Will IRDA’s move on orphan policies really help customers?

IRDA should look at it from not just revival of lapsed policies, but from customer service angle

The Insurance Regulatory and Development Authority (IRDA) has recently issued an exposure draft on orphan life insurance policy. The guidelines allow 100% of renewal commission to allotted agent for revival of lapsed policy as well as future renewals. At present, a new agent is entitled to renewal commission of only 50% of what the procuring agent would have been entitled had the policy continued to be in force and that too if lapsed policies required medical examination.

The guidelines are good for life insurance agents who help in revival of lapsed policies which were sold by another agent. But the details are in the fine print. The renewal commission can be paid to the allotted agent only if the original agent who sold the policy is not entitled to the commission. This is a big if, as per insurance regulations.

Under Section 44, except on grounds of fraud, an agent who has served an insurance company for a period of five years shall be entitled, subject to certain conditions, to renewal commission on policies if s/he discontinues his agency. Agents who have completed 10 years of service with a given insurance company and stops for any reason his/her agency business but does not join another company are entitled to renewal commission on all such policies which they had placed. The agent’s heir will get it even after the agent dies. It is contract between an agent and the life insurance company as renewal commission is just deferred compensation which cannot be taken away if the agent has completed certain time with the insurance company. LIC continues to pay many former agents renewal commission even though they no longer continue in the business. In such cases, the lapsed policy even if revived by another agent will yield the allotted agent zero commission. It will go to the original policy seller or heir. Which agent would be interested in reviving policies in such cases?

According to IRDA guidelines, orphan policies are those that are “initially sold by an insurance agent whose services were subsequently terminated or removed from the rolls of the insurer excluding those policies to which the selling agent is entitled to renewal commission under provisions of Section 44 of the Insurance Act.” It means that the policy is not an orphan even if it is lapsed as long as the policy seller is entitled to renewal commission based on number of years with the insurer. In effect, IRDA’s initiative to have the insurance company allot lapsed policy to another agent and give the allotted agent the renewal commission is only applicable to the small subset of lapsed policies.

Addressing the issue of lapsed policies by incentivising agents is welcome step by IRDA, but who will help to revive the lapsed policies wherein the policy seller is still entitled to commission even though s/he is no longer with the insurer or may be even dead? If IRDA is looking to revive lapsed policies, it has to think of ground realities.

As a veteran life insurance agent asks: “Who will help such customers with services like loan processing, change of nomination or even filing to death claim? The agent who sold the policy is gone (left the insurer or dead) and there is no allotted agent to the policy for any kind of servicing. Life insurance companies keep renewal commissions when the policy seller is not entitled for renewal commission. It happens as many agents leave the business after one or two years. The insurer should use these funds to give incentive for agents to revive a lapsed policy even when the policy seller is entitled for the commission, but has left business after completing required years or dead.”

Insurance companies we spoke to have taken a different stand. According to them, “The policy seller does work to help in the renewal of policy even when s/he is no longer selling new policies. They are interested in continuation of renewal commission which can be substantial and hence they don’t want the policies to lapse.” If the agent has left business and is doing other things in life, how much time will that person have for servicing the sold policies?

IRDA also has put the onus on the insurance company to allocate the lapsed policies to another agent to helping policy revival. Till now, it was mostly initiated by the agent who would help revive lapsed policy sold by another agent and ask the insurance company for 50% of renewal commission. As per the draft, insurers shall take into account the track record of the agent and complaints registered against an agent while allotting the orphan policies. It is unclear what will be the process for insurance company to allot one agent over the other when many fit the same criteria. Whether the allotted agent is interested with renewal of the existing policy or to sell new policies to earn high upfront commission is another story.

IRDA has requested comments to the draft, but there is no email address which used to be given in other draft documents. It means there may be inconvenience in giving feedback. Comments if any on the above exposure draft may be forwarded to the following before 31 March 2012 - Joint Director (Life), Insurance Regulatory and Development Authority, 3rd Floor, Parisrama Bhavan, Basheerbagh, Hyderabad - 500004

While a life insurance agent can get renewal commission after leaving the business and even passing it to his/her heir, a general insurance agent does not get anything. Most of the general insurance policies are renewable every year and there is no concept of renewal commission payment if the agent has left business or dead. It’s something on the wish-list of general insurance agents.

Comments
D N RAO
1 decade ago
Yesterday, i.e. 16/03/2012, I am helping a customer who is 64 years of age and lapsed his policy w.e.f 08/2007 due to negligence. The instalment premium per year is Rs.154=40 and sum assured of Rs.10,000/-. The policy was commenced on 28/08/1961. I was helping the customer without expecting anything from him. If IRDA provides credit of life and renewal commission to the agent who revives the policy is welcome step. Instead of going the renewal commission to LIC, it can be paid to the agent who has revived the policy. D.N.RAO, LIC Agent, Hyderabad
suresh kumar gupta
Replied to D N RAO comment 1 decade ago
Good job D N RAO SAHIB
Pl help to resolve my illlegal termination issue from HDFC SLIC
SURESH KUMAR GUPTA
94141 07928
D N RAO
Replied to suresh kumar gupta comment 1 decade ago
Om ji,
Had you been associated with LIC, definitely I would have given advise to you. As each and every Life Insurance Company has its own terms and conditions in termination of Agents, pl. contact legal expert in insurance matters who can be of some helpful to you.
suresh kumar gupta
Replied to D N RAO comment 1 decade ago
will you provide any advocate who deal in insurance matter specily sir ji i remain
regards
suresh kumar gupta
[email protected]
P M Ravindran
1 decade ago
Of course the apex court had ruled that pension is deferred salary but commission on subsequent premiums even when the agent has not done anything is really too much! This fraud should stop forthwith. If this logic is accepted then marriage brokers may also start demanding commission for every year the marriage survives, or land brokers for every year the land remains with the same owner and so on!
suresh kumar gupta
Replied to P M Ravindran comment 1 decade ago
will you provide any advocate who deal in insurance matter specily sir ji i remain
regards
suresh kumar gupta
[email protected]
M Muralidharan
Replied to P M Ravindran comment 1 decade ago
Appears Sri. P M R does not have insight into an insurance agent's life, especially the ones who work among the lower income people. It is not easy in India to make someone to see merit in any type of insurance let alone life. It is even more difficult to make them stay committed for a long time except perhaps a minority.
P M Ravindran
Replied to M Muralidharan comment 1 decade ago
Mr Muraleedharan is very correct. I do not have too much of insight into an insurance agent's life but I do have enough 'outsight' as a subscriber to various polices, from mandatory vehicle insurance to household goods in transit to medical insurance and I can say if only a fraction of the enthusiasm shown by the agents while persuading one to subscribe to a policy is shown when the requirement comes to availing the promised benefits, these agents will never have to work the way Muralidharan claims they have to work to persuade somebody to subscribe. In fact I am right now drafting two complaints to the IRDA on behalf of a subscriber to two medical insurance policies and who has been afflicted with Glioblastoma Multiforme- a most vicious form of cancer of the brain!
R Nandy
Replied to P M Ravindran comment 1 decade ago
My understanding as a subscriber is that,the agent is given comission throughout the life of the policy so that he provides service to the subscriber as and when needed.In fact he should do most of the leg work in case of a claim.While buying a insurance this has to be kept in mind other than the insurance repudiation ratio of the insurer.If the agent doesent get comission during the life of the policy,there will be no ownership of the customer and he will have difficulty in getting service.
R Nandy
Replied to R Nandy comment 1 decade ago
I also want to add that insurance should not be purchased online as there might be service issues and no one to turn to in case of a problem.It should be bought from reputed and experienced agents who have a good service record.One should not run after lower premiums.It might end up being a donation to the insurer.
suresh kumar gupta
Replied to P M Ravindran comment 1 decade ago
a person want to like work hdfc do not want to co operate
C Jyoti
1 decade ago
Lapsed policies are a very big source of income for the Insc. companies. Executives and employees vie with each other to get as many policies lapsed as possible. A reason why this happens so often, ant that too in the cases of lower income group people, is the lack of recognition in the LIC, in particular of the smaller agents, who really exert a lot of positive influence on the economically poorer classes as regards the importance of life insurance. These smaller agents actually must pay bribes to the top levels to retain their licenses.
suresh kumar gupta
Replied to C Jyoti comment 1 decade ago
you are absolutly correct C.JYOTI i like to discuss my issue for hdfc slic pl give ur contact number my number 94141 07928
M Muralidharan
1 decade ago
Sir,

This is a good idea. A simple way can be devised make a policy "orphaned". They can make the commission collecting agent or his/her nominee to submit every two/three years a form with updated address, phone number, nominee and ID of the policy holder with proof there off under policy holder signature together with current bank particulars. Failing which the policy can be declared as "orphaned" and allotted to another "deserving" agent for servicing. This will also enable the insurance companies to send the renewal reminders and survival benefits to the correct address etc.
suresh kumar gupta
1 decade ago
thank u very much to IRDA, i am regulalry approch to HDFC SLIC To activate my licence to serve the better to my innocent cliernts but HDFC HAS NOT REPLIED ME
Deepak R Khemani
Replied to suresh kumar gupta comment 1 decade ago
Have you tried approaching IRDA with your complaint
suresh kumar gupta
Replied to Deepak R Khemani comment 1 decade ago
hello Deepak ji
pl give me your mail id to approch for further or mobile numer my number 94141 07928
Deepak R Khemani
1 decade ago
Finally something that makes sense from a regulator, but with the if's and but's mentioned in the article it remains to be seen who will like to takeover orphan policies if he/she gets nothing out of it, even now a lot of agents give service to clients wherein the previous agent has stopped giving service for whatever reason, in the hope of receiving future business from the client, a lot of Insurance agents have been providing FREE service to many an unknown client. Finally it is continuous good service which will provide sustainable business to the agent/advisor.
suresh kumar gupta
Replied to Deepak R Khemani comment 1 decade ago
DEAR Deepak sir
HDFC has illlegaly terminate me and addament for my issue pl help to resolve the issue
I remain for your kind hellp
Deepak R Khemani
Replied to suresh kumar gupta comment 1 decade ago
Have you approached IRDA?
raj
Replied to Deepak R Khemani comment 1 decade ago
very true.
sanjay P doshi
Replied to raj comment 1 decade ago
not always true
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