Subrogation and Contribution in Insurance
Subrogation and Contribution in Insurance
3.6.1 Definition:
Subrogation allows insurers to pursue claims against third parties after
indemnifying the insured, ensuring the insured does not receive
double compensation for the same loss.
3.6.2 How Arising:
Subrogation rights can arise from tort, contract, statute, or salvage,
enabling insurers to take action against responsible third parties in the
insured's name after indemnification.
3.6.3 How Applicable:
Subrogation applies only when indemnity is present; for instance, life
insurance payments do not grant subrogation rights since they are not
indemnity payments.
3.6.4 Other Considerations:
Insurers can only recover up to the indemnity amount paid, and
various methods exist for sharing subrogation proceeds between the
insured and the insurer, depending on policy limitations and recovery
amounts.
Other Considerations Summary
Subrogation rights generally arise after indemnity in common law,
though non-marine policies may allow rights to be claimed
beforehand. Insurers can only recover what they have paid as
indemnity, but if property is abandoned, they may profit from its full
value.
The sharing of subrogation proceeds varies based on policy
limitations. For example, if an insured incurs an excess loss before
receiving payment, they may be entitled to a portion of any recovery.
Additionally, recoveries above policy limits may belong to the insurer,
and insured parties may receive a share of proceeds proportional to
their risk in cases of underinsurance.
3.5 Contribution Summary
3.5.1 Equitable Doctrine of Contribution:
This doctrine applies when multiple insurers cover the same interest
under double insurance, ensuring that the insured does not receive
more than the actual loss. For instance, if two policies cover a home,
they will collectively pay the insured amount rather than exceeding it.
3.5.2 Rateable Proportions:
Each insurer’s responsibility for the loss is defined as their "rateable
proportion," which collectively accounts for 100% of the loss.
Calculation methods exist, but they do not affect the insured’s
ultimate compensation.
3.5.3 How Arising:
Contribution applies when policies provide indemnity for the same
interest, peril, and subject matter. If policies cover different interests
(like ownership versus bailment), contribution does not apply.
3.5.4 How Applicable:
Contribution depends on indemnity; in life insurance, each policy
pays in full, as it is not based on indemnity principles.
3.5.5 How Amended by Policy Conditions:
Insurers’ obligations can be modified by policy clauses, such as
rateable proportion clauses, non-contribution clauses, or partial
contribution conditions, affecting how losses are shared among
insurers. For example, a rateable proportion clause limits an insurer’s
liability to their share of the loss, requiring the insured to claim from
multiple insurers.
Policy Provisions Providing More Than Indemnity Summary
Overview:
While indemnity is a logical principle ensuring claimants recover only
their actual loss, many policyholders misunderstand this and feel
dissatisfied when insurers reduce claims due to depreciation or wear
and tear. As a response, insurers may offer policies that provide more
generous coverage.
Types of Policies:
Reinstatement Insurance: Covers the full cost of reinstatement
after a loss without deductions for wear and tear or depreciation.
New for Old Cover: Similar to reinstatement, this policy
ensures no deductions for depreciation, commonly used in
household and marine hull insurance.
Agreed Value Policies: Fixed sums insured based on expert
valuations for high-value items, guaranteeing payment for total
losses without regard to depreciation; partial losses are paid
based on actual loss.
Marine Policies: Typically written on a valued basis, these
cover both total and partial losses based on the agreed value at
the time of loss.
Practical Problems with Indemnity:
Although indemnity is logical, many people expect to receive the full
insured amount in the event of a total loss, leading to disputes over
depreciation, as claimants often believe their property has not
depreciated significantly.
Remedies for Breach of Utmost Good Faith Summary
When the duty of utmost good faith is breached, the aggrieved party
(typically the insurer) has several remedies:
1. Avoidance of the Contract: The insurer can void the entire
contract from its inception within a reasonable time. This allows
for the return of premiums and claims paid, unless the breach
was fraudulent.
2. Tort Action for Damages: In cases of fraudulent or negligent
misrepresentation, the insurer may pursue damages in tort.
3. Waiver of Breach: The insurer may choose to waive the breach,
making the contract valid retroactively.
Types of Breach of Utmost Good Faith Summary
Breaches of utmost good faith can occur through misrepresentation or
non-disclosure and can be classified into fraudulent or non-fraudulent
actions, resulting in four categories:
1. Fraudulent Misrepresentation: Deliberately providing false
material facts to the other party.
2. Non-fraudulent Misrepresentation: Providing false material
facts either innocently or negligently.
3. Fraudulent Non-disclosure: Intentionally omitting material
facts from the other party.
4. Non-fraudulent Non-disclosure: Failing to disclose material
facts without intent to deceive, typically due to negligence.
Proposer's Duty of Utmost Good Faith Summary
The duty of utmost good faith primarily rests with the proposer (the
insured), and it has several key features:
1. Duration (at Common Law):
Material facts that the proposer (or agent) does not know until
after the contract is concluded do not need to be disclosed. For
example, if an insured discovers a medical condition after the
policy has started, they are not legally obligated to inform the
insurer, assuming the policy does not specifically require it.
However, the insurer may deny claims based on pre-existing
conditions if such exclusions are stated in the policy.
2. Duration (Under Policy Terms):
Some non-life policies require disclosure of material changes
during the contract's duration. For instance, if a person's
occupation changes, this must be disclosed in personal accident
insurance policies. Under common law, such changes do not
need to be reported until policy renewal.
3. Renewal:
The duty of utmost good faith is reinstated when a policy is up
for renewal. However, this does not apply to life policies as they
approach their anniversary dates.
4. Contract Alterations:
If alterations to the policy are requested during its term, the
proposer must disclose all material facts related to those
changes. For example, if an insured requests additional coverage
for theft, they must provide relevant information about the
security measures in place and any past theft incidents.
Application of the Principle of Proximate Cause Summary
The principle of proximate cause is essential across all insurance
classes, and its application can be complex. Here are key points to
consider:
1. Insured Peril Requirement:
There must always be an insured peril involved for a loss to be
recoverable. If no insured peril is present, the loss is
irrecoverable.
2. Single Cause:
If there is only one cause of loss:
o If it’s an insured peril, the loss is covered.
o If it’s an uninsured or excepted peril, the loss is not
covered.
3. Multiple Perils:
When multiple perils are involved, the rules vary:
o Uninsured Perils from Insured Perils: Losses are
covered. For example, water damage (uninsured) from a
fire (insured) is recoverable.
o Insured Perils from Uninsured Perils: Losses are
covered if the insured peril results from a negligent act
(uninsured).
o Excluded Perils: Generally fatal to a claim, with some
exceptions.
4. Other Features:
o The first or last cause does not always define the
proximate cause.
o Multiple proximate causes may exist (e.g., employee
dishonesty and supervisor negligence).
o The proximate cause does not need to occur on insured
premises.
o A loss may still be recoverable even if the proximate cause
is not an insured peril.
Illustration: In a scenario where cargo is damaged due to a chain of
events (negligence leading to collision, fire, explosion, and water
damage), each marine policy covering the subsequent insured perils
will be liable for the water damage.
5. Policy Modification of the Principle:
Insurers often modify proximate cause rules through policy
wording:
o Directly or Indirectly: Terms like "loss caused by" or
"loss proximately caused by" are interpreted similarly.
However, an exclusion stating "directly or indirectly" can
deny coverage even for remote causes.
o Exclusions for Delay: A policy may exclude coverage for
losses due to delays caused by insured perils, allowing
insurers to deny claims despite an insured event causing
the delay.
Note: The principle of proximate cause can lead to complex legal
interpretations, and court decisions may vary based on the specifics of
each case. Understanding these nuances requires careful consideration
and possibly legal consultation.
Life Insurance Procedures Summary
1. Company Operations
Types of Companies:
o Mutual Insurance Companies: Owned by policyholders, no
shareholders.
o Proprietary Companies: Owned by shareholders with limited
liability.
2. Company Structure
Departments:
o Accounts: Manages financial records, payments, and receipts.
o Actuarial: Handles pricing, valuations, and risk assessments using
math.
o Claims: Processes claims for benefits (like death or maturity).
o Client Service: Assists policyholders with inquiries and changes.
o Marketing: Promotes products and conducts market research.
o Underwriting: Evaluates risks and decides on policy terms.
Life Insurance Procedures - Summary
1. Company Operation Types:
Mutual Insurance Companies: Owned by policyholders (no
shareholders). Benefits policyholders by not sharing profits but may
struggle with raising new capital.
Proprietary (Stock) Companies: Owned by shareholders with limited
liability, meaning their financial responsibility is capped at their
investment.
2. Typical Company Operational Structure:
Various departments within a life insurance company include:
Accounts Department: Responsible for bookkeeping, monitoring
payments, recording receipts, and ensuring compliance by submitting
audited accounts annually.
Actuarial Department: Handles mathematical calculations for product
pricing, asset and liability valuations, claims assessments, and
management reporting.
Agency Training and Control: Focuses on the recruitment, training, and
oversight of insurance agents, including organizing training programs and
examinations.
Claims Department: Manages the processing of claims, including
routine administration, investigations for validity, and various types of
claims such as death claims and surrenders.
Client Service: Addressing policy change requests, communication with
clients, documentation management, and handling policy renewals.
Marketing: Involves product research and development, promotions,
advertising, public relations, and market research to understand client
needs and trends.
Underwriting: Evaluates risk, assesses medical requirements, and
manages reinsurance arrangements.
3. Application Process
Application: A request for insurance coverage.
Key Rules:
o Complete all questions truthfully.
o Provide necessary documents.
o Changes to answers must be documented clearly.
4. Policy Effectiveness
Receipts: Acknowledge payment; two types:
o Conditional: Coverage starts if the applicant is insurable.
o Binding: Coverage starts immediately for a limited time.
5. Client Service
Cooling-Off Period: 21 days to cancel the policy for a full refund.
Policy Changes: Can include changes to coverage type, beneficiaries, or
personal details.
6. Claims Process
Maturity Claims: Paid when the policy matures.
Death Claims: Paid upon the insured person's death.
Surrenders: Cashing in the policy early.
7. Important Notes
Always keep policy documents safe.
Ask questions if unsure about any part of the process.
Be aware of potential fees for changing or canceling policies.
What is an Application?
An application (or proposal) is a request for life insurance from someone who
wants to buy it. This is an important step because once the insurance starts, it
can’t be canceled by the insurer.
Application Procedure:
1. Filling Out the Application:
o Pays money if the insured survives the term or if they die during
the term. Often used for savings and protection.
4. Whole Life Insurance:
o Lasts your whole life and pays money when the insured person
dies, no matter when that is. Premiums can be paid for life, for a
certain number of years, or up to a certain age.
Key Points to Remember:
Level Term = Same payment & same amount if you die.
Decreasing Term = Less paid out over time.
Increasing Term = More paid out over time.
Renewable = Can renew easily; prices go up.
Convertible = Change to permanent without checks.
Endowment = Get paid if you live through the term or when you die.
Whole Life = Covers your entire life with a payout when you die.
o "Total Disability" means you can't do your job or any other job you are quali-
fied for because of health problems. This is similar to the definition in the
Waiver of Premium Rider.
2. Amount of Money Received:
o There are two ways to figure out how much money you get during total disab-
ility:
Income Formula: This pays you a percentage of your income before
you got disabled, minus any other money you get from different disab-
ility benefits.
Flat Benefit Amount: This pays a fixed amount of money each
month, and it doesn't matter if you get money from other sources.
3. Waiting Period:
o Before you start getting these income payments, there's usually a waiting
period that can be from 1 to 6 months.
4. Not a Loan:
o The money you receive is not a loan or advance payment. Your original insur-
ance policy stays active during total disability.
o If you pass away while receiving disability income, your insurance will still
pay out the full amount from your policy in addition to any disability pay-
ments you've already received.
What are Accident Benefits?
Accident Benefits are extra protections in a life insurance policy that cover things re-
lated to accidents.
They usually come in a rider called Accidental Death and Dismemberment
(AD&D) Rider.
Key Features of the AD&D Rider:
1. Accidental Death Benefit (ADB):
o If someone dies in an accident, their policy pays an extra amount equal to the
policy's face value.
o For this to happen:
o If someone loses two limbs or their sight in both eyes from an accident, they
get paid the same amount as the accidental death benefit.
o If someone loses one limb or sight in one eye, they get a lower percentage of
the benefit.
o Definitions:
Losing a limb means either actually losing it or losing the use of it.
3. Combination of Benefits:
Self-inflicted injuries.
War-related injuries.
Injuries while doing illegal activities.
Injuries from disease or illness, unless caused by an accident.
Issues related to childbirth and pregnancy.
Injuries from risky sports.
o When someone claims these benefits, the amount paid out will reduce the fu-
ture death benefit that the beneficiaries will receive. Some companies might
ask beneficiaries to sign a form acknowledging this.
4. Types of Benefits:
Premium Waiver: Some policies may waive future premiums after three months of
being disabled.
3.3.2 Long-Term Care (LTC) Benefit
This benefit isn't very common but allows policyholders to use part of their death be-
nefit for long-term care needs:
o If the insured person needs constant care due to a medical condition.
Medical Evidence: Sometimes, a doctor must confirm that the care needed is medic-
ally necessary. This often involves proving that they can’t do certain daily activities
(like dressing or moving).
Amount of Benefit: Typically, you can get 2% of the death benefit each month for
nursing home care and 1% for home healthcare.
Waiting Period: Generally, there’s a 90-day waiting period before benefits kick in,
and the policy should usually be in effect for at least a year.
Premium Waiver: While receiving LTC benefits, premiums for both the rider and
the main policy may be waived.
Conclusion:
Accelerated Death Benefits provide important support to people facing serious
health issues by allowing them to access their death benefits early. These bene-
fits can help lessen financial stress during difficult times when health is at risk.
Good luck on your exam!
Medical Benefits in Life Insurance
What are they? Medical benefits used to be separate from life insurance
but are now often included as part of life insurance policies.
How they work: You can get medical coverage as an add-on (called a
rider) to your life insurance or buy it separately.
2. Types of Medical Coverage
Basic Plan: This helps cover costs when you go to the doctor or hospital.
It usually has these parts:
o Hospital Charges: Different rooms (private, semi-private, ward)
with costs.
o Private Nursing: You can have a nurse take care of you at home or
in the hospital.
o Surgeon Fees: Money for doctors who perform surgery.
o In-patient Physician and Specialist Fees: Costs for doctors who
treat you while you stay in the hospital.
o Follow-up Care: Check-ups after leaving the hospital.
o Emergency Help Abroad: Assistance if you get sick while
traveling.
Optional Medical Plan: For more coverage, you can choose a plan with
higher limits by paying extra money.
3. Major Exclusions
Some things aren’t covered by medical insurance:
Pre-existing Conditions: Health problems you had before getting
insurance.
Pregnancy and Childbirth: Costs related to having a baby.
Drug Abuse: Issues related to substance use.
HIV/AIDS: Sometimes excluded for the first few years.
Congenital Abnormalities: Problems you are born with.
4. Voluntary Health Insurance Scheme (VHIS)
What is it? Launched on April 1, 2019, this scheme makes it easier to
buy health insurance and gives people more choices.
Tax Benefits: You can get tax deductions for the money spent on certain
health insurance premiums. Each person can get up to HK$8,000 in
deductions.
5. Features of VHIS
Who can join? People aged 15 days to 80 years.
Two Types of Plans:
o Standard Plan: Basic coverage for everyone.
o Flexi Plan: Offers more benefits and flexibility.
Free Pricing: Insurance companies can set their own prices, but they
need to be transparent about it.
6. Guaranteed Insurability Option (GI)
What is it? This lets you buy more insurance later without proving
you’re still healthy.
When Can You Use It? You can use this option at certain ages or after
life events like getting married or having a baby.
7. Inflation and Costs
Cost of Living Adjustment (COLA): This helps ensure that the income
you get if you become disabled keeps up with rising prices, so you can
buy what you need over time.
What is it?
An Incontestability Provision is a rule in life insurance that says after two years,
the insurance company can't say the policy isn't valid or that they won't pay if
the insured dies, unless there was fraud.
Key Points:
1. Two-Year Rule:
o If you have life insurance, after it’s been active for two years, the
company can’t contest it.
o If something happens to the person insured before those two years
are up, the company can question it.
2. Fraud Issues:
o If the person who got the insurance lied or didn’t tell the truth (this
is called fraud), then the insurance company can still argue against
paying, even after two years.
3. Example Case:
o A man got life insurance and later got seriously sick but didn’t tell
the insurance company about his symptoms.
o After he passed away, his wife claimed the insurance.
o The insurance company said they wouldn’t pay because he didn’t
share important health information.
o However, because he genuinely thought he was just sick with a
cold, and the insurance had been active for over two years, the de-
cision was made in favor of his wife.
4. Important Takeaways:
o Always tell the insurance company the truth when you apply!
o If you try to hide something on purpose, they might not pay when
it’s time to claim.
o After two years, it’s harder for the company to say they won’t pay
unless there’s proof of lying.
What is it?
A Grace Period is a special time after your insurance payment (called a
premium) is due, where you can still have your insurance coverage even if you
haven’t paid yet. This helps in case you forget to pay on time.
Key Points:
1. How Long is the Grace Period?
o The grace period doesn’t apply to the very first payment you make
when starting the insurance.
3. Paying During the Grace Period:
o Not Free Insurance: Just because you have a grace period doesn’t
mean it’s free.
If the person insured dies during the grace period, the unpaid
premium will be taken away from the insurance money paid
out to the family.
If the insured lives beyond the grace period without paying,
the insurance will no longer be valid, and it will lapse (stop
working).
5. Differences between Policies:
o In U.K. style policies, if you don’t pay after the grace period, the
insurance lapses right away.
o In U.S. style policies, the insurance stays active until the end of the
grace period, giving you a bit of extra time for “free insurance”
What is it?
A beneficiary is a person that the owner of a life insurance policy chooses to re-
ceive money (death benefit) if the person insured passes away. It's important
that the beneficiary is still alive when the insured person dies.
Key Points:
1. Who is the Beneficiary?
o The beneficiary is usually named in the policy. You can also name
groups, like saying “my children” instead of listing each child’s
name.
2. Types of Beneficiaries:
o Primary Beneficiary: This is the first person who gets the death
benefit. If there are multiple primary beneficiaries, they usually
share the money equally unless stated otherwise.
o Contingent Beneficiary: This is the backup person who gets the
money if the primary beneficiary isn't alive.
3. Changing the Beneficiary:
o You can change who the beneficiary is while the policy is active.
This can be a revocable beneficiary, meaning you can change it
whenever you want.
o If you make it an irrevocable beneficiary, you can’t change it
without getting permission from that beneficiary.
4. Important Legal Notes:
o After you’ve had your life insurance for a while, it usually builds
cash value, which you can use.
2. Keeping Your Insurance:
o If you forget to pay your premium, your insurance won’t lapse
(stop working) right away. The cash value can cover your pay-
ments.
3. Options if You Stop Paying:
o You don’t have to pay back right away. Unpaid interest joins the
loan amount.
o If you pass away, the loan amount will be taken from the benefit
your beneficiaries receive.
Reinstatement - Summary for Kids
What is Reinstatement?
Reinstatement means bringing back a life insurance policy that has stopped
working (lapsed).
1. Time Limit:
o The payout might change based on what the correct age or sex
should have been. If too much premium was paid, you’ll get a re-
fund.
2. If a Claim Doesn’t Happen Yet:
o You can either keep the current policy but change the premium
amount, or adjust the policy to fit the correct age/sex.
What is Assignment?
Assignment in insurance means that you can transfer your rights or benefits in a
life insurance policy to someone else. The person giving away rights is called
the assignor, and the person receiving the rights is called the assignee.
Key Points:
1. Legal Assignment:
o You can only assign rights that you currently have, not rights that
you might have in the future. Rights in life insurance contracts are
considered present even if you can’t use them until later.
3. Notice of Assignment:
o The assignment becomes valid when you notify the insurance com-
pany in writing.
4. Rights of the Assignee:
o The assignee gets all rights from the assignor but can't recover
more than the assignor could.
o If the assignor did something wrong like lying when getting the in-
surance, the company can refuse to pay the assignee.
5. Assignment Limitations:
o Absolute Assignment: The new owner gets all rights to the policy
permanently.
o Collateral Assignment: The policy acts as security for a loan.
Once the loan is paid, rights go back to the original policy owner.
Dividend Options - Summary
What are Dividends?
Dividends are extra payments you might get from your life insurance policy if it
does well financially. Here are ways you can receive or use your dividends:
1. Options for Cash Dividends:
o If there's a dispute over whether the death was a suicide, the insur-
ance company has to prove it was a suicide.
o Insurers may sometimes choose to pay out anyway if they feel the
situation is unique, even if technically not required.