Insurance Sector Woes: Can We Nail the Blame on the Regulator, IRDAI?
Having discussed the flaws in the government proposal to firstly merge three of the four public sector general insurance companies and the subsequent proposal to recapitalise them, it was interesting to read an article “A case for scrapping IRDAI” in Business Standard on 16 July 2020 on the issue. While highlighting the need for greater regulatory intervention, this article raises a fundamental question: Where does the buck stop?
 
Since the article focuses on the regulatory oversight of the nationalised non-life insurance companies, it may be useful to understand that government ownership of these companies has a bearing on their management and supervision and, thus on their performance. In our country, all regulators are in substance extended arms of the government and, therefore, it is somewhat naïve to assume that the regulators can afford to disregard the government’s wishes, formal or informal. The fate of a couple of high-profile banking regulators is a case in point.
 
When examining the role of the regulator, it is important to remember that all over the world, regulators are one step behind the market. In India, initially the insurance regulator viewed its task as ensuring successful opening of the market, as evidenced by the number of new entrants. There were hardly any senior regulatory officials with prior exposure to the competitive behaviour of the key constituents of a liberalised market, namely, insurers and intermediaries. 
 
The entire regulatory proposition was based on the vestigial learnings of the previous three decades when the nationalised insurers operated in a controlled environment. Little did the policymakers realise that once the market opens up, changed market realities will challenge the assumptions on which the regulatory framework was built.
 
What was the defining characteristic of the controlled environment mentioned above? Before the opening of the insurance sector in the year 2000 when the Insurance Regulatory and Development Authority of India (IRDAI) began the process of licensing private sector companies, the four public sector companies operated in a regime of administered prices. 
 
In insurance parlance this is known as tariff. The price for each class of insurance was set by an industry organisation called the tariff advisory committee which took into account the loss experience for various types of insurance covers, added acquisition and administrative costs to these and then arrived at a price. 
 
In such an environment, profitability, should have been assured, despite which the nationalised companies made underwriting losses mainly because a broad spectrum of risks had to be underwritten by one or the other company, and because of high establishment costs. However, their investment income cushioned the underwriting losses and overall profitability was assured, safeguarding their capital base.
 
As the private companies began entering the market, it was expected that they would make headway relying primarily on better service and lower establishment costs. The regulatory authorities overlooked one fundamental aspect of competition—price. It was assumed that the new entrants would stick to administered prices since that would be beneficial to them. 
 
It was naively assumed that the new entrants would need the cushion of an administered price regime! However, most of the private companies started an unofficial price war as they were keen on gaining market share. Insurance in India is a cash and carry business—premium must be paid before a risk can be accepted. 
 
Private companies rightly recognised that acquiring market share will give them enough volume to cover their establishment costs and the investment income on the cash-flow will cover underwriting losses. Theoretically, this was illegal; but the regulator left the policing to the tariff advisory committee which was a toothless tiger. This body could only impose fines, which it did when the instances of breach were brought to its notice, but the private companies calculated that their market share gains will far outweigh the fines. 
 
Nationalised companies were unable to commit flagrant breaches of tariff and bled market share rapidly. Thus, we have the scenario that while the nationalised companies were losing market share, they were unable to rationalise their costs.  
 
This was the prefect prescription for financial disaster. Eventually, the administered pricing regime in quite a few classes of business was dismantled and tariff advisory committee was closed down, but by then the market had tasted blood and the damage to the top and bottom lines of the insurance companies was done.
 
Another important asymmetry was in the area of intermediary commission paid to brokers and agents. An upper limit on the intermediary commission was in force for various classes of business. This made sense in a government company regime, where the intermediaries had limited choice of suppliers, i.e., insurers.  
 
Following the opening up, when there were nearly a dozen private sector non-life companies, the role of intermediaries became crucial. Since products were generally standardised, that is, the policy wordings were same or similar, two things happened. The first was that the intermediaries started bargaining with the insurance companies for higher commission. Secondly, they started pushing for lower prices. In several classes of insurance, where administered price still existed at least on paper, intermediaries gave business to companies that paid highest commission. 
 
Initially, this went on under the regulatory radar, but when complaints about commission rate violations reached a crescendo, the regulator tried to step in via audits and fines. This gave a distinct advantage to the private sector insurers who were adept at accounting juggleries to hide the unofficial pay-outs under various other heads such as marketing and promotional expenses. The public sector companies enjoyed no such leeway and consequently lost a lot of good business. 
 
The situation wasn’t much different in the life insurance industry. While the Life Insurance Corporation (LIC) operated through its office network, private sector companies relied mainly on bancassurance arrangements. They tied up with several banks for selling life policies. Initially, these were their promotor group banks; but recognising the scope of risk-free income, other banks too jumped on the bandwagon. 
 
Just like non-life business, there were ceilings on intermediary commission in life business as well. However, barring a few honourable exceptions, both insurance companies and banks found a way around this. ‘Incentivisation’ became the buzzword. 
 
LIC would not have been able to follow similar tactics, despite which it has been able to hold on to a respectable market share compared to its counterparts in the non-life sector. The other major challenge was rampant mis-selling. In an atmosphere of low consumer awareness, this was easy. This took various forms; but two examples should suffice. 
 
Without considering a customer’s need or the ability to pay, investment products were sold as insurance. This meant that the pure life component of the cover was low, and annual premium commitment was high. Invariably, when the customer was not able to keep paying the annual premium in the ensuing years, policies were treated as ‘lapsed’. 
 
The initial years of private sector life companies were characterised by high lapse ratio, to the extent that some of the companies were able to show an overall profit by virtue of lapsed policies whose premiums could be appropriated to the bottom-line!
The regulator eventually wised up to this practice and fairly stringent regulations were introduced to check mis-selling and policy conditions relating to lapsing. 
 
The prevalent narrative is to blame the poor performance of the government companies on management incompetence and corruption. This is simplistic and misses the woods for the trees. The reality is that some of the most competent and dedicated employees work in government companies.  
 
The mechanics to check corruption actually work to demotivate the honest and fail to catch the real rogues. Conduct rules and procedural safeguards mirror those applied to civil services. The real reason for the poor performance of government companies is the government ownership. Whether it is Air India, nationalised banks or insurance companies, they are hamstrung by the very fact of government ownership.
 
It is simplistic to assume that mere tightening of regulatory oversight will help improve the fortunes of the public sector insurance companies. These companies operate in a radically different internal environment due to governmental ownership. In theory, these are board-managed companies but in practice the government nominee, mainly one of the senior officials in the finance ministry, calls the shots, in the belief, and rightly so, that he or she represents the owner. 
 
The management has little strategic autonomy. Human Resource (HR) policies, such as recruitment, compensation and promotions must follow the departmental pattern.  Disciplinary framework follows civil service rules. Thus, the management has little leeway to reward the good or punish the non-performers. Mandatory periodic transfers get in the way of professional and organisational excellence. 
 
Insurance business works on trust and, at times, insurance companies have to find a way to pay a claim in the best interest of the business and to avoid undue hardship to the insured. This is near impossible in a set up where the spectre of the Comptroller and Auditor General (CAG) and vigilance haunts all decision makers. 
 
At times, the ‘investigative’ regime gets so onerous that many senior officials become victims of a witch-hunt on the eve of their retirement. Contrast this with the fact that most of the private sector managers not only enjoy generous rewards for performance but can also look forward to a generous nest egg upon retirement in the form of share options or deferred bonuses! It is a miracle that management of nationalised companies chugs along regardless. 
 
Government-owned companies can hardly be expected to hold their place in such an environment. No regulator in the world can supervise every action or audit every spreadsheet. When the business environment becomes untenable, wisdom lies in cutting one’s losses. That the policymakers have tacitly acknowledged this is evident by the decision to privatise Air India. 
 
However, such a strategy is unlikely to meet with success in the case of the three nationalised insurance companies. The primary reason is that it is difficult to ascertain the hole in their finances. The attractiveness of their brands and infrastructure is questionable. Customer base in this business is transient. The best way is to let them wither away.
 
The foregoing analysis leads to the inevitable conclusion that the buck for poor performance of nationalised insurance companies stops a at the owner’s table, the government. This is unlikely to change so long as the government continues to exercise its ownership, partially or fully. It is also unrealistic to expect that these companies will be allowed the autonomy that is needed for a turn-around.  
 
Although the government has recently announced a privatisation policy for public sector enterprises, pumping capital in these companies in the hope of recouping the investment via eventual privatisation would mean throwing good money after bad. Under the circumstances, the question remains: How appropriate is it to pin the blame on the regulator?
 
(Shrirang V Samant has worked in senior leadership roles in the General Insurance Industry, both in public and private sectors, in India and abroad. He has been privy to the transition of this industry from public to private sector in the country and was the founding CEO of a multinational insurance joint venture- JV in India.)
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    COMMENTS

    vydehi.ramamirtham

    2 weeks ago

    1. An excellent analysis - views expressed are so forthright considering that these come from someone who has actually soiled his hands working in the insurance industry.

    2. As is the case, people who retire from the insurance industry are able to express their honest opinions only after they retire. They are unable to do anything when they are in power.

    3. The entire business model of insurance needs to be upended. Insurers do lots of marketing to collect premiums but when it comes to paying claims, they suddenly become aware of the need to contain the claims ratios. There is a performance target to improve persistency ratios and reduce losses...

    4. Can you just imagine the scenario as a layman? You pay an insurance premium expecting that in future when you face a risk, the sum insured would come to your aid. But what is the reality? When it comes to paying an insurance claim, there would be hundreds of checks and procedural complexities and the insurance officers beam with pride when they have shortchanged a customer's genuine claim with all sort of technical jargons and rules - contribution, subrogation, etc.

    5. It appears that that principle of utmost good faith only applies to the insured. What about the insurance company?

    6. LIC is not sitting on a pile of wealth just like that. It is the result of collecting premiums in the last 50 or 60 years without the necessity of providing a service commensurate with the income earned. LIC is Indian Government's Kamadhenu. Do readers agree?

    7. The author has moaned about the plight of insurance officers in nationalized companies vis-a-vis those employed in private companies. But I recollect that there was a mass exodus of all these officers from government companies to private insurance companies. No one had stopped those who chose to stay back. The truth is that the proportion of committed and earnest officials in nationalized insurance companies is only miniscule. You visit any office of LIC and you observe the work culture there... this is enough to get a honest feel of how nationalized insurance companies work.

    8. In the end, it is the customer who suffers. Nationalised insurance companies offer poor service while private insurers go overboard with their aggressive stance and so-called digital marketing strategies under the garb of providing excellent service. But when it comes to paying the claims, ironically there is no difference in the approach between private insurers and the nationalized insurers.

    9. There is an urgent need to revamp the tied agency model in insurance. Will Money Life be interested in my article on the same? I don't know. I am only an insurance agent and not someone who had occupied a ceremonial role in a blue chip MNC.

    10. I must thank Mr Samant for an incisive analysis on the subject - we need to urgently re-evaluate the roles of the regulator which has become more like a censor board - sitting in the office and levying penalties. I am sorry to say this but the bureaucratic set up in the insurance regulator's office is completely anachronistic with today's digital era. We need new thinking ... that is radically different and out-of-the-box ... but does the regulator have the autonomy?

    The insurance sector needs to change with the times and its moth-infested policies and archaic rules aren't going to help anyone. It is a reflection of the times that customers have no choice - they have to choose between the devil and the deep sea.

    Rather than invest our hard earned money with these unscrupulous people, it is better that each of us maintain our own reserves that we can dip into when we face a risk! Self-insurance is one of the answers...

    jayaramm51

    2 weeks ago

    Yes. In the heady rush for privatization, the few norms that did provide some of reasonable insurance cover, with some "cover", when a accident did take place, was known, consistent and the ground rules, easily understood.
    The TAC, without any powers, were perhaps reasonable for some sort of quality and safety in the design and construction industry. This extended to HAZOP studies for process plants. The threat that if you did not comply, will mean higher premiums (very high); did make the industry follow the minimum requirements. The TAC inspectors were highly competent, professional, technically aware and went to the extent on post work checking / auditing.
    Retirees, both in the private, organized and public sectors, are perhaps opting out / incapable of paying their insurance premiums, now and the pandemic has exposed the evil side of the corporate / public medical "industry" ? A TAC could have set a checklist, for quick and easy assessment and regulatory action.

    It is still not too late ?

    Market geared up to aid India achieve $5tn economy mark: SEBI Chairman
    India's equity market is geared up to aid the country achieve the $5 trillion economy mark, SEBI Chairman Ajay Tyagi said on Wednesday.
     
    Speaking at the Ficci's 17th Annual Capital Market Conference 'CAPAM2020', Tyagi said the equity market systems are well geared up to take on the current challenges.
     
    The theme of the conference is 'Atmanirbhar Bharat: Role of Capital Market'.
     
    He acknowledged that the country is passing through a difficult, stressful and challenging time due to the Covid-19 outbreak.
     
    Besides, Tyagi called for the development of the country's corporate bond market.
     
    Terming the segment as critical, he pointed that some initiatives in this regard have been taken, however, more reforms are required.
     
    Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.
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    COMMENTS

    m.prabhu.shankar

    2 weeks ago

    This is the problem when leaders promote sycophancy. Destroys everything and in this case our country's institutions. How can a vegetable market increase the production of vegetables in the country ?

    mywopy

    2 weeks ago

    "Tyagi said the equity market systems are well geared up to take on the current challenges."

    What exactly has been implemented by the system to help the production output of this country?

    He hasn't got a clue on what he is talking about.

    The type of speech you give, when you just don't care and wants to keep your job for a few more years.

    Ramesh Abhishek not in running for top SEBI post, Madras HC told
    The Central government has told the Madras High Court that the candidature of Ramesh Abhishek, who retired as Secretary in the Department for Promotion of Industry and Internal Trade last year, will not be considered for the post of Chairman of the Securities and Exchange Board of India (SEBI).
     
    The government's submission came on a writ petition, challenging the possible candidature of Abhishek, a 1982-batch IAS officer of the Bihar cadre, to head the markets regulator.
     
    The writ petition, filed by T. Palpandi under the Constitution's Article 226, sought the Madras High Court's direction to the government to ensure that the person is appointed as the SEBI Chairman should be a person of high standing, integrity and dedicated to protecting the interest of investors.
     
    The petition also sought not to consider Abhishek, who was the former Chairman of Forward Markets Commission (FMC), for the coveted position.
     
    When the matter came up for hearing last week before a divisional bench, comprising of Justice M.M. Sundresh and Justice R. Hemalatha, counsel for the Central Government, N. Ramesh, submitted that Abhishek has not applied for the post of the Chairman of SEBI and, therefore, there is no question of short-listing him for the said post and considering him. Following the clarification and submission by the Central government, the Madras High Court disposed of the writ petition.
     
    Notably, 63 moons technologies had also filed a criminal complaint with the CBI and the Lokpal against IAS officers Abhishek and K.P. Krishnan, and former Finance Minister P. Chidambaram. The complaint by 63 moons said that the actions of Abhishek, as FMC Chairman, had created the NSEL crisis. Because of the targeted actions of Abhishek, the NSEL crisis, which could have been resolved within seven days, has not resolved for the last seven years, it added. 
     
    Despite having given all the powers to take necessary actions to ensure recovery, as per the complaint, the FMC directed all its efforts on crucifying NSEL and its parent company 63 moons, instead of going behind the defaulting entities and brokers who had committed misdeeds on the exchange and solving the case, it said.
     
    The complaint pointed out that Abhishek had misplaced the minutes of a meeting which he held on August 4, 2013, with defaulters and brokers of the now-defunct exchange. In the meeting, the defaulters had confessed to holding the default amount of Rs 5,600 crore and had also agreed to repay it.
     
    Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.
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