GUIDELINES ON INSURANCE PRODUCTS FOR INSURANCE COMPANIES AND INTERMEDIARIES



Similar documents
Insurance Regulatory Authority

Insurance Regulatory Authority IRA/PG/12 GUIDELINE TO THE INSURANCE INDUSTRY ON REINSURANCE ARRANGEMENTS

INSURANCE REGULATORY AUTHORITY IRA/PG/ GUIDELINE TO THE INSURANCE INDUSTRY ON THE BUSINESS CONTINUITY MANAGEMENT

GUIDELINES ON CLAIMS MANAGEMENT FOR THE INSURANCE INDUSTRY

Insurance Regulatory Authority

GUIDELINES ON MARKET CONDUCT FOR INSURANCE INVESTIGATORS AND MOTOR ASSESSORS

INSURANCE (LINKED LONG TERM INSURANCE BUSINESS) RULES 2014 ARRANGEMENT OF RULES

Key Rules for General Insurance Brokers

Guidance Note GGN Insurance Risk

DISCLOSURE AND ADVISORY PROCESS REQUIREMENTS FOR ACCIDENT AND HEALTH INSURANCE PRODUCTS

(125th General Assembly) (Substitute House Bill Number 243) AN ACT

NC General Statutes - Chapter 58 Article 60 1

Exposure Draft on Guidelines on Replacement of Life Insurance Policies

INVESTMENT SAVINGS & INSURANCE ASSOCIATION OF NZ INC ISI QUARTERLY STATISTICS GUIDELINE FOR COMPLETING RETURNS

GUIDELINES ON RISK MANAGEMENT AND INTERNAL CONTROLS FOR INSURANCE AND REINSURANCE COMPANIES

NATIONAL INSURANCE COMMISSION GUIDELINES ON APPLICATIONS FOR APPROVAL OF NEW AND REPACKAGED LIFE INSURANCE PRODUCTS

FINANCIAL SERVICES BOARD

Separate account annual statement and other information to be submitted to commissioner.

Rule 9 On Prescribing Reserve Requirements of Insurance Companies

Life Assurance (Provision of Information) Regulations, 2001

Prudential Practice Guide

NC General Statutes - Chapter 58 Article 60 1

Australian Accounting Standards Board (AASB)

CONCISE EXPLANATORY STATEMENT. Insurance Regulation 41 Annuity Disclosure

Chapter 89. Regulation 70 Replacement of Life Insurance and Annuities INSURANCE

ARKANSAS INSURANCE DEPARTMENT LEGAL DIVISION 1200 West Third Street Little Rock, AR FAX

(28 February 2014 to date) LONG-TERM INSURANCE ACT 52 OF 1998

GLOSSARY. A contract that provides for periodic payments to an annuitant for a specified period of time, often until the annuitant s death.

GN8: Additional Guidance on valuation of long-term insurance business

Review Requirements Checklist INDIVIDUAL VARIABLE LIFE

Consultation on Review of Participating Fund Business for Life Insurers

CHAPTER STANDARD VALUATION LAW

CHAPTER 1: ANNUITY CONTRACTS AND CONSUMERS...1

Insurance Chapter ALABAMA DEPARTMENT OF INSURANCE ADMINISTRATIVE CODE CHAPTER ANNUITY DISCLOSURE TABLE OF CONTENTS

Life Insurance Corporation (Singapore)Pte Ltd UEN E MANAGEMENT REPORT 31/12/2014

GUIDANCE NOTE DETERMINATION OF LIFE INSURANCE POLICY LIABILITIES

Challenger Guaranteed Income Fund (For IDPS investors)

INSURANCE REGULATION 41 ANNUITY DISCLOSURE

MemberCare Life Insure Policy

VERMONT DEPARTMENT OF BANKING AND INSURANCE REVISED REGULATION 77-2 VERMONT LIFE INSURANCE SOLICITATION REGULATION

CHAPTER ANNUITY TRANSACTION PRACTICES

Measures on Administration of Health Insurance

MANAGEMENT OF PARTICIPATING LIFE INSURANCE BUSINESS

Insurance (Valuation of Long Term Liabilities) Regulations 2007 Consultative Document

No. 63 Page 1 of

Chapter LIFE INSURANCE ILLUSTRATIONS REGULATION

FRAMEWORK FOR INTRODUCTION OF NEW PRODUCTS...5 SUPERVISORY EXPECTATIONS ON PRODUCT RISK MANAGEMENT AND FAIR TREATMENT OF CONSUMERS...

(1 March 2015 to date) LONG-TERM INSURANCE ACT 52 OF 1998

LIA Guidelines on Benefit Illustrations

114CSR8 LEGISLATIVE RULES INSURANCE COMMISSIONER SERIES 8 REPLACEMENT OF LIFE INSURANCE POLICIES AND ANNUITY CONTRACTS

State of Rhode Island and Providence Plantations DEPARTMENT OF BUSINESS REGULATION Division of Insurance 233 Richmond Street Providence, RI 02903

MINIMUM SURRENDER VALUES AND PAID-UP VALUES

LIFE INSURANCE ILLUSTRATIONS MODEL REGULATION

Standard Valuation Law.

RULE 97 LIFE INSURANCE AND ANNUITIES REPLACEMENT

GN 16 GUIDANCE NOTE ON UNDERWRITING LONG TERM INSURANCE BUSINESS (OTHER THAN CLASS C BUSINESS)

LIFE INSURANCE ILLUSTRATIONS MODEL REGULATION

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 166

State of Rhode Island and Providence Plantations DEPARTMENT OF BUSINESS REGULATION Division of Insurance 1511 Pontiac Avenue Cranston, RI 02920

Suggested Standards for Product Designers, Managers and Distributors. June Edition 3.0

CHAPTER 16 REPLACEMENT OF LIFE INSURANCE AND ANNUITIES [Prior to 10/22/86, Insurance Department[510]]

SECTION 99.1 Purposes. The purposes of this Part are:

銀 行 操 守 部. Banking Conduct Department. Our Ref: B1/15C C2/5C. 8 December The Chief Executive All Authorized Institutions.

SUBCHAPTER PP. Annuity Disclosures 28 TAC INTRODUCTION. The Texas Department of Insurance (Department) proposes new

MINNESOTA REQUIREMENTS, DEFERRED INDEXED ANNUITIES

Termination Values, Minimum Surrender Values and Paid-up Values

Unofficial Consolidation

VARIABLE ANNUITY CONTRACTS

16 LC ER A BILL TO BE ENTITLED AN ACT BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Ch. 87 SPECIAL REQUIREMENTS 31 CHAPTER 87. REQUIREMENTS FOR CERTAIN LIFE INSURANCE POLICIES AND SALES PRACTICES GENERAL PROVISIONS

How To File A Withdrawal Plan In West Virginia

POLICY CONDITIONS Conductor Personal Pension Plan (PC CPPP 06/11)

Act means Intergovernmental Risk Management Act.

Policyholder Protection In Mutual Life Insurance Company Reorganizations

THE SOCIETY OF ACTUARIES IN IRELAND

1. This Prudential Standard is made under paragraph 230A(1)(a) of the Life Insurance Act 1995 (the Act).

TITLE 50: INSURANCE PART 1406 INDIVIDUAL AND GROUP LIFE INSURANCE POLICY ILLUSTRATIONS CHAPTER I: DEPARTMENT OF INSURANCE

DRAFT May Objective and key requirements of this Prudential Standard

Life Insurance Corporation (Singapore)Pte Ltd UEN E MANAGEMENT REPORT 31/12/2013

IFSA Guidance Note No

Guideline. for Credit Providers. Compliance Report. Number 2 September 2010

PAYMENT PROTECTION INSURANCE MARKET INVESTIGATION ORDER 2011

PRODUCT KEY FACTS STATEMENT

INSURANCE DEPARTMENT OF THE STATE OF NEW YORK REGULATION NO. 147 (11 NYCRR 98) VALUATION OF LIFE INSURANCE RESERVES

Title 24-A: MAINE INSURANCE CODE

Actuarial Report. On the Proposed Transfer of the Life Insurance Business from. Asteron Life Limited. Suncorp Life & Superannuation Limited

211 CMR: DIVISION OF INSURANCE

TRUSTEE TRANSFER PLAN Policy Document

ANNUITY DISCLOSURE MODEL REGULATION

02 DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION

Commercial Union Life Assurance Company Limited

Standard Life Investment Funds Limited

CLIENT TERMS OF BUSINESS AGREEMENT

Page # 1 Checklist Credit December 2012 (3).docx Date Revised: 12/17/12

Dumfries Mutual Insurance Company Financial Statements For the year ended December 31, 2010

ISSUING AGENCY: New Mexico Public Regulation Commission, Insurance Division. [ NMAC - Rp 13 NMAC 9.6.1, ]

LAW ON THE PROTECTION OF FINANCIAL SERVICES CONSUMERS

Disclosure of Important Information to Life Insurance Customers

State of Israel Ministry of Finance - Capital Market, Insurance and Savings Division

Jackson National Life Global Funding U.S. $9,000,000,000

Transcription:

GUIDELINES ON INSURANCE PRODUCTS FOR INSURANCE COMPANIES AND INTERMEDIARIES JUNE 2012

TO: ALL REINSURANCE COMPANIES ALL INSURANCE COMPANIES ALL INSURANCE INTERMEDIARIES RE: GUIDELINES ON INSURANCE PRODUCTS FOR INSURANCE COMPANIES AND INTERMEDIARIES These Guidelines on Insurance Products are issued pursuant to Section 3A of the Insurance Act for observance by insurance companies and intermediaries. These guidelines aim to ensure that insurance products sold by insurance companies and intermediaries are suitable to consumers, fairly priced and function as intended. The guidelines offer guidance on principles to be adhered to in product design, pricing, marketing, disclosures and how applications for issuance of new and repackaged insurance products should be made to the Authority. To this end, the Insurance Regulatory Authority hereby issues these Guidelines on Insurance Products to be effected from 1 st July 2012. SAMMY M. MAKOVE COMMISSIONER OF INSURANCE & CHIEF EXECUTIVE OFFICER

THE INSURANCE ACT (CAP 487) GUIDELINES TO THE INSURANCE INDUSTRY ON INSURANCE PRODUCTS Table of Contents 1.0. Authorization... 1 2.0. Introduction... 1 3.0. Definitions... 2 4.0. Application... 2 5.0. Objectives... 3 6.0. Product Design... 3 7.0. Pricing... 4 8.0. Filing... 4 9.0. Marketing... 6 10.0. Disclosures... 7 11.0. Reporting... 8 12.0. Withdrawal... 8 13.0. Enforcement... 9 14.0. Effective Date... 10 15.0. Enquiry... 10 16.0. Annexure... 11

1.0. Authorization IN EXERCISE of the powers conferred by sections 3A (a), (b) and (g) of the Insurance Act, the Insurance Regulatory Authority (herein referred to as Authority) issues the Guidelines set out here below, for observance by all insurance companies and intermediaries registered under the Insurance Act Cap 487, in order to offer guidance on principles to be adhered to in product design, pricing, filing, marketing and disclosures. 2.0. Introduction The Authority has received numerous complaints relating to various insurance products sold in the insurance market. These complaints arise due to inappropriate product design, poor pricing, mis-selling, and inadequate disclosures on vital information among others. In addition, it has come to the attention of the Authority that a number of insurance products have been launched and /or withdrawn to and/or from the market without the knowledge of the Authority. The Authority, pursuant to its mandate to regulate, supervise and develop the insurance industry has therefore developed these Guidelines on Insurance Products. These Guidelines offer guidance on principles to be adhered to in product design, pricing, marketing, disclosures and how applications for issuance of new and repackaged products should be made to the Authority. The International Association of Insurance Supervisors, which is the body that sets standards for insurance supervision, requires insurers to take into account the interest of different types of customers when developing and marketing insurance products. IRA Guidelines on Insurance Products Page 1

3.0. Definitions Authority means Insurance Regulatory Authority Act means the Insurance Act Cap 487, Laws of Kenya Customer means a policyholder and/ or potential policyholder. Insurance Product means a financial arrangement in which an insurer states its guarantee to pay a policyholder on covered events. Intermediary means a person or legal entity that engages in insurance intermediation. Insurer means insurance companies registered under the Insurance Act, Cap 487. New product means an insurance product that is to be introduced in the market and has not been previously sold by an insurer. Repackaged product means an existing insurance product that has been enhanced or varied. 4.0. Application These guidelines shall apply to all insurers and intermediaries authorized by law to carry out insurance business under the Insurance Act CAP 487. The insurer shall remain responsible for the acts of their intermediaries when selling insurance products since the legal responsibility rests on them. They must ensure compliance with these guidelines by all intermediaries carrying on insurance business as their agents. IRA Guidelines on Insurance Products Page 2

5.0. Objectives The main objectives behind these Guidelines are to ensure that; a) Insurance products are designed in a manner that ensures fair treatment of customers. b) The marketing and promotion of insurance products is done in a clear manner which is not misleading. c) Customers are given adequate, comprehensive and understandable information in a timely manner to enable them make informed decisions when purchasing insurance products. d) The interests of customers are taken into account when developing insurance products. e) Insurance products achieve the goal as intended during product design. f) Insurance products comply with the provisions of the Insurance Act and other applicable laws. 6.0. Product Design 6.1. Insurance product design is the process of creating a new and or enhancing an existing insurance product to be sold by an insurer/intermediary to its customers. 6.2. An insurer should take into consideration among others the following aspects when designing an insurance product; a) Setting a business case for new or enhanced product; b) Market testing and analysis; c) Cost/benefit analysis; d) Risk identification, assessment and mitigation; e) An implementation plan for the product, including milestones; f) Clearly defined and appropriate levels of delegation for approval of all material aspects of product design; g) Post-implementation review; and h) Methods for monitoring compliance with product design policies and procedures. IRA Guidelines on Insurance Products Page 3

7.0. Pricing 7.1. The pricing of an insurance product involves the estimation of claims costs and other business costs arising from the product and the estimation of investment income arising from the investment of the premium income attaching to the product. Pricing risk occurs where the actual experience on claims, costs or investment returns arising from the sale of a product are different from what was assumed. 7.2. An insurer or intermediary should consider incorporating ongoing actuarial review and involvement in the pricing process and, where relevant, undertaking specific independent reviews of pricing for schemes and large or complex risks. 7.3. Furthermore, when pricing an insurance product, an insurer or intermediary (where applicable and in consultation with an insurer)should ensure that there; a) are clearly defined and appropriate levels for review and approval of all material aspects of pricing; b) is a process for the reflection of emerging experience in price adjustments; c) is a profit and loss analysis which includes monitoring the effect of price movements on the bottom line; d) is a process for the insurer s product pricing to respond to competitive and other external environmental pressures; e) is a process for and the ability to monitor deviations of actual price from the technical underwriting pricing; and f) is a method for monitoring compliance with pricing policies and procedures for proposed pricing variations. 8.0. Filing 8.1. Filing of insurance products involves giving notification to the Authority of intended launch and distribution of new and or repackaged products. IRA Guidelines on Insurance Products Page 4

8.2. New or repackaged insurance products shall be filed with the Authority before commencement of sale or launch. 8.3. New or repackaged insurance product applications made to the Authority should contain the following documents; a) Formal application letter. b) The policy wording documentation. c) Proposal form. d) Claim form. e) Marketing brochure. f) Premium rating structure explicitly showing expenses and commissions (both reinsurance and payable to direct intermediaries)/actuary s report for life insurance products. g) Reinsurance agreement/statement. h) Product Business plan (at least three years). i) Agreement between an intermediary and an insurer where there is significant collaboration in product design, pricing and marketing of an insurance product. j) Any other relevant information. 8.4. The Actuary's report (where applicable) shall include a disclosure on assumptions used including commissions, expenses and mortality rates. If the product is relatively new with limited historical experience, the actuarial report shall disclose the fact and indicate the assumptions made to cater for the lack of appropriate historical experience. The actuarial review should also comment on the adequacy of the reinsurance arrangements to be adopted on the product. 8.5. The proposal form, claim form and marketing brochure of a new or repackaged insurance product shall bear the name of the insurer. 8.6. Where a new or repackaged insurance product has been designed and developed through collaboration between an insurer and an intermediary, and where the insurance product is branded and marketed by the intermediary, the name of the insurer shall appear prominently in the marketing material. IRA Guidelines on Insurance Products Page 5

8.7. The insurer shall only launch and/or issue an insurance product upon receipt of a letter of no objection from the Authority. 9.0. Marketing 9.1. Marketing involves promotion of insurance products or services by an insurer or intermediary in a manner that is clear, fair and truthful. 9.2. The insurer shall be responsible for providing information that is accurate, clear and truthful not only to customers but also to intermediaries who may rely on this information in providing advice to customers. 9.3. The information provided shall: a) be easily understandable; and where the customer is unable to understand, further information shall be provided. b) be consistent with the result reasonably expected to be achieved by the majority of customers of that product; c) state prominently the basis for any claims or benefits and any significant limitations; d) not hide, diminish or obscure important statements or warnings; and e) be consistent with the terms and conditions of their application to the Authority. 9.4. If an insurer or intermediary becomes aware that the information provided is not accurate and clear or is misleading, it shall withdraw the information and notify any persons that it knows to be relying on the information as soon as reasonably practicable. 9.5. Every insurer and /or intermediary shall take steps to ensure that any advertising and promotional material is consistent with the terms and conditions of their application to the Authority. IRA Guidelines on Insurance Products Page 6

10.0. Disclosures 10.1. Disclosure involves provision of appropriate and adequate information. 10.2. The insurer or intermediary shall take reasonable steps to ensure that a customer is given appropriate information about a policy in good time and in a comprehensible form so that the customer can make an informed decision about the arrangements proposed. 10.3. The insurer or intermediary shall ensure that; a) Customers are appropriately informed before and at the point of sale to ensure that they make informed decisions before entering into a contract. b) Information provided is clear, fair and truthful. c) Product information shall be provided in writing or any other durable medium. d) Product features disclosed shall among others include the name of the insurer, type of insurance contract on offer including benefits, level of premium, period for which the premium is payable and consequences of late or non-payment of premiums. e) Where a product is a bundled product, the premium for each benefit (both main and supplementary) shall be disclosed separately. f) The type and level of charges to be deducted from or added to the quoted premium shall be disclosed. g) A description of the risk covered by the insurance product and any excluded risks shall be disclosed. h) Prominent and clear information on significant or unusual exclusions or limitations such as excesses, surrenders, moratorium periods, deferred payment periods and exclusion of certain conditions, diseases or pre-existing medical conditions shall be disclosed. i) Illustrative surrender values showing what would be payable in the first three years if the policy is surrendered shall be disclosed. IRA Guidelines on Insurance Products Page 7

j) Upon request an intermediary shall disclose the amount of commission and, or fee paid by the insurer under any relevant insurance product the customer is buying. 10.4. The intermediary and or customer shall disclose to the insurer all material facts relating to the risk exposure being insured. 11.0. Reporting 11.1. Insurers shall submit annual reports to the Authority on the performance of each new or repackaged product filed, for at least three years, using the attached templates (See Annexure). 11.2. Intermediaries offering insurance products as agents of foreign insurers in Kenya shall submit annual reports to the Authority on the performance of each new or repackaged product filed,for at least three years, using the attached templates(see Annexure). 11.3. The Authority may call for additional information relating to insurance products offered by insurers and intermediaries (where applicable). 12.0. Withdrawal 12.1. An insurer and or intermediary who intends to withdraw any insurance product shall be required to; a) notify the Authority of the intention to withdraw the insurance product from the market including reasons for the withdrawal; and b) satisfy the Authority that it has put in place sufficient measures to protect the interests of the existing policyholders. IRA Guidelines on Insurance Products Page 8

12.2. The Authority may at its discretion require the insurer and or intermediary to notify the public of the withdrawal of an insurance product from the market. 12.3. The Authority reserves the right to withdraw or terminate the issuance of an insurance product to customers. 13.0. Enforcement 13.1. The Insurance Regulatory Authority shall enforce these guidelines against insurers and intermediaries. 13.2. The Authority shall enforce compliance to these guidelines by exercising its powers to any person who contravenes the guidelines or take any other measure as prescribed in the Insurance Act. IRA Guidelines on Insurance Products Page 9

14.0. Effective Date Effective date: 1 st July 2012 15.0. Enquiry Enquiries on any aspect of these guidelines should be referred to; Address: The Technical Manager, Insurance Regulatory Authority, P.O. Box 43505-00100, Nairobi. Telephone: +254 20 4996000 Facsimile: +254 20 2710126 Email: guidelines@ira.go.ke Bima Bora Kwa Taifa 2012 IRA Guidelines on Insurance Products Page 10

16.0. Annexure Annexure 1 Name of Insurer: Product name: Generic name: Premium Form 1: Long Term Business Year ending... Items Gross 1 Net 2 By death 3 By maturity 4 Claims By expiry 5 By surrender of policy 6 By forfeiture of lapse 7 Annuity payments 8 Commissions 9 Expenses Management 10 Other 11 Policies 12 Number of new business Total Liability Lives 13 Lapses 14 Sums Insured 15 number of Policies 16 number of Lives 17 number of Lapses 18 Amount of the Sums Insured 19 Gross 20 Net 21 IRA Guidelines on Insurance Products Page 11

Annexure 2 Form 2: General Business - Summary of new business Name of Insurer: Year ending... Product name: Items Premium Gross 1 Net 2 Incurred 3 Claims Paid 4 Outstanding 5 Commissions 6 Expenses Management 7 Other 8 Number of Contracts 9 lives (where applicable) 10 IRA Guidelines on Insurance Products Page 12