PWC'S INSURANCE INSIGHTS ANALYSIS OF REGULATORY CHANGES AND IMPACT ASSESSMENT FOR MARCH 2018 - PWC INDIA

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PWC'S INSURANCE INSIGHTS ANALYSIS OF REGULATORY CHANGES AND IMPACT ASSESSMENT FOR MARCH 2018 - PWC INDIA
PwC’s Insurance Insights
Analysis of regulatory changes and impact
assessment for March 2018

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PWC'S INSURANCE INSIGHTS ANALYSIS OF REGULATORY CHANGES AND IMPACT ASSESSMENT FOR MARCH 2018 - PWC INDIA
PwC’s Insurance Insights

                  Our point of view on recent trends in insurance     Other key guidelines issued by the Authority during the month of March 2018      Contacts

      Preface

During the month of February 2018,         company as the leading life
the insurance sector witnessed an          insurance provider in the country.
increase in the amount of premiums         In terms of insurance policies issued
collected. Specifically within the life    upto February 2018, LIC issued
insurance sector, the Life Insurance       a significant amount of policies,
Corporation of India (LIC) continues       totalling to more than double those
to dominate the market share. A            of private life insurers. However, at
brief outlook at the general and           the same time, private life insurers
life insurance sectors, in terms of        have held a significant market share
premium collection, market share,          in terms of the number of lives
number of policies issued and lives        covered under group schemes.
covered, has been presented below.
                                          • Within the general insurance sector,
• The figures clearly depict the            there has been growth in revenues
  dominance of the public sector in         earned by companies. Private
  terms of premium collection and           and public sector general insurers
  market share in both life and             both continue to enjoy a large
  general insurance.                        market share in the general
                                            insurance sector.
• In the case of life insurance, the
  market share of LIC has increased
  by almost 70%,1 cementing the

1
    IRDAI

2 PwC                                                                                                                                        PwC’s Insurance Insights
PWC'S INSURANCE INSIGHTS ANALYSIS OF REGULATORY CHANGES AND IMPACT ASSESSMENT FOR MARCH 2018 - PWC INDIA
PwC’s Insurance Insights

                                      Our point of view on recent trends in insurance                 Other key guidelines issued by the Authority during the month of March 2018                     Contacts

                       Preface

General insurance sector                                                                                          Life insurance sector
New business premium (in crore INR)                                                                               Premium in crore INR

                        140000.00
Premium in crore INR

                                                                                                                             140000.00
                        120000.00                                                                                            120000.00
                        100000.00                                                                                            100000.00
                         80000.00
                                                                                                                              80000.00
                         60000.00
                                                                                                                              60000.00
                         40000.00
                                                                                                                              40000.00
                         20000.00
                                                                                                                              20000.00
                             0.00
                                                                                                                                  0.00
                                    Private and public sector   Stand-alone private      Specialised PSU
                                                                                                                                              For February     For February          Up to 28        Up to 28
                                         general insurers         health insurers           insurers
                                                                                                                                                  2017             2018           February 2017   February 2018
                                                                General insurers                                                               3944.09           5248.24             41250.19        48891.40
                                                                                                                     Private life insurers
                                           For February 2017                  For February 2018                      LIC                       6847.59           8476.73             99096.57       115803.52

                                           Up to 28 February 2017             Up to 28 February 2018                                                 Private life insurers         LIC
Market share up to February 2018                                                                                  Market share up to February 2018

                             5% 6%
                                                                Private and public sector general insurers                 30%

                                                                Stand-alone private health insurers                                                                 Private life insurers

                                                                Specialised PSU insurers                                                                            LIC

                                                                                                                                             70%
                                     89%

Source: IRDAI                                                                                                     Source: IRDAI
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PWC'S INSURANCE INSIGHTS ANALYSIS OF REGULATORY CHANGES AND IMPACT ASSESSMENT FOR MARCH 2018 - PWC INDIA
PwC’s Insurance Insights

                      Our point of view on recent trends in insurance         Other key guidelines issued by the Authority during the month of March 2018                 Contacts

   Preface

Number of policies/schemes                                                                 Number of lives covered under group schemes

         18000000.00
         16000000.00
                                                                                                    120000000.00
         14000000.00
         12000000.00                                                                                100000000.00
         10000000.00                                                                                 80000000.00
          8000000.00                                                                                 60000000.00
          6000000.00
                                                                                                     40000000.00
          4000000.00
          2000000.00                                                                                 20000000.00
                0.00                                                                                          0.00
                           For February     For February      Up to 28        Up to 28                                For February     For February     Up to 28        Up to 28
                               2017             2018       February 2017   February 2018                                  2017             2018       February 2017   February 2018

   Private life insurers   577011.00         593619.00      5191670.00      5753415.00        Private life insurers   7575619.00       12295768.00    110722234.00     106343590.00
   LIC                     1761155.00        1851386.00    15344205.00     16725281.00        LIC                     2478179.00        8251467.00    43305652.00      46893195.00

                                  Private life insurers     LIC                                                              Private life insurers     LIC

Source: IRDAI                                                                              Source: IRDAI

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PWC'S INSURANCE INSIGHTS ANALYSIS OF REGULATORY CHANGES AND IMPACT ASSESSMENT FOR MARCH 2018 - PWC INDIA
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    Preface                                                             Other key guidelines issued by the Authority during the month of March 2018      Contacts

                  Our point of view on recent trends in insurance

In this edition, we wish to focus upon     more than 25% of motor insurance          masters accordingly. In order to
the significance of motor insurance.       policies written in 2015–16 were that     simplify and promote ease of selling
In India, it is mandatory to avail third   of new vehicles and more than 70%         motor insurance policies:
party motor insurance. Surprisingly,       of policies were associated with less
                                                                                     • The Authority has recently issued
motor insurance is one of the largest      than 6 year old vehicles. This is an
                                                                                       Guidelines on Motor Service
portfolios for general insurers and        indication of the number of uninsured
                                                                                       Providers regularising the role
it has contributed nearly 39% to the       vehicles on the roads.2
                                                                                       played by automobile dealers
gross direct premium written by
                                           While there are several initiatives         in selling and servicing motor
general insurers in 2016–17.
                                           that are being undertaken by the            insurance policies.
The segment assumes significance           Government of India through its
                                                                                     • The Authority has also recently
also because of third party insurance,     legislative and executive powers and
                                                                                       issued an Exposure Draft on
which is mandated by law. Due to its       the Authority through its regulatory
                                                                                       Telematics, which has the potential
controlled pricing mechanism and           framework, statistics indicate that
                                                                                       to revolutionise the pricing
high-loss ratios, third party motor        much more needs to be done. Further,
                                                                                       mechanism of motor insurance by
insurance has been subject to close        several initiatives have been taken by
                                                                                       the use of technology in assessing
regulatory supervision and has             the Authority to promote motor third
                                                                                       the risks posed by a particular driver
experienced many ups and downs.            party liability insurance awareness,
                                                                                       or a particular vehicle.
                                           for which the Authority personally
Another analysis conducted by
                                           publishes the premium rates each          • The Authority has also permitted
the Insurance and Regulatory
                                           year, which every insurer needs to          the sale of simple motor insurance
Development Authority of India
                                           comply with and set their premium           policies through point of
(IRDAI [the Authority]) shows that
                                                                                       sale persons.

2
 IRDAI Journal. (September 2017). Motor insurance in India.
Retrieved from https://www.irdai.gov.in/ADMINCMS/cms/Uploadedfiles/IRDAI%20Journal%20September%202017.pdf

5 PwC                                                                                                                                          PwC’s Insurance Insights
PWC'S INSURANCE INSIGHTS ANALYSIS OF REGULATORY CHANGES AND IMPACT ASSESSMENT FOR MARCH 2018 - PWC INDIA
PwC’s Insurance Insights

      Preface       Our point of view on recent trends in insurance                                                                                          Contacts

                                                                          Other key guidelines issued by the Authority during the month of March 2018

Directions of High Court of Delhi at New Delhi on Exclusions related to Genetic Disorders3

Ref: IRDAI/HLT/REG/CIR/046/03/2018                       Date of issue: 19 March 2018                 Applicability: To all Life, General and Health Insurers

Introduction                                Implications for insurers                   genetic disorder will get insured.
                                                                                        At the time of underwriting policies,
The Authority recently directed all         • No claim in respect of any existing
                                                                                        insurance companies are free
insurance companies to re-look at             health insurance policy shall be
                                                                                        to refuse health insurance to
their exclusionary clauses in insurance       rejected based on exclusions related
                                                                                        customers they see as unfit.
contracts and ensure that they do not         to genetic disorders.
                                                                                        However, once insured, the insurer
reject claims on the basis of exclusions
                                            • Insurers are not allowed to include       can’t deny a claim on the grounds of
relating to genetic disorders.
                                              genetic disorders as one of the           a genetic disorder.
The basis for this direction was the          exclusions in the new health
recent judgment in the case of M/s            insurance policies issued in respect
United India Insurance Company                of all their existing health insurance
Limited vs Jai Parkash Tayal, wherein         products and also in the new
the Hon’ble High Court of Delhi held          products launched and/or filed
that the exclusionary clause of genetic       under the provisions of Guidelines
disorders in insurance policies is too        on product Filing in Health
broad, ambiguous and discriminatory           Insurance Business dated
and thus violates Article 14 of the           29 July 2016.
Constitution of India.
                                            • The notification, however, does not
                                              indicate that a person with a known

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    https://www.irdai.gov.in/ADMINCMS/cms/whatsNew_Layout.aspx?page=PageNo3426&flag=1

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PWC'S INSURANCE INSIGHTS ANALYSIS OF REGULATORY CHANGES AND IMPACT ASSESSMENT FOR MARCH 2018 - PWC INDIA
PwC’s Insurance Insights

      Preface       Our point of view on recent trends in insurance                                                                                           Contacts

                                                                          Other key guidelines issued by the Authority during the month of March 2018

The Prevention of Money-laundering (Maintenance of Records) Second and Seventh Amendment
Rules 20174
                                                                                                      Applicability: To all life and general insurers
Ref: IRDA/SDD/CIR/MISC/047/03/2018                       Date of issue: 20 March 2018
                                                                                                      (Including Standalone Health Insurers)

Introduction                                Implications for insurers
On 1 June 2017, the Government of           • In case of existing insurance policies,
India issued a notification stating that      the date for linking Aadhaar has
Aadhaar and PAN/Form 60 would                 been extended till the verdict is
be made mandatory for availing any            announced by the Hon’ble Supreme
financial services, including insurance.      Court of India.
Further, it was clarified in circular
                                            • In case of new insurance policies,
IRDAI/SDD/MISC/CIR/248/11/2017
                                              insurers should collect Aadhaar
that an Aadhaar number would
                                              details and PAN/Form 60 from
be required to be linked to an
                                              their clients within six months from
insurance policy.
                                              the starting date of the account-
In light of the recent petition of the        based relationship. In cases where
Hon’ble Supreme Court of India dated          clients do not have their Aadhaar
13 March 2018, the deadline for               details, they can provide any official
linking Aadhaar has been extended             valid document, as mentioned
till the matter has been heard and the        under the Prevention of Money
judgement has been declared.                  -Laundering (Maintenance of
                                              Records) Rules, 2005.

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      Preface       Our point of view on recent trends in insurance                                                                                       Contacts

                                                                         Other key guidelines issued by the Authority during the month of March 2018

Premium Rates for Motor TP Liability Insurance Cover for FY 2018-195

Ref: IRDA/NL/NFTN/MOTP/053/03/2018                       Date of issue: 28 March 2018

Introduction                                Implications for insurers
The Authority had released an               • Insurers, on an immediate basis, will
exposure draft on 7 March 2018 on             have to configure their systems and
the revision of premium rates for             amend their premium masters and
motor third party insurance covers,           underwriting policies in compliance
inviting comments from all concerned          with the said guidelines.
stakeholders. Pursuant to comments
                                            • Insurers are not allowed to cancel
received from the stakeholders and
                                              current insurance policies and
examination by the Authority, the
                                              undertake new policies to avail the
Authority has notified premium rates
                                              new premium rates.
applicable to motor third party liability
insurance covers for the year 2018–19.      • This notification as well as the
The detailed rates of premium based           schedule of premium rates shall be
on the category of the vehicle are            prominently displayed on the notice
mentioned in the circular issued.             board of every underwriting office
                                              and on insurers’ websites where it
                                              can be viewed by the public.

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PwC’s Insurance Insights

      Preface       Our point of view on recent trends in insurance                                                                                       Contacts

                                                                         Other key guidelines issued by the Authority during the month of March 2018

Exemption of reinsurance schemes, in respect of specified insurance schemes, from the purview of GST6

Ref: IRDA/F&A/CIR/MISC/052/03/2018                       Date of issue: 28 March 2018                  Applicability: All insurers

Introduction                                schemes. The captioned order stated         that if the benefit of reduction in
                                            above contains a total of 24 such           premium is not passed down to the
Based on the meeting held by the
                                            schemes which are exempt from GST,          beneficiary/government, suitable
Goods and Services Tax (GST) Council
                                            stated as part of the annexure to the       action can be taken against the
on 18 January 2018, it was decided
                                            order. These schemes, inter-alia,           insurance company, as per section 171
to exempt reinsurance schemes,
                                            include the Pradhan Mantri Jeevan           of the Central Goods and Services Tax
in respect of specified insurance
                                            Jyoti Bima Yojana (PMJJBY) and              (CGST) Act, 2017.
schemes, from the purview of the tax
                                            Pradhan Mantri Fasal Bima Yojana
network vide D.O. No. 354/12/2018-
                                            (PMFBY), among others.
TRU dated 24 January 2018 from
the finance secretary. Given the fact       Implications for insurers
that no GST is payable on insurance
                                            This exemption is on the basis that any
premium in such schemes but that
                                            benefit derived by insurers on account
GST was applied on reinsurance for
                                            of reduction in premium should be
such schemes led the GST Council
                                            passed on to the beneficiary and also
to accept the proposal to exempt
                                            state and central exchequers.
reinsurance for specific insurance
                                            Thus, insurers should keep in mind

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   Preface     Our point of view on recent trends in insurance   Other key guidelines issued by the Authority during the month of March 2018

                                                                                                                                                  Contacts

Vivek Iyer                            Joydeep K Roy                          Dnyanesh Pandit                         Saigeeta Bhargava
Partner                               Partner                                Director                                Associate Director
vivek.iyer@pwc.com                    joydeep.k.roy@pwc.com                  dnyanesh.pandit@pwc.com                 saigeeta.bhargava@pwc.com
Mobile: +91 9167745318                Mobile: +91 9821611173                 Mobile: +91 9819446928                  Mobile: +91-9560518833

Yugal Mehta                           Varsha Mehrotra                        Prateek Kannan
Manager                               Consultant                             Consultant
yugal.mehta@pwc.com                   varsha.mehrotra@pwc.com                prateek.kannan@pwc.com
Mobile: +91 9970163293                Mobile: +91 83890640211                Mobile: +91 9840753109

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