to marine
losses and to the marine adventure and to maritime perils, marine insurance
departments insure property conveyed by aircraft and road and rail vehicles as
well. Many transits, particularly international ones require two or more types of
transport and the Act makes provision for them.
2. HULL INSURANCE:
Hull insurance mainly caters to the torso and hull of the vessel along with all the
articles and pieces of furniture in the ship. This type of marine insurance is mainly
taken out by the owner of the ship in order to avoid any loss to the ship in case of
any mishaps occurring.
3. LIABILITY INSURANCE:
Liability insurance is that type of marine insurance where compensation is sought
to be provided to any liability occurring on account of a ship crashing or colliding
and on account of any other induced attacks.
4. FRIEGHT INSURANCE :
Freight insurance offers and provides protection to merchant vessels corporations
which stand a chance of losing money in the form of freight in case the cargo is
lost due to the ship meeting with an accident. This type of marine insurance solves
[34]
the problem of companies losing money because of a few unprecedented events
and accidents occurring.
1. TIME POLICY:
A time policy is taken for definite period of time, usually not exceeding 12 months
say from January 1, 1981 to December 31, 1981. This policy is most suitable for
hull insurance.
2. VOYAGE POLICY:
Where the subject matter is insured for a specific voyage, say from Gateway of
India to Port in Srilanka it is named as voyage policy.
3. MIXED POLICY:
This policy is the combination of time and voyage policy. It, therefore, covers the
risks for both particular voyage and for a stated period of time.
4. FLOATING POLICY:
Floating policy is taken for a relatively large sum by the regular suppliers of goods.
It covers several shipments which are declared afterwards along with other
particulars. This policy is most situated to exporter in order to avoid trouble of
taking out a separate policy for every shipment.
5. VALUED POLICY:
[35]
Under its terms the agreed value of the subject matter of insurance is mentioned in
the policy itself. In case of cargo this value means the cost of goods plus freight
and shipping charges plus 10% to 15% margin for anticipated profit. The said
value may be more than the actual value of goods.
6. OPEN POLICY:
Where the value of the subject matter of insurance is not declared but left to be
ascertained and proved later it is called unvalued policy.
This policy is issued for more than one year. This covers the risk of damage to
vessels from the time its construction commences until its trail is completed.
8. BLANKET POLICY:
Under the condition of the blanket policy the maximum limit of the required
amount of protection is estimated which is purchased in lump sum. The amount of
premium is usually paid in advance. This policy describes the nature of goods
insured, specific route, ports and places of the voyages and covers all the risk
accordingly.
[36]
This policy covers all the risk of a vessel while it is standing at a port for particular
period of time.
Where the assured has no insurable interest in the subject matter of insurance that
is known as wager policy. As this policy has no legal effect so it cannot be taken to
a court of law. If underwrite refuses to accept the claim the policy holder cannot
take any legal action against him. It is, therefore, also called as gambling policy.
This policy covers special risks incident to piracy and war. It provides protection to
insured under agreement against seizure, capture, detention and other war risks.
This type of policy is purchased from more than one under writers. If there is no
any motive of fraud then insured will be indemnified by each under writer
separately in case of loss.
This policy is particularly purchased to gold diggers. It covers all the risks of
damage to gold from the time of its recovery to its distinction. This type of policy
has been introduced in Africa and is very popular in the mine fields of gold.
[37]
1. Lot of Not Lot: This clause protects the insured, which in good faith
insures goods which are on a ship which has left a foreign port, in case they
were destroyed unknown to him, before he affected the policy. In this case
both the injured as well as the insurer ought not to have been aware of the
loss of the goods or the steamer at the time of the insurance.
If the insured knew of the loss and did not inform the insurer at the time of
effecting insurance the policy would be void.
2. Name of the Ship and Master: Here is given the name of the ship
and the master for the voyage which is insured.
3. Valuation Clause: This clause states the actual value of the goods as
agreed upon between the underwriter and the insured in the case of a valued
policy, and in the ca se of an open policy a bland is left after the words, 'and
shall be valued at..'
The expression for and in the name of all and every other person or persons,
etc.' protects all persons who has insurable interest at the time of effecting
the policy or who acquired insurable interest during the continuation of the
risk.
6. Sea Perils Insured Against, or the Perils of the Sea: These perils
include in detail all the perils against which the insured is protected. This
clause in Lloyd's embraces almost all the sea perils including 'periods of the
seas, men-of-war, fire, pirates, rovers, thieves, jettisons, arrests restraints and
detention of all kings, princes and people, and mariners and of all other
perils, losses, and misfortunes that have or shall come to the hurt, detriment,
or damage of the sail goods or merchandise and the ship.'
The form of Lloyd's policy clearly uses the words, 'confessing ourselves
paid the consideration due...', as if the premium had already been paid to the
underwriter, at the time the policy was affected. In practice, however, the
premium in London on Lloyd's is not paid by the broker at the time of
affecting the policy. The practice there is to pass the amount in account
between the insurance broker and the underwriter.
[39]
and detention of all kings, princes and people, barratry of masters and
mariners and of all other perils, losses, and misfortunes that have or shall
come to the hurt, detriment, or damage of the said goods or merchandise and
the ship.'
Under the F.P.A. clause the underwriter is liable for total loss but is not liable
for particular average or partial loss. Partial loss is agreed to be paid if it
exceeds three per cent in certain cases, and five per cent in others.
10. Waiver Clause: This is in fact continuation of the 'sue and labour'
clause because it lays down that 'no acts of the assurer or assured in
recovering, saving or preserving the property insured, shall be considered as
a waiver or acceptance of abandonment. 'This clause is nowadays found in
almost all public policies of Lloyds's.
[40]
in their power to defend the property insured in case of damage or loss; and
in return in the underwriter agrees that the insured's rights to his insurance
claim are not in any way prejudiced; and that all the expense thought lawful
in such prejudiced; and that all the expenses though lawful in such attempt
shall, save costs against the damage insured, be made good by the
underwriter.
13.Causa Proxima:
The literal meaning of this Latin expression is "Proximate Cause.' This arises
when a property is insured at sea and more than one cause operates to bring
about loss, in which case the proximate cause ought to be considered. Thus,
in a case where the cargo was damaged by sea- water which trickled from a
pipe gnawed by rats, it was held that the proximate cause was the sea-water,
and the insured was entitled to damages, the rat's beings remote cause.
[41]
14. Bottomry Bond
When the master of a ship is in urgent need of money which he cannot raise
on the owner's credit, or is unable to communicate with the owner, he has the
power to give a bond known as the "bottomry bond,' by which he pledges
the ship as a security to the person advancing money.
The peculiarity of this bond is that the capital and interest on the loan is
payable only if the ship reaches its destination if therefore, after this bond is
given, the master proceeds its destination. If, therefore, after this bond is
given, the master proceeds with the voyage and has, at women other port, to
raise further money for urgent repairs, for which he gives a second bottomry
bond to some other person, this second part acquires a prior right over that of
the lender on the first bond.
The cover, automatic and optional extensions bring many benefits to your
extensive insurance cover options.
Cover includes:
2. Agreed value single sum insured on the vessel which includes, where
applicable, spars, sails, machinery, tender, outboards, trailer, equipment and
other accessories that would normally be sold with the craft.
4. Personal effects, your own or guests whilst aboard your vessel and not
otherwise insured. For moored launches and yachts up to $1,000 for fishing
gear and $5,000 in total and for trailer craft $1,000.
8. Items purchased for the vessel during any one period of insurance
automatically covered up to $25,000 in respect of moored vessels, and
$5000 for trailer craft.
[43]
9. Lump sum payment of $10,000 in total for the accidental death of the
insured/s as a result of bodily injury whilst aboard the vessel.
10. Legal liability arising from the ownership or use of the vessel
$5,000,000.
13. With our prior approval legal costs up to $10,000 should you or your
vessel be involved or implicated in a maritime accident which is the subject
of a MSA, TAIC or Coroner's inquiry.
CHAPTER 4
New India Assurance operates both in India and foreign countries. In the recent
past it has succeeded in forging tie-ups with some of the leading public sector
banks in India such as State Bank of India, Central Bank of India, Corporation
Bank and United Western Bank to increase its distribution network. New India
Assurance is a Government of India undertaking. New India Assurance became
[45]
nationalized in 1973. The New India Assurance Company Limited is one of the
leading global insurance groups and has offices and branches throughout India and
in many countries abroad.
New India Assurance has established itself in the Indian as well as global insurance
industry and has gained significant recognition owing to numerous achievements:
First Indian non-life company to cross Rs. 8225.51 crores Gross Premium
Over-seas presence in countries like Japan, U.K, Middle East, Fiji and
Australia
The company with its corporate office in Mumbai has about 28 regional offices,
397 divisional offices, 588 branches, 27 direct agent branches and 23 extension
counters in the year 2011-2012. The number of regional offices of the company in
the year 2011 stood at 28, with numerous other offices down the hierarchy of
divisional offices, branch offices, direct agents branches, micro offices. Centralized
claim processing offices called claims hubs are operated from 29 locations.
Its overseas offices for the year 2011-2012 consisted of 19 branches, seven
agencies, four associate companies and three subsidiary companies spread over 23
countries.
[47]
4.3 THE NEW INDIA ASSURANCE GENERAL INSURANCE
PRODUCTS
1. HEALTH PLAN:
Hospitalization burn a hole in our pocket and alter our quality of life by imposing
financial restrictions New India Assurance health plans guarantee peace of mind
for the insured against financial perils caused due to sudden hospitalization:
A. Mediclaim Policy
1. Janata Mediclaim policy: The New India health insurance policy covers
pre and post hospitalization expenses but in the case when hospitalization is for
more than 24 hours. The policy also provides medical expenses towards day care
treatments and ambulance charges are also met by the policy. Pre-existing diseases
are covered after four continuous and claim free renewals with the company.
[48]
3. Senior citizens Mediclaim policy: This policy is meant for senior citizens
above the age of 60 years till 80 years. Proposers must undergo a prescribed pre-
acceptance health check at their own cost to identify pre-existing diseases. The
health check is waived if the proposer is already having Mediclaim insurance in
continuity with our Company.
2. CAR INSURANCE:
New India Assurance plans provide you with a comprehensive motor policy that
lets you take care of yourself rather than a car i case of an accident. The motor
insurance plan provided by the company covers scooters, motorcycles, private cars
and all types of commercial vehicles. The policy is available under two variants-
liability only policy and package policy. Liability only policy covers third party
liability for bodily injury, death and property damage, personal accident cover for
driver is also included under the liability variant while package policy covers loss
or damage to the vehicle plus everything covered under liability policy. The
package policy also covers loss arising from fire, explosion, earthquake, flood, riot,
strike and any damage from terrorist activity. Various add on covers like damage or
loss to electrical and other accessories, legal liability to employees can be added by
paying extra premium.
Motor Policy
3. MOTOR INSURANCE:
New India Assurance Policies become a great companion for you on your holidays,
business trips or visits and help in safeguarding the dilemma of lost baggage on the
way.
[49]
A) Overseas Mediclaim policy: The New India Assurance Overseas travel
insurance is specially meant for travelers travelling frequently outside India. The
main feature of this plan is that the premium is paid in local currency while claims
are settled foreign currency. It covers medical expenses incurred by insured outside
India as a direct result of the bodily injury caused or sickness or disease contracted
during the travel. Additional benefits like loss of baggage, personal accident, loss
of passport and personal liability are extended with the payment of extra premium.
B) Suhana Safar policy: The New India Assurance Suhana Safar policy is
designed particularly for domestic travelers. The policy covers any mode of
transport like rail, road, air, water including own vehicle. This policy can be
availed for a shorter period for as short as 60 days. The policy covers the risk of
personal accident, loss or damage to the baggage of a family consisting of spouse
and dependent children. The cover operates from declared place of departure and
terminates on schedule date of return or on actual return, whichever may happen
earlier.
New India Assurance provides Marine Insurance Policy as well as the shipping
Cargo policy which helps to recover the damage to the ships and the goods during
the travel from origin to the destination. This policy covers goods, freight and other
interests against loss or damage to goods whilst being transported by rail, road, sea
and/or air.
[50]
5. HOME INSURANCE PLAN:
New India Assurance Policies help to safeguard your home and give you
comprehensive coverage against many perils.
It is advisable to compare all New India Assurance General insurance plans from
other General insurance companies in India to choose the best insurance plan that
suits you the most.
[51]
6. PERSONAL ACCIDENT PLAN:
The New India Assurance personal accident plans are one of the comprehensive
plans available in the market. One can make online comparison between The New
India Assurance personal accident premium and The New India Assurance personal
accident quotes to understand the policy.
B) Rasta Apatti Kavach (Road safety insurance): This insurance policy has been
designed to cater to the specific need of an individual who meets with an accident
with a motor vehicle on road and sustains injuries which requires hospitalization
for treatment. The policy also has provision for compensation for death and
permanent disability. The policy has two sections. One of which provides
compensation payment in case of personal accident and other is the compensation
by providing medical expenses in case of any hospitalization.
For the sixth consecutive year, the Company has been rated as "A-" (Excellent) by
M/s. A.M. Best Europe Ltd. The rating reflects Company's excellent risk adjusted
capitalization, prospective improvement in underwriting performance and its
[52]
leading business profile in the direct insurance market in India. A partially off-
setting factor is the Company's reliance on investment income which counter
balances underwriting losses. But the outlook is stable. A.M. Best believes the
Company's risk adjusted capitalization is excellent and anticipates that it will
remain sufficient to absorb the likely growth in the net premium. Further it also
expects that there will be a reduction in the combined ratio in the years to come.
The Company is likely to maintain its leading business position as the largest direct
insurer in India, despite increased competition from private players.
[53]
4.5 THE NEW INDIA ASSURANCE PERFORMANCE
New India Assurance Company is the largest non-life insurer in India. The
financial strength of the Company is reflected from the following figures:-
[54]
Statistical data on performance of NEW INDIA ASSURANCE COMPANY LTD
(1998-2012)
[55]
4.6 NEW INDIA ASSURANCE MARINE CARGO POLICY
This policy covers goods, freight and other interests against loss or damage to
goods whilst being transported by rail, road, sea and/or air.
Highlights
This policy covers goods, freight and other interests against loss or damage
to goods whilst being transported by rail, road, sea and/or air.
Different policies are available depending on the type of coverage required
ranging from an ALL RISK cover to a restricted FIRE RISK ONLY cover.
The sum insured or value of the policy would depend upon the type of contract.
Usually, in addition to the contract value 10/15% is added to take care of incidental
cost.
The following steps should be taken in event of a loss or damage to goods insured:
3. In case of damage to goods whilst on ship or port, arrange for joint ship
survey or port survey.
[56]
5. Submit duly assigned insurance policy/certificate along with the original
invoice and other documents required to substantiate the claim such as :
Policy Covers
Port Crafts
Charterers Liabilities
[57]
Dredgers
Sailing Vessels
Ship breaking
(A) The policy covers perils of the seas, rivers, lakes or other navigable waters
loss/damage to the property insured caused by:
Fire, explosion
Stranding, sinking etc.
Collision
Jettisons
Piracy
[58]
Contact with aircraft or similar objects, or objects falling there from, land
conveyance, dock or harbour equipment or installation.
Crew Negligence.
Exclusions
Port Authorities
[59]
Port / Terminal operators
Physical Damage
Third Party Liability
Business Interruption
Terrorism
Wreck Removal
Exclusions:-
[60]
o Production / Operation Cover - Well head platform/ process platform.
o Seismic Survey
Documents Essential:
[61]
Insured's report on occurrence.
Survey Report
Registry certificate
CHAPTER 5
FINDINGS & SUGGESTIONS
[62]
The complete findings and required suggestions are finally given in this chapter for
the purpose of improving the performance of New India Assurance Company
Limited in providing Marine insurance policies & also framing new policies in the
future.
5.1 FINDINGS
3. The third chapter is the analysis chapter which contains detailed information
about marine cargo insurance, the marine insurance products, its different
policies & important clauses in marine insurance.
4. The fourth chapter is also an analysis chapter which states about the New
India Assurance Company Ltd, the products offered by the company, &
different types of marine insurance and services offered by the company and
the premiums, claims and eligibility regarding the marine insurance policies.
5. The fifth chapter is the final chapter which includes required findings &
suggestions for the project.
[63]
6. During the survey it was observed that major source of information for
consumer are television and newspaper and least preference are given to
magazines, agents and friends.
7. Attractive schemes and brand image are the most important factor that
influences the buying behavior of the consumers.
5.2 SUGGESTIONS
On the basis of the collected data and the analysis, some suggestions can be made
to the New India Assurance Co. Ltd which will be helpful to them in improving
their services operational and financial performance. These suggestions have been
discussed as follows:
1. Even though most of the policy holders are satisfied with policies, plans they
have but some new attractive insurance plans should be introduce to bind them not
to switch over to other companies insurance plans.
2. The company should find out the no. of people who are not having any of the
Marine insurance plans through an intensive market research and motivate them to
get insured.
[64]
5. New India Assurance Co. Ltd should target each and every class of the society
while providing the products.
[65]
CONCLUSION
After completing the project it is concluded that New India assurance Co. Ltd has
develop its various plans and policies, flexible in nature, according to the
requirements of its targeted market or customers and is thus beneficial to its
customers in various ways. The most important benefit it provides to its customers
is that it is a government owned company. This lead to increase in the satisfaction
level of its customer that is why New India assurance Co. Ltd has28 regional
offices, 397 divisional offices, 588 branches, 27 direct agent branches and 23
extension counters in the year 2011-2012. Therefore it is not only beneficial but
better than other insurance companies not only regarding its product but also its
services.
[66]
BIBLIOGRAPHY
BOOKS:
WEBSITES
www.newindia.co.in
www.insuremarine.com
www.myinsuranceclub.com
www.allinsuranceinfo.com
[67]