ISSUES PAPER
ON CONDUCT OF BUSINESSIN INCLUSIVE INSURANCE

November 2015

About the IAISThe International Association of Insurance Supervisors (IAIS) is a voluntary membershiporganisation of insurance supervisors and regulators from more than 200 jurisdictions in nearly
140 countries. The mission of the IAIS is to promote effective and globally consistentsupervision of the insurance industry in order to develop and maintain fair, safe and stable
insurance markets for the benefit and protection of policyholders and to contribute to global
financial stability.
Established in 1994, the IAIS is the international standard setting body responsible fordeveloping principles, standards and other supporting material for the supervision of theinsurance sector and assisting in their implementation. The IAIS also provides a forum forMembers to share their experiences and understanding of insurance supervision andinsurance markets.
The IAIS coordinates its work with other international financial policymakers and associationsof supervisors or regulators, and assists in shaping financial systems globally. In particular,
the IAIS is a member of the Financial Stability Board (FSB), member of the Standards Advisory
Council of the International Accounting Standards Board (IASB) and partner in the Access to
Insurance Initiative (A2ii). In recognition of its collective expertise, the IAIS also is routinely
called upon by the G20 leaders and other international standard setting bodies for input on
insurance issues as well as on issues related to the regulation and supervision of the global
financial sector.

Issues Papers provide background on particular topics, describe current practices, actual
examples or case studies pertaining to a particular topic and/or identify related regulatory
and supervisory issues and challenges. Issues Papers are primarily descriptive and notmeant to create expectations on how supervisors should implement supervisory material.
Issues Papers often form part of the preparatory work for developing standards and may
contain recommendations for future work by the IAIS.

This paper was prepared by the Financial Inclusion Subcommittee in cooperation with theAccess to Insurance Initiative and the MicroInsurance Network.
The publication is available on the IAIS website (www.iaisweb.org).
© International Association of Insurance Supervisors 2015. All rights reserved. Brief excerpts
may be reproduced or translated provided the source is stated.

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Issues Paper on Conduct of Business in Inclusive Insurance
Contents
1. Introduction ....................................................................................................................... 4
2. Features of the Inclusive Insurance Market ....................................................................... 7
2.1 The Inclusive Insurance Customer’s Profile ................................................................. 7
2.2 Country specific Context and Conditions ..................................................................... 9
2.3 Distribution features and risks common to inclusive insurance .................................. 11
2.4 Digitalisation of inclusive insurance transactions ....................................................... 19
3. The Inclusive Insurance Product Life Cycle ..................................................................... 22
3.1 Product Development ................................................................................................ 22
3.2 Distribution ................................................................................................................ 29
3.3 Disclosure of Information ........................................................................................... 34
3.4 Customer Acceptance ............................................................................................... 38
3.5 Premium Collection ................................................................................................... 43
3.6 Claims Settlement ..................................................................................................... 45
3.7 Complaints handling .................................................................................................. 48
4. Conclusions and Recommendations ............................................................................... 51
Annex - Background information on risks relating to the business models .......................... 53

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1. Introduction
1.
The International Association of Insurance Supervisors (IAIS), through the InsuranceCore Principles (ICPs) 1, provides a globally accepted framework for the supervision of theinsurance 2 sector. Its mission is to promote effective and globally consistent supervision of theinsurance industry in order to develop and maintain fair, safe and stable insurance markets
for the benefit and protection of policyholders 3; and to contribute to global financial stability.

There is a general recognition that enhanced access to insurance services helps
reduce poverty, improve social and economic development and supports major public policy
objectives such as improving health conditions for the population, dealing with the effects ofclimate change and food security. Insurance supervisors in emerging markets and developing
economies are increasingly looking for an appropriate balance between regulation, enhancing
access to insurance services and protecting policyholders. Insurers and intermediaries 4 areseeing the business potential of the low-income population and are offering innovative
products and entering into distribution partnerships.
2.

3.
To support supervisors in their efforts to deal with these challenges, the IAIS has beenworking on its “access agenda” since 2006 by way of the IAIS-CGAP 5 Joint Working Groupon Microinsurance, succeeded by the IAIS-Microinsurance Network Joint Working Group on
Microinsurance, and, since 2009, the Access to Insurance Initiative (A2ii). Prior to this paper,
two Issues Papers and one Application Paper have been adopted:•

Issues in Regulation and Supervision of Microinsurance (June 2007): This paper
discusses regulation and supervision as well as provides background to
microinsurance concepts. The paper also contains a preliminary analysis of the ICPs
that were in place at the time and concluded that the ICPs cover the essential aspects.
However, when applying these principles in practice the outcomes could be positive or
negative for inclusive markets depending on the approach taken whilst still observing
the ICPs.

•

Issues Paper on the Regulation and Supervision of Mutuals, Cooperatives and otherCommunity-based Organisations in increasing access to Insurance Markets (October2010): Recommended as a follow-up from the work of the first paper, this paper
discusses the key elements of such organisations that are relevant to considering theapproach to their regulation and supervision.

•

Application Paper on Regulation and Supervision supporting Inclusive InsuranceMarkets (October 2012): The purpose of this paper is to provide application guidance
supporting inclusive insurance markets. It provides examples of how relevant
principles and standards can be practically applied. Where enhancing inclusive
insurance markets is a policy objective, this document elaborates guidance forsupervisors. It is directed at the objectives of implementing the ICPs in a manner that
protects policyholders, contributes to local and global financial stability, and enhances
inclusive insurance markets.

1 The complete set of ICPs including introduction, Principles, Standards and Guidance can be found on the public

section of the IAIS website (http://www.iaisweb.org/ICP-on-line-tool-689)

2 Insurance refers to the business of insurers and reinsurers, including captives.

3 The IAIS Glossary defines a “customer” as a “policyholder or prospective policyholder with whom an insurer orinsurance intermediary interacts, and includes, where relevant, other beneficiaries and claimants with a legitimate
interest in the policy”. The glossary does not define “policyholder” although earlier papers had noted that
“Policyholders includes beneficiaries”.
4 "Intermediaries" refers to any natural person or legal entity that engages in insurance intermediation. The ICPs
do not normally apply to the supervision of intermediaries but where they do, this is specifically indicated in the
ICPs, Standards and Guidance (refer to paragraph 9 of the Introduction to the ICPs).
5 The Consultative Group to Assist the Poor
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About the paper. This Issues Paper on Conduct of Business in Inclusive Insurance
is about the fair treatment of customers 6 in inclusive insurance markets. The paper gives an
overview of the issues in respect of conduct of business in inclusive insurance markets that
affect the extent to which customers are treated fairly, both before a contract is entered into
and through to the point at which all obligations under a contract have been satisfied.
Recognising the increased vulnerability of the typical customer in this market segment andbased on the typical characteristics of the business and distribution models that have emerged
in inclusive insurance – as described further on in this paper – the objective of this paper is topromote the understanding of these particular issues among regulators and supervisors andother organisations and parties with an interest in this area. This understanding canfurthermore inform further initiatives to address these issues in the area of conduct of businessas a follow-up to this paper, possibly by developing application guidance on proportionate
regulation and supervision.
4.

The term “inclusive insurance” is used in this paper in the broad sense of the word,
denoting all insurance products aimed at the excluded or underserved market, rather than justthose aimed at the poor or a narrow conception of the low-income market. In developing
countries, the majority of the population often classifies as un- or underserved. Thus inclusive
insurance is a mainstream topic of relevance to the development of the retail insurance market
as a whole. While the term “inclusive insurance” is aimed at excluded or underserved markets
the term “microinsurance” has been defined as insurance that is accessed by low-income
populations, provided by a variety of different entities, but run in accordance with generally
accepted practices (which include the Insurance Core Principles) 7 . This paper looks
specifically at insurance aimed at the low-income or lowers middle income due to specificrequirements in term of service and consumer protection.

5.

In inclusive insurance the need for providing customer value is particularly relevant.
An insurance product in an inclusive insurance market can add value to the private objectivesof the customer as well as to the overall public policy objective(s) of the country or region. The
public policy objectives of a country – for example social development, food security, dealing
with climate change, improving health and education of the population – are thwarted if theinsurance products that should play a supporting role in achieving these objectives do not
produce the desired outcome. If for example the cover of the basis risk in an index-based
agricultural insurance 8 is not well understood and actual losses are not paid, the customer willlose its trust in the product which will also negatively affect public policy objectives such as
food security. Or, if payment of claims is taking too long, the insured when coping with theeffects of a natural disaster might need to resort to the sale of their assets depriving them of
future income or to taking children from school to save money. This would also be at the
detriment of public policy objectives. It is therefore essential to provide insurance services thatadd value in the light of the specific context / living conditions of the inclusive insurance
customer.
6.

The primary focus of this paper is on the fair treatment of customers which as suchbelongs to the domain “conduct of business” 9. However, this paper also touches upon issues
that affect the treatment of customers outside of conduct of business in a strict sense, forexample in respect of financial integrity, for which sometimes the term “market conduct” is also
used. It is however noted that supervisors sometimes use both terms interchangeably. 10
7.

Throughout the paper examples or observed responses have been included. It is
important for the reader of this paper to understand that - as this is an Issues Paper providing

8.

6 See footnote 3.

7 See paragraph 1.32 of the Application Paper on Regulation and Supervision supporting Inclusive InsuranceMarkets

8 Insurance linked to an index, such as rainfall, temperature, humidity or crop yields, rather than actual loss
9 See ICP 19

10 As is also recognised in section 2.2.1 of the Application paper on Approaches to Conduct of BusinessSupervision and paragraph 11 of the Issues Paper on Conduct of Business Risk and its Management.
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background information, describing current practices, examples and case studies – theseexamples and observed response have been included for illustrative purposes only and should
not be considered to provide preferred solutions or best practices in addressing the issue(s)concerned.
Structure of the paper. This Issues Paper is structured as follows: The first part(section 2) gives a description of the features of the inclusive insurance market. This isimportant as it is essential to understand the setting in which the contractual relationship will
exist 11 to gain an appreciation of how the concept of fair treatment of the customer plays out
in an inclusive insurance market. This will include the profile of the typical inclusive insurance
customer, the country-specific legal framework and roles of customer organisations andinsurance associations / authorities, the business and distribution models that are typical for
inclusive insurance markets and the digital means of interaction between insurer andpolicyholder that often characterise inclusive insurance business and distribution models.

9.

The second part (section 3) will subsequently discuss the various elements of the inclusive
insurance life cycle and present the issues that have been identified from a conduct ofbusiness perspective. The term “life cycle” is used as reference to the specific elements of an
insurance product from its development as a product, its distribution, disclosure of information,customer acceptance, premium collection, and claims settlement to the handling of complaints
by the insurer.
The paper ends with conclusions and recommendations in section 4.

11 The relevance of a jurisdictions’ tradition, culture, legal regime and the degree of development of the insurance

sector as well as of the nature of the customer and type of contract is also recognised in Guidance 19.0.2 and19.0.3.

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2. Features of the Inclusive Insurance Market
10.
This section provides an overview of aspects outside the direct relationship between
insurer and policyholder that nevertheless affect the overall level of conduct of businessprotection afforded to them. It considers the unique features of inclusive insurance markets
that confront supervisors with conduct of business considerations that differ from moreconventional insurance markets. The features outlined here give rise to the issues raised foreach element of the product life cycle in the rest of the document, in particular in respect of:•

the inclusive insurance customer’s profile;•the country specific context and conditions;•the distribution models typical for inclusive insurance; and•the digitalisation of inclusive insurance transactions.

2.1 The Inclusive Insurance Customer’s Profile
Low-income customers are generally more vulnerable than higher-income customers
because of the deprivations they face as consequence of poverty 12. Low-income households
are also more vulnerable to risk as they are more exposed and have limited access to thewhole range of risk mitigating tools 13. Besides financial exclusion and the lack of access toeffective mechanisms of risks transfer, low-income customers lack other basic necessities
such as education, employment, housing, and access to justice.
11.

In order to illustrate the relevance of conduct of business protection for the customers
in inclusive insurance markets, it is important to understand the features of the typical inclusive
insurance customer profile.

12.

Low education levels and low insurance awareness. The low-income population
might not always be sufficiently aware or informed about the risks it faces and the basic
concept of insurance. Even if they are aware then still lack of knowledge and information may
negatively affect decisions. No or low literacy and numeracy is a big issue. Many people simply
can't read policy conditions and other written material. Studies consistently find educationlevels, awareness of insurance in general and understanding of the specific features of
insurance in particular to be low. The low-income customer typically has very little, if any,experience with insurance. Customers also often confuse savings with insurance (expecting
a return of premium). In addition, their risk mitigation strategies otherwise used can beinefficient and damaging for their economic and social development, as people may get moreindebted, not send their children to school, deplete their long-term savings, or sell theirproductive assets. Also, low income customers will likely have limited experience withinsurance contracts, and therefore are unlikely to be aware of their rights and obligations or
those of their counterparty and the available mechanisms for seeking redress when they
believe that they have been wronged. Customers will therefore not know to whom to turn tocomplain or to seek enforcement of the contract or generally, how to settle disputes 14.

13.

Low levels of disposable income. Low-income customers’ patterns of income aredifferent from other income segments. Incomes are often seasonal and subject to fluctuation.

14.

12 Drawing on focus group discussions and demand-side survey data analysis conducted as part of access toinsurance diagnostics
GIZ,
2013.
Discussion
Paper:
CustomerProtectioninMicroinsurance.
Availableat:
http://www.mfw4a.org/documents-details/discussion-paper-customer-protection-in-microinsurance.html?dl=1
14 See on financial education: Organisation for Economic Co-operation and Development (OECD). 2011. G20
High-level Principles on Financial Customer Protection. Paris: OECD. http://www.oecd.org/daf/fin/financialmarkets/48892010.pdf;
Organisation for Economic Co-operation and Development (OECD). 2013. Advancing National Strategies for
Financial Education: A joint publication by Russia’s G20 Presidency and the OECD.
http://www.oecd.org/daf/fin/financial-education/advancing-national-strategies-for-financial-education.htm.
13

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Disposable incomes are small and trade-off choices have to be made. Cash-flow fluctuations
are common, limiting the ability to regularly pay premiums.
15.
Nature of expenditures. The low levels of income affect the affordability of insurance.
Most of the customer’s income is spent on basic requirements such as food and shelter 15.
Features of available insurance options are often perceived not to be appropriate tocustomers’ needs, not to be readily available at community level, and not to be affordable,
even if perceptions of cost and affordability are not necessarily aligned with actual costs ofavailable product options in the market.

Difficult to reach customers. A substantial proportion of the low-income population
live in rural areas and poorer parts of urbanised areas. It tends to make a living in the informal
sector and/or is self-employed. Thus it might be insufficiently covered by state social protection
schemes. It is also often out of easy reach of traditional distribution touch-points. Theseelements challenge distribution to the low-income market.
16.

17.
A lack of trust in insurance providers and negative perception of insurance. The
low-income segment generally has little trust in formal insurance provided by commercial
insurers or conventional intermediaries such as banks or brokers. Also culture plays a role inthe (mis)perception of insurance, such as beliefs that talking about a risk will cause that risk
to happen. Though most respondents in focus group research 16 have not personally had aclaims experience, word of mouth from others in the community has a powerful impact.
Rumours of delayed claims pay-outs travel fast and claim rejections, even if valid, exacerbate
the limited understanding of terms and conditions. The result is that trust in insurance isnegatively affected. In some countries specific negative experiences in the past, for example
an insurer going bankrupt, continue to shape customer distrust. However, those respondents
that do have insurance policies tend to be more positive about it than those who do not,especially if they had a good claims experience.
18.
These features suggest that low-income customers are likely to be less financiallysophisticated than conventional customers and more difficult to reach and therefore to protect.
They are also likely to be more prone to mis-selling or customer abuse. Thus, the need for
insurance to provide value for money and engender trust becomes even more pronounced forthis segment of the population. All of this underlines the importance of proper conduct ofbusiness with regard to disclosure, advice and claims payment, coupled with effective
customer redress, to ensure customer protection is effective for inclusive insurance
customers.
19.
There is however more to it than the application of proportionate conduct of businessprinciples to promote greater access to insurance. Insurance should be seen as an essential
element in an optimal financial strategy for the customer. The customers need to be madeaware of the risks to which they are exposed and if and how insurance can play a role. For
example, funeral insurance may cover the burial expenses but what if the breadwinner of thefamily deceases? Are there loans to be repaid and how is income for food, health andeducation arranged? It is not to be said, however, that all these risks need to be covered byinsurance. When affected by a disaster various coping mechanisms come into play including
donations from neighbours and relatives, reduction of spending or using the prospect of an
insurance payment as “collateral” for obtaining formal or informal loans. It is the understandingof these aspects that needs to find its way into for example education of customers, productdevelopment, the providing of suitable advice by providers and claims handling.

Application Paper on Regulation and Supervision Supporting Inclusive Insurance Markets. Available at:www.iaisweb.org
16 This paragraph is based on insights from qualitative market research, in the form of focus group discussions,
included in various inclusive insurance diagnostic studies, conducted under the umbrella of the Access toinsurance Initiative. For more information, see https://a2ii.org/en/knowledge-centre/reports,
15

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2.2 Country specific Context and Conditions
20.
National regulatory framework. The scope and extent of involvement of thesupervisor in conduct of business supervision in a specific jurisdiction is dependent on its
mandate as determined by the jurisdictional regulatory framework. This affects the nature andlevel of customer protection provided by the supervisor. National public policy considerations
in respect of the need for conduct of business protection and on the role of the supervisor are
fundamental for the establishment of the regulatory framework. These considerations can varyacross jurisdictions and could be based on political or economic positions regarding the roleand responsibility of the public sector versus those of the “market” or the private sector. At
policy level the objective could be to limit involvement of the public sector in the contractual
relationships between private parties and leave - within boundaries – these relationships
subject to economic market forces. In that case private sector initiatives – for example
customer organisations - could fill that void.
21.
Possible roles of the supervisor. A regulatory framework that provides a conduct ofbusiness mandate to a supervisor could have various modalities. The mandate could assign
supervisory duties towards insurers at entity level rather than transaction level. This meansthat the supervisor does not protect individual policyholders directly but rather checks that aninsurer in general acts in line with the laws and other regulatory requirements which protect
policyholders as a whole so that the insurer’s conduct of business leads to fair treatment ofcustomers. In this case the supervisor’s activities are aimed at processes, structures orgeneral business practices within the supervised entities rather than at transaction level(individual contracts), although complaints by individual customers could point at an issue
within the supervised entities processes and/or structures or business practices.

Additionally, the supervisor could be responsible for alternative dispute resolution(ADR). This could take the form of either dealing with customer complaints itself directly or
managing / supervising a mechanism or entity that deals with ADR 17.

22.

23.
Also, the regulatory framework could give the supervisor responsibilities in the area offinancial education of the public 18. Financial education has become a key pillar of financial
reform, a complement to conduct of business and prudential regulation, on which financial
sector development can rely. Such recognition has, notably, led to the development of a wide
range of financial education initiatives by public authorities, including supervisors, and various
other private and civil stakeholders over the past years. At policy level a jurisdiction may haveinitiated a financial inclusion strategy that includes financial education efforts by the supervisor
or other public or private bodies.
24.
Initiatives in practice. Specific microinsurance regulations date back to the year 2005,
when India issued the first ever Microinsurance Regulations. Shortly thereafter, Philippines,
Peru and Mexico followed, all providing for microinsurance-related conduct of businessclauses, starting with the definition of microinsurance. Other important areas specificallyregulated are distribution (intermediary licensing, registration or training), policy documents orcertificates, products (covers, simplicity, exclusions, fees), and the related processes andservices (disclosure to the customer, commissions, customer acceptance; premium collection,
claims settlement, complaints handling and recourse).
25.
In the past decade, at least 17 jurisdictions have adopted specific microinsurance
regulations, all with a focus on conduct of business. Many of them have been revising andadjusting the initial regulations, and some have even issued a series of complementary
regulations to advance the regulatory framework continuously, for example covering
alternative dispute resolution. Another 18 jurisdictions are currently developing such a

17 See section 2.2.6 of the Application paper on Approaches to Conduct of Business Supervision.
18 See section 2.2.2 of the Application paper on Approaches to Conduct of Business Supervision.

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framework. Some jurisdictions have introduced, or are planning to introduce a new tier for a
dedicated microinsurance provider.
Existence and operations of customer protection associations and authorities.
In some jurisdictions, strong customer protection associations exist. They check and compare
insurance contracts, do mystery shopping 19 and challenge insurers. Often national legislation
provides these associations with the right to sue insurers on behalf of the customer. Not only
the achievements but all relevant court cases, professional opinions, reports etc. are publishedregularly. Also, customer associations offer seminars on customer topics. In otherjurisdictions, customer protection authorities are in charge of monitoring customer relations ingeneral and have the authority to impose administrative sanctions. For inclusive insurance
customers, the role of these associations and authorities is particularly important due to thevulnerability described in the previous section.

26.

Contributions of insurance associations. In some jurisdictions insurance
associations may issue “model contracts” for their members. These model contracts aredrafted in line with the applicable customer protection legislation in a jurisdiction. Insurance
associations can participate in the development of and inform their members about all
regulatory developments, including those regarding customer protection.

27.

28.
Functioning of the court system. Courts serve as a last resort for customers in casetheir disputes with the insurer/intermediary cannot be resolved out-of-court. This requires that
customers are aware of such facilities, dare to approach them, and can afford an attorney andcourt fees that they need to pay for sometimes even if they win their case. To assure this,many court systems provide legal aid if the relevant party cannot afford the costs but – on apreliminary view – has sufficient prospect of success. In the case of inclusive insurance
markets, affordability of court procedures is an issue. Inclusive insurance markets could
benefit from alternative approaches such as accessible and low-cost and low-threshold court
system or ADR system with mediators who are willing and trained to deal with this type ofclient.

Conclusion. The conditions as outlined above often do not hold in markets where
inclusive insurance is a mainstream topic. For example, many developing countries may nothave a clear conduct of business mandate or the supervisory capacity to fully act out suchmandate as supervisory agencies are often new and under-capacitated, plus there typicallywill not be such strong consumer protection agencies/bodies as discussed here. Also,
typically, insurance associations are nascent or even non-existent and face severe capacity
constraints. Thus model contracts do not as a rule exist.

29.

30.
All of this means that the typical structures for consumer protection and conduct ofbusiness are challenged in the inclusive insurance sphere, meaning that the country-specificcontext and conditions that prevail in many developing countries (where inclusive insurance
is most relevant) may reinforce consumer vulnerabilities. This reinforces the imperative forconsidering conduct of business in the inclusive insurance space. Likewise, the typical
distribution and business models and digitalisation often found (described in sections 2.3. and2.4) strengthen this imperative, as it confronts supervisors with new players, channels andconsiderations that may not be fully accommodated in the conventional regulatory andsupervisory framework.

19 A tool used to gauge quality of service or compliance with regulation by purchasing a good or service without

revealing the test buyer’s true identity.

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2.3 Distribution features and risks common to inclusive insurance
31.
The characteristics of the low-income target market make its customers vulnerable tomis-selling, reduced value of products and customer abuse. These vulnerabilities manifest indifferent ways, depending on the specific inclusive insurance business model followed.
32.
Generally, a business model is defined as the method or means through which acompany captures value from its business. This can be based on many different aspects,
including how products are designed, priced, marketed and distributed 20 . Similar toconventional insurance a business model within the inclusive insurance space can be defined
as a composite of a number of elements:•

The product or service that is underwritten.

•

The various parties involved in the insurance value chain and their functions.
Importantly, in inclusive insurance the value chain often involves a so-called customer
aggregator. 21•

Who the policyholder is (the end-customer, versus another party as master
policyholder).

•How and by whom the insurance is underwritten 22.

•

Who decides to buy the insurance and how such a decision is made (for example: is itcompulsory/mandatory or voluntary, opt-in or opt-out).

•

The manner in which the policy is sold to the policyholder, including how information
about the policy is communicated to the policyholder.

•

The manner in which the premium is paid and collected.

•

The manner in which the claims are paid (claims payment systems).

Some of these elements relate to distribution. Distribution 23 includes the channels
and actions through which an insurance company sells a policy to the policyholder as well as
services the policy on an ongoing basis. Alternative modes of distribution are of particular
relevance in the inclusive insurance market and a core consideration in distinguishing between
different inclusive insurance business models. Due to low premiums and thus low margins,
the emphasis within inclusive insurance falls strongly on reducing distribution costs.
Furthermore, the relative difficulties in reaching the lower income market due to limited
infrastructure, poor connectivity, low education levels and limited experience with insurance
underline the importance of distribution innovation in inclusive insurance.

33.

20 Source: http://lexicon.ft.com/Term?term=business-model

21 Aggregators can be defined as entities that bring together people for non-insurance purposes (for example
retailers, service providers, utility companies, membership based organizations or civil society organisations) andthat are then utilised by insurers, with or without the intervention of agents or brokers, to distribute insurance and,depending on the model, fulfil additional functions such as administration and/or claims pay-out.
22 For example: on a group or individual basis; by a commercial insurer, a mutual, cooperative or othercommunity-based group, or in-house on an informal basis by for example a Micro Finance Institution or funeralservice provider
23 Note: the term distribution is used interchangeably in this paper with that of intermediation, which is defined in
the IAIS glossary as: The activity of soliciting, negotiating or selling insurance contracts through any medium.
Where: “Solicit" means attempting to sell insurance or asking or urging a person to apply for a particular kind of
insurance from a particular company for compensation. "Negotiate" means the act of conferring directly with, oroffering advice directly to, a purchaser or prospective purchaser of a particular contract of insurance concerning
any of the substantive benefits, terms or conditions of the contract, provided that the person engaged in that act
either sells insurance or obtains insurance from insurers for purchasers. "Sell" means to exchange a contract of
insurance by any means, for money or its equivalent, on behalf of an insurance company.”

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34.
An analysis by the A2ii of inclusive insurance providers, products and channels across
25 countries 24 in 2014 identified eight different business models 25:

Business
model
name

Definition

Individualsales

The individual sales model is the classic model Agent, broker or direct sales
for insurance sales, and is found within the found in most countries
inclusive insurance space as well as in theconventional insurance market. Sales are
made on an individual basis through directinteraction between the customer and an
agent or broker or insurer directly. This can
include both outbound and inbound callcentres, so does not necessarily entail face-toface interaction. However, there is no
customer aggregator involved.

Proxy sales

The key descriptor of the proxy sales model isthat the insurance product is not sold directlyby the insurer or by an insurance broker or
agent, but rather by a non-insurance
aggregator to their existing customers. The
policy is marketed with the sale of anotherproduct and can be sold as either anembedded product 26 or by cross-selling 27. The
insurance product is actively sold, but thesalesperson works for the aggregator and theinsurance is sold in addition to, or
supplementary to, the primary good that theysell. The primary customer relationship istherefore not insurance-based and the insurer
reaches the customer through the aggregator.
The insurance will usually, though notnecessarily always, be white-labelled underthe brand of the aggregator. The employees orcontracted agents of the aggregator can be
regarded as a ‘proxy sales force’ for the
insurer.

Compulsory
sales

ExampleCasas Bahia (white goods
retailer chain) Brazil, whichsells products underwritten
byvariousinsurers,
includingextendedwarranties.
The partnership between
CODENSA, the largest
electricity
distributor
inColombia,
andMapfreInsurance.

The compulsory sales business model refers DPVAT third party motor
to insurance products, for example third party vehicle liability insurance
liability insurance for vehicles and social health Brazil
insurance schemes, that are required by

24 Source: Access to Insurance Initiative, 2014. Evolving Microinsurance Business Models and their Regulatory
Implications | Cross-country synthesis note 1. Available at:https://a2ii.org/sites/default/files/reports/2014_08_08_a2ii_cross-country_synthesis_doc_1_final_clean_2.pdf
25Note that this is not necessarily an exhaustive list, nor is it the only way to classify the shared features foundacross the study into different business models. The purpose of this classification is to provide an illustrative
grouping and description of the features found across various inclusive insurance examples, in order to lift out
implications for regulators and supervisors (the topic of section 3.2).
26 Defined for the purposes of this paper as insurance linked to/included with the sale of another product orservice, for example credit. The insurance is mostly, but not necessarily, compulsory for customers who purchasethe service or product.
27 Defined for the purpose of this paper as take-up, on a voluntary basis, by an existing customer of a particularchannel of an insurance product. Thus insurance is sold as a standalone product, but marketed with anotherproduct.

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Business
model
name

Definition

Exampleregulation for certain categories of citizens. National Health Insurance
Compulsory insurance may be partially Fund Tanzania
subsidised by the state, but citizens are
required to pay at least part of the premium. It
should be distinguished from embedded
insurance where a commercial party, forexample a credit provider, requires thecustomer to buy insurance as a condition toaccessing the credit, or auto-enrolment
insurance where insurance is automaticallypurchased for the end-customer at the behestof another party (such as a mobile network
operator or the state), and the entire premiumis paid by such party on behalf of the endcustomer (see below).
Groupdecisions

In the group decision model, the members of agroup are insured by virtue of being membersof a pre-existing group, which negotiates theinsurance on behalf of members, rather than
through an individual decision. The groupdecides collectively to obtain insurance. By
insuring an existing group, the insurer canreach a large number of customers through asingle interaction. Group rather than individual
underwriting is applied, meaning that noevidence of insurability has to be submitted on
an individual basis, and the policies are
typically administered through the group’s
infrastructure. Both of these elements can
reduce costs. The insurance policy may beuniversal cover by virtue of membership to thegroup, or individual opt-in.
This model is distinguished from the local selfhelp model (see below) in that an insurer,
rather than the group itself, conducts theunderwriting.

South African Democratic
Teachers‘ Union, South
Africa, which utilises anexternal company (Shimba
Financial Consultants), tonegotiate financial services,
includingvariouscompulsory and voluntary
insurance options, on behalfof members
Shanxi village model – auniquely Chinese model
whereby group insurance issoldthroughvillagecommittees, pioneered by
China
Life’sJinzhong
Branchself- The local self-help model refers to a group that Mutual Benefit Associations
collectively pools its own risks, as opposed to in the Philippines
engaging the underwriting services of an(theinsurer. This can be in the absence of an
28
MCCO
appropriate offering by the corporatemodel)
insurance market, or due to preferences for
local community solidarity expressed in riskpooling as well as social support. The groupcollects the premiums from its members andpays out the claims itself.
Local
help

Such models can include licensed insurers
operating on a mutual model, or informal
28 Mutuals, cooperatives and community-based organisations

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Business
model
name

Definition

Exampleschemes. There is also a distinction between
local self-help initiatives which only provide
insurance to members and those which alsooffer insurance to non-members.
Autoenrolment

The auto-enrolment model is characterised by
the fact that a third party 29 purchases
insurance on behalf of a pre-determined groupof people. The insurance is underwritten bycommercial insurers and the premiums arepaid directly to the insurer by the third party.
The contractual relationship within the autoenrolment model is usually between the third
party and the insurer, rather than between theend-customer and the insurer.

State-provided:

In the passive sales model, the insurer relieson the customer to actively buy the insurance.
The potential customer uses a passive sales
outlet, such as the internet or a supermarket
shelf, provided by the insurer to purchase theproduct. The insurer promotes the productthrough brochures or mass market advertising.
The onus is upon the customer, rather than asalesperson or intermediary, to inform
him/herself about the product as there is no
individual communication prior to the sale.
There is an individual but not an active inperson sales transaction. There may be
communication following the sale, for example
where a call centre contacts the customer toconfirm their details and complete thetransaction.

Pep (a clothing retailer
chain) selling insurance
products by Hollard Life off
the shelf in its network of
stores in South Africa.

Rashtriya Swasthya Bima
Yojana (RSBY) India – anational
fully-subsidised
health insurance scheme,
underwritten by various
insurers.
Loyalty benefits:

Tanzania’s
National
Microinsurance Bank (NMB)
This model has two separate embodiments:
offers automatic free funeralinsurance, underwritten by•
State-provided: Where the state
African Life, to all active
subsidises insurance on behalf of a defined
holdersoftheNMB
group of people. A public procurement process
Personal Accounts.
is normally followed to appoint an insurer,
unless a state-owned insurer is used
Various “freemium” loyalty
insurance schemesby•Loyalty benefits: Where a provider of MNOs, for example theretail services such as a mobile network pioneering case of Tigo
operator (MNO) 30 or bank purchases Ghana.
insurance for its customers as a loyalty benefit.

Passivesales

29 A “third party” is defined for the purpose of this paper as a person or organisation that is neither the insurer nor

the end-customer.

30 Where it is often known as the “freemium” model. Note that not all MNO models are characterised by auto-

enrolment, with such schemes increasingly reverting to explicit opt-in by the customer.
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Business
model
name

Definition

ExampleServicebased sales

The service-based sales model is derived fromunderlying demand for a specific service. The
customer wants to secure a service that they
will need in future (for example a medical
service or a funeral) and, in order to be able toafford it, takes an insurance policy sold by theprovider of the underlying service, for example
a hospital. The primary demand is therefore forthe underlying service, and the demand for
insurance is derived from it. The entity thatsells the insurance is the same one thatprovides the underlying service. No insuranceintermediaries are involved in the distributionof the insurance. Unlike in the local self-help
model, the insurance may be underwritten by
the service provider itself (often informally) orby an insurer. A further important determinantof this model is the nature of the risk retainedby the provider. Only initiatives which offer
guaranteed benefits to customers are
considered as microinsurance and therefore
are classified as service-based sales models.

Grupo Vila, Brazil - a large,
privatefamily-owned
cemetery and funeral home
groupofbusinesses
operating in three states in
the Northeast of Brazil thatprovides family funeralplans as part of its service
package.

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Based on country diagnostics by the A2ii it has become clear that the variety in thesemodels has a bearing on the relationship between insurer and policyholder and affects thetreatment of the insured. Among these models, those that have achieved the greatest scale
in inclusive insurance markets to date are often characterised by a complex value chain, withmultiple discrete players (including an administrator 31 , a broker or agent, a customer
aggregator and a payments platform) that can fulfil a range of potential functions. Figure 1
below illustrates the potential links in the value chain:

35.

Figure 1: Potential value chain elements in inclusive insurance models
Source: A2ii Cross-Country Synthesis Note 1, 201436.
Where such a longer value chain is found, it entails a greater degree of separation
between the insurer and the customer than a model that just uses a broker or agent. In thesecases a customer’s direct interaction is often with the aggregator rather than with the insurer
or broker. The administration and payments infrastructure and process may be provided by
the aggregator or by separate technical service providers. Where the latter is the case, thistypically calls for a service level agreement between the insurer, aggregator and various
service providers.
37.
The degree of separation between the insurer and the insured, the variety of entities
involved (some of which may be under the primary jurisdiction of another, non-insurance
regulatory authority – for example the banking or telecommunications regulator), and the skill
set of sales persons found in such models may reinforce the typical target market features
found in inclusive insurance markets (as discussed in section 2.1). These may result inheightened and distinctive risks to customer protection in inclusive insurance markets, asthese increase the possibilities for exploitation, distorted incentives and misrepresentation.
With the exception of prudential risk 32, these risks to consumer protection are part of the

31 An administrator means a person or entity which has a mandate from an insurer to do administrative work,
notably claims administration, on its behalf.
32 See section 2.1 of the Issues Paper on Conduct of Business Risk and its Management where the linkage
between conduct and prudential risk is described.

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overarching concept of conduct of business risk 33. To enable a better understanding of thenature and impact of risks to consumer protection in the inclusive space and as these risks
are the result of different risk drivers found in inclusive insurance market contexts these risks
have been defined as subsets of conduct of business risk in the box below.
Typical risks found in inclusive insurance business models
Six common risks 34 can be identified that have a distinct manifestation in inclusive
insurance distribution:•

Prudential risk 35 is the risk that the insurer as risk manager is not able to keep its
promises and deliver benefits to the beneficiaries. Prudential risk derives largely
from the features of the insurer’s operations and management and therefore a lackof capacity of the insurer and a lack of regulation and oversight regarding themanagement of insurers heightens prudential risk.

•

Aggregator risk is the risk of reduced customer value and inappropriate products
being sold to customers when an insurer accesses the aggregated customer baseof a non-insurance third party to sell its products through that channel.

•

Sales risk is the risk that the salesperson will misrepresent the product to thecustomer or sell a product that the customer does not need. Reduced customer
value or inappropriate product choice can also be the result of sales risk.

•

Policy awareness risk is the risk that the insured is not aware that he or she has
insurance cover and is therefore unable to lodge a claim should the risk event occur.
The manner in which insurance is sold through certain inclusive insurance businessmodels can heighten the risk that policyholders are unaware that they haveinsurance coverage. There is also the risk that the insured is not fully aware of theterms and conditions of the insurance or does not know how to make a claim.

•

Payments risk is the risk that the premium will not reach the insurer, that thepremium will not be paid on the due date or that the cost of collecting the premiumis disproportionate. Payments risk means there is a heightened possibility thatpremiums are not regularly received by the insurer.

•

Post-sales risk is the risk that customers face unreasonable post-sale barriers tomaintain their cover, change between products, make enquiries, submit claims,
receive benefits or make complaints. It therefore refers to the risk of poor service
and the potential disincentive for insurers and intermediaries to be efficient in claims
processing and service provision.

See the annex for more details.

33 Paragraph 11 of the Issues Paper on Conduct of Business Risk and its Management indicates that Conduct ofbusiness risk can be described as “the risk to customers, insurers, the insurance sector or the insurance market
that arises from insurers and/or intermediaries conducting their business in a way that does not ensure fairtreatment of customers.”
34 Note that inclusive insurance initiatives may also be subject to other risks that are not distinctive to theinclusive insurance market. Similarly, the risks listed here are not unique to inclusive insurance. For example:
prudential risk is universal across insurance, as is payments risk, policy awareness risk or post-sales risk. The
discussion here centres on those risks that are particularly manifest in inclusive insurance markets or that take ona distinct nature in inclusive insurance models, as identified in the 2014 Access to Insurance Initiative crosscountry synthesis exercise.
35 Note that, while prudential risk is present in all insurance models and by no means unique to inclusive
insurance, it manifests in specific ways in inclusive insurance business models and therefore warrants
discussion.
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38.
These market features and risks confront regulators and supervisors with newconsiderations in conduct of business that are often not fully addressed in conventional
regulatory and supervisory frameworks. Section 3.2 considers the distribution-related issues
arising in the inclusive insurance market and the implications for regulators and supervisors.

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2.4 Digitalisation of inclusive insurance transactions
Over the past years technical innovations have emerged and been put into use to
overcome barriers to access in insurance more than in conventional insurance markets 36.
These innovations help make insurance and other financial products and services more
broadly accessible and economically viable. In some regions, insurance supply has grownconsiderably based on mobile phone supported distribution or insurance driven by mobile
network operators and other aggregators. These approaches are called “mobile insurance”. 37
39.

Tigo Family Care Insurance in Ghana - An example of life insurance coverage offered
via a digital transactional platform 38
Tigo Family Care Insurance launched in 2010. The insurance product, which is underwritten
by Vanguard Life Assurance, is provided by the MNO Tigo to its customers without charge
as a loyalty product for Tigo’s prepaid airtime package. Tigo introduced the product toreduce the significant “churn” (i.e., movement of pre-paid mobile phone customers from one
provider to another). Customers can double their coverage by paying a premium using Tigo
airtime. 39
Between the launch of this innovative product and December 2013, the total number of
insurance policy holders in Ghana increased from 720,000 to 3.6 million, including 1.3
million customers insured through Tigo.
40.
Mobile insurance is only one example of a development that is also referred to as“digital financial inclusion” and which is described as the use of digital financial services toadvance financial inclusion 40. Other examples include debit cards and point-of-sale (POS)
terminals. The GPFI 41 stated that “digital financial inclusion involves the deployment of digitalmeans to reach financially excluded and underserved populations with a range of formal
financial services suited to their needs, delivered responsibly at a cost affordable to thecustomer and sustainable for the providers” 42. In GPFI terminology the use of mobile phone
technology would be considered as a “digital transactional platform” (that) “enables a customer
to make or receive payments and transfers and to store value electronically through the useof a device that transmits and receives transaction data and connects - directly or through theuse of a digital communication channel - to a bank or non‐bank permitted to store electronicvalue”.

36 See also paragraph 113 of the Issues Paper on Conduct of Business Risk and its Management

37 Report of the 2nd A2ii – IAIS Consultation Call Technical innovations in insurance distribution and regulatory
implications, 24 April 2014; https://a2ii.org/sites/default/files/field/uploads/notes_2_consultation_call.pdf
38 Source: Issues Paper Digital Financial Inclusion and the Implications for Customers, Regulators, Supervisors
and Standard-­‐Setting Bodies issued by the Global Partnership for Financial Inclusion.
http://www.gpfi.org/publications/digital-financial-inclusion-and-implications-customers-regulators-supervisors-andstandard-setting
39 Tigo’s digital transactional platform is capable of having premiums paid with mobile money (as opposed toairtime), and this will likely be permitted in the future. Claims are paid out only to a Tigo wallet.
40 Issues Paper Digital Financial Inclusion and the Implications for Customers, Regulators, Supervisors andStandard-­‐Setting Bodies issued by the Global Partnership for Financial Inclusion.
http://www.gpfi.org/publications/digital-financial-inclusion-and-implications-customers-regulators-supervisors-andstandard-setting
41 Global Partnership for Financial Inclusion; an inclusive platform for all G20 countries, interested non-G20
countries and relevant stakeholders to carry forward work on financial inclusion, including implementation of theG20 Financial Inclusion Action Plan, endorsed at the G20 Summit in Seoul in December 2010.
42 See footnote 41

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EcoLife in Zimbabwe – example of a failure in a mobile insurance scheme 43
EcoLife was a partnership between Econet Wireless (the largest MNO in Zimbabwe),
First Mutual Life (an insurer in Zimbabwe) and Trustco (a third party technical service
provider based in Namibia). EcoLife reached 20% of the adult population within 7months of launch, but due to a dispute between two of the non-insurance entities,
Trustco and Econet, the scheme was discontinued overnight. In undertaking a surveyof the discontinued customers of EcoLife, 63% ruled out the use of similar products infuture, 42% were dissatisfied with insurance and 30% felt there were better ways toprotect against future problems than insurance. Considering the product had reached
20% of the adult population, the impact was significant.
41.
The potential for scale in mobile insurance brings significant opportunity to increasefinancial inclusion as demonstrated by several mobile insurance ‘sprinters’. For example, Tigo
Ghana reached almost one million lives in 12 months, Airtel Zambia reached an estimated two
million adults at launch and Telenor Pakistan reached over a million lives in six months.

Mobile-phone technology can play a role in various stages of the insurance product life
cycle . It can play a role in the enrolment of policyholders, premium collection, claims
processing and renewals. At the enrolment stage mobile phones can process some or all of
the customer and other details needed. This could also be carried out by the agent. In somecases additional paper information or a non-digital signature needs to be arranged separately.
As part of the enrolment photographs can be taken by mobile phone – for example of livestock– and transmitted to the insurer. As to the premium collection often payment takes placethrough the airtime of the customer, or through a mobile money account accessible via amobile phone referred to as “mobile wallet” allowing non-cash payments 45. In respect of claims
processing the mobile phone can be used to make the claim and – through photographs –provide proof of loss. In index-insurance there can even be a link with other technologicaldevelopments such as weather stations and satellites as is described in the next box.
42.

44

For Kilimo Salama, the claims payment is linked to an indexed parameter. At the time ofpurchasing the insurance product, farmers decide on the automated weather station thatis closest to their land and their policy is based on the parameters recorded at that weather
station. Farmers’ phone numbers are collected at the time of the policy purchase. Whenthat parameter is triggered (based on weather station data), all farmers’ phone numbersthat are linked to that weather station receive a pay-out directly via M-Pesa. The farmers
receive a confirmation of their payment via SMS. If the farmer does not have a mobile
phone, then the dealer through whom the insurance was purchased receives the pay-out
and passes it on to the farmer. The dealer provides a physical receipt to the insurer todocument the pay-out to the farmer.
Tata AIG uses a mobile phone application to approve and settle claims for its cattle
insurance product. Through an application developed especially for claims, the agent
sends photographs of the dead animal to the central server. The central server sends anemail to the claims team with the on-the-spot survey report for the customer immediately.
Previously, it used to take up to 20 days for the documentation and survey report to reach
43 Source: Report of the 2nd A2ii – IAIS Consultation Call Technical innovations in insurance distribution andregulatory implications, 24 April 2014;
https://a2ii.org/sites/default/files/field/uploads/notes_2_consultation_call.pdf
44 See: Microinsurance Innovation Facility, Mobile Phones and Microinsurance, Microinsurance Paper 26,
November 2013
45 The terms “digital wallet”, “mobile wallet,” “e-wallet,” and “electronic wallet” are sometimes used to refer to thisability to carry, access, and use value stored in or via a digital device. When issued or distributed by an MNO,
this stored value is often referred to as “mobile money” (source: Issues Paper Digital Financial Inclusion and the
Implications for Customers, Regulators, Supervisors and Standard-­‐Setting Bodies issued by the Global
Partnership for Financial Inclusion)

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the claims team. Claims assessors compare the photographs with those taken at the timeof enrolment. Specific features like the distance between the horns, or coloured patcheson the skin are compared to verify the identity of the animal. Once the claim is approved,
confirmation is sent to the customer by SMS. This process has reduced the claims
turnaround time to 6 days from about 30 days earlier. However, the biggest challenge
currently is ensuring that the assessors are comfortable with the process. There is a needto have the software in the local language, so that there is better understanding in theimplementation phase. 46
43.
Mobile-phone technology can also be an important instrument for data management
and analysis. Customer and premium details can be stored on the mobile phone of the agent
and then transmitted to the server of the insurer. The mobile phone user data can also informthe customer profile of the insurer.

According to the Application Paper on Regulation and Supervision Supporting
Inclusive Insurance Markets innovations in technology can be required and should bepermitted in regulation and supervision to overcome barriers to access while protecting thepolicyholders 47.

44.

45.
These developments come with certain challenges. The customer will need tounderstand and be able to perform the required (trans)actions by mobile phone. Where literaryand numeracy are an issue customers may trust others, for example the agent, to perform thenecessary actions creating a risk of abuse. There are also privacy and cybercrime risks. Large
inclusive insurance schemes using modern digital means of communication quickly reachmillions of people. Data leakage and misuse can take a very large scale very quickly.
Moreover, low income customers are often uninformed about the importance of dataprotection, potential of abuse etc. Offerings via mobile phone might give opportunity for
misinformation to the customer if the (correct) product information is not properly disclosed.

Ensuring the proper quality of agents through training is also a point of attention, evenmore so if there is a high turnover in agents. Where there is no or limited face-to-face contact
between customer and agent the risk of misuse or misinformation is exacerbated.

46.

47.
For the insurer reliance on a digital network will create various IT-related risks. The
computer server capacity should be such that the insurer can manage and process the volumeof data entered into the system without negatively affecting the continuity of the system. Also,
the use of third party providers to which the development, operation or maintenance of the IT
systems has been outsourced should be properly managed. Furthermore, the integrity of thesystem should be safeguarded against any forms of cybercrime, including malware.
48.
The use of mobile phone technology in insurance will likely affect multiple supervisors.
One or more insurance supervisors are involved in respect of the prudential and conduct ofbusiness aspects of the insurance business. Regarding payments also banking supervisors
and/or authorities responsible for oversight of the payment systems will have a responsibility.
The use of mobile phone technology and digital networks will entail the involvement of telecom
supervisors/regulators. These categories of supervisors and regulators will need to coordinate
and cooperate to the greatest extent possible to avoid initiatives that unnecessarily interferewith and harm the interests of the customer.
49.
Supervisors need to keep up with the speed at which technical innovations in insurance
distribution are being deployed.

46 Source: Microinsurance Innovation Facility, Mobile Phones and Microinsurance, Microinsurance Paper 26,
November 2013, p. 947 Paragraphs 3.2 and 3.3 of the Application Paper on Regulation and Supervision Supporting Inclusive
Insurance Markets

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3. The Inclusive Insurance Product Life Cycle
50.
Following the description of the features of the inclusive insurance market in theprevious section, this section presents the issues that have been identified from a conduct ofbusiness perspective for each of the elements of the inclusive insurance product life cycle.
The term “life cycle” is used to refer to the passage of an insurance product from inception toconclusion; it includes the following stages: development of the product, distribution,
disclosure of information, customer acceptance, premium collection, claims settlement andthe handling of complaints by the insurer.

3.1 Product Development
51.
Fair treatment of customers encompasses achieving outcomes such as developing
and marketing products in a way that pays due regard to the interests of customers 48. Although
the group of inclusive insurance customers is very heterogeneous, its commonalities requireparticular attention at the inception stage of a new insurance product, with a view to ensuring
fair treatment of the customer. This applies in particular but is not limited to:•

Covered risks - Are the risks being covered relevant to the target market?

•

Terms and Conditions – Are the terms and conditions appropriate for the customer
profile?

•Pricing - Is the product appropriately priced and structured for the premium paying
capacity of the customer?

Various initiatives have emerged to address these issues. The Microinsurance Centre
promotes for example the principle that every microinsurance product needs to be S.U.A.V.E.
i.e. simple, understood, appropriate, valuable and efficient. 49 In various jurisdictions thesupervisors have been made responsible for product oversight as a means to achieving theregulatory objectives in increasing access to insurance. The role of the supervisor in respectof product oversight in these instances is to control the launch of products by overseeing thatthey meet certain standards or parameters and offer appropriate value to customers 50.
52.

53.
Covered risks. Without research into the requirements of the specific target market,
as would be the case when product design is supply driven, the product is less likely to meetthe needs and cover the risks relevant to the target market and more likely to give rise to suboptimal customer protection and value, to lead to mis-selling or customer abuse. Whether
product design is demand or supply driven will give rise to differing customer protection
concerns. For example, when consumer goods are purchased the supplier often sells
insurance against loss or damage of that good or for an extended warranty. This type ofattached sales products is often offered to generate revenues for the retailer rather thanaddress the needs of the customer.
54.
It is important for supervisors to be aware that insurers may oblige customers of certain
services or products to purchase linked insurance. In inclusive insurance this is for instancethe case with credit life insurance. Due to the compulsory nature of these products, the value
offered to the customer may frequently be of secondary concern to the provider, with the
product primarily designed to mitigate the risk of the service provider rather than the customer
or with the provider just making use of a cross-selling opportunity. Whilst supervisors will aim
to protect the value offered to customers through compulsory products, they also need to
48 Guidance 19.2.4; see also paragraph 76 onwards of the Issues Paper on Conduct of Business Risk and its

Management

49 Microinsurance product development for microfinance providers, Microinsurance Centre and the International

Fund for Agricultural Development, October 2012, p. 14.; http://www.ifad.org/ruralfinance/pub/manual.pdf
50 For more information see: Report of the 5th A2ii – IAIS Consultation Call, Product Oversight in Inclusive
Insurance, 28 August 2014; https://a2ii.org/sites/default/files/field/uploads/notes_5th_iaisa2ii_consultation_call_product_oversight_in_inclusive_insurance_0.pdf
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recognise the important role such products play in developing a nascent inclusive insurance
or credit market.
Observed response(s) to the indicated issue:
A number of jurisdictions require that customers be given a choice of insurance provider
when required to buy mandatory embedded cover. Specific conduct of business anddisclosure requirements may also apply to the intermediation of compulsory products.
Regulation in Peru provides contract conditions for credit/mortgage life insurance,
specifying the obligations of the financial company to accept the insurance that thecustomer chooses when it complies with established policies. Also, the client is free todecide to replace the policy during their term by another of the same or better features,
being that if the premiums have been financed, the customer is entitled to a refund of futureinterest payments.
Combination(s) of cover offered – Sometimes insurance is sold together or as a
package with other financial or non-financial products, for example with banking or credit
products or with consumer goods such as household equipment and furniture or air tickets.
This concept is known as bundling 51. Also, the term “embedded” is used to indicate insurance
covers tagged along with other products 52. The differentiation between life, non-life and healthproducts, and to what extent different elements may be bundled in one policy, as well as theconditions for embedded products, are further important product-related issues for supervisors
in inclusive insurance markets. Below, each is discussed in turn.
55.

Demarcation between life and non-life lines in the case of bundled products 53 - A
statutory demarcation between the provision of life and asset/general insurance can preclude
the provision of cross-over products with both a life and a non-life element, unless different
insurers underwrite different components or composite insurers are permitted. The demand
for asset insurance is typically very low in the low-income market. A composite productcontaining funeral cover and asset insurance, for example, is likely to have more of an allure
to customers than a free-standing asset insurance product. Hence the distribution of non-life
policies to the low-income market is likely to be more feasible if sold in one offering with life
components. However, in countries with different prudential requirements for life and non-life
products (for example, more reserves have to be maintained for longer term life products thanfor non-life products) the bundling of a life and a non-life product gives rise to regulatory
challenges. In response, regulators may set certain product parameters that both life and nonlife microinsurance products need to adhere to in order to ensure that they are underwritten
on the same basis.

56.

Observed response(s) to the indicated issue:
The Microinsurance Regulations in India allow bundling of life and non-life components
only if life and non-life insurers underwrite the respective components and if there is clear
separation of premiums and risk between the components.
Similarly, in the Philippines (Insurance Memorandum Circular 1-2010), bundled
microinsurance products in life and non-life may be provided by insurers (commercial andcooperative) and mutual benefit associations as long as each component is underwritten
separately.

51 See paragraphs 44 and 77 of the Issues Paper on Conduct of Business Risk and its Management

52 See paragraph 1.23 of the Application Paper on Regulation and Supervision supporting Inclusive InsuranceMarkets
53 See paragraph 3.12 onwards and 4.41.4 of the Application Paper on Regulation and Supervisions supporting
Inclusive Insurance Markets.

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The statutory demarcation between general and life insurance in countries such as
Zambia, Tanzania and South Africa precludes the offering of bundled products. Proposed
microinsurance regulations in South Africa and Zambia aim to address this by allowing
bundled products where the life and non-life covers have similar risk profiles.
57.
Classification of health insurance - How health insurance is classified is a particularly
relevant issue in a number of countries. For example, where regulation excludes healthinsurance from the ambit of insurance or is not clear on the definition, it may create a grey
area for informal operators outside the jurisdiction of the insurance supervisor. In otherinstances, strict demarcation between the business of medical schemes and that of otherinsurers, coupled with prescribed minimum benefits for medical schemes, may reduce
affordability and inhibit innovation in the low-income health insurance space. The grey area inthe case of the supervision of health insurance could not only occur if medical services firms
are unregulated or unsupervised but also if there is an additional supervisor in this area.

Observed response(s) to the indicated issue:
In the Philippines private insurance companies are allowed by the Insurance Commission
to offer health insurance. Many companies are currently offering hospital cash benefits(some of which are approved as microinsurance products) and HMO-type health insurance
products. In South Africa there is a clear demarcation between the business of a medical
scheme and health insurance, with implications for microinsurance-relevant products suchas hospital cash plans that provide a pay-out to the customer with a medical trigger, but
not related to the underlying medical cost.
For example, Peru has a national supervisory authority of public and private entities
providing health services (SUSALUD), which seeks to promote and protect the access ofpeople to health care services. SUSALUD’s field of competence on insurance companies
covers processes associated with the provision of health services to policyholders, and thecompliance of medical dispositions agreed by contract such as medical audit or treatment
guidelines.
Insurance bundled with non-insurance - Examples include credit life insurance, or
funeral or personal accident insurance embedded free of charge in a savings product ordeposit account, a mobile network subscription (the latter is also known as loyalty insurance)or an insurance attached to the purchase of consumer goods. The non-insurance element of
the embedded insurance cover is not supervised for insurance purposes and the insurance
supervisor would normally not have jurisdiction over the delivery of this underlying product orservice. However, it can have significant implications for the insurance policy. As the insurance
cover is the secondary product it may offer limited value to the customer as the product design
would frequently be supply driven and may, as in the case of credit life, be designed to meetthe needs of the lender (supplier, or distributor,) rather than the customer. The interests of the
distribution channel – the product in which the insurance cover is embedded – can dominate
over the interests of the insured. The embedded nature of the insurance also increases therisk that customers may be unaware of the insurance cover as they are likely primarily
purchasing the non-insurance product with the insurance cover automatically added.
58.

59.
Terms and Conditions. Are the terms and conditions of the product appropriate forthe customer profile? A term that is excessively short can exacerbate policy awareness risk –where the insured individual is unaware that they have the insurance or that it needs to be
renewed. Very low claims ratios have been observed in some massively provided accident
policies, which run for a few weeks only. Shorter terms can also increase the prevalence ofadverse selection, in turn increasing the prudential risk to the insurer itself. On the other hand,
restricting the maximum term length (as is the case of some microinsurance specific legislationsuch as proposed in South Africa and existing in India) and the need for frequent renewal thatit entails may also help in creating awareness of the policy. Furthermore, a relatively shortIssues Paper on Conduct of Business in Inclusive Insurance
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term provides customers with the flexibility to change insurers and/or products if they are
unhappy with the value offered.
In order to ensure that products are appropriate to inclusive insurance customers’
needs, supervisors may require products to be simple in design, may restrict allowable
exclusions, or may place restrictions on waiting periods or other product features. However,where regulators are too detailed in their prescriptions, it may restrict the scope for innovationand discourage insurers from registering products. A proper balance is needed to foster moreaccess to insurance.
60.

Observed response(s) to the indicated issue:
Microinsurance product parameters have been defined in various countries for various
reasons: some define a monetary benefit or premium ceiling to ensure that microinsurance
products are designed for the low-income target market or to limit the prudential risk ofdedicated micro-insurers providing only these products. This is for example the case in thePhilippines, India and South Africa (proposed). Some impose qualitative productrestrictions. For example, Peru and Pakistan and a number of other countries haveprohibitions on the number or kind of exclusions, requiring these to be minimal, or in thecase of Pakistan, precluding exclusions for pre-existing conditions unless the insurer canjustify the exclusions to the supervisor.
Group policies - Groups offer a pre-existing channel through which insurers can offer
insurance to a large number of customers whilst also using the group’s infrastructure to reduce
administration costs. However, group policies may not be optimally designed for all theindividuals within the group and insurers may try to exclude certain more risky group members
from the cover. Also, individual members may not be informed or aware of the existing cover.
Hence, supervisors may include customer protection rules or mechanisms specifically forgroup policies in their regulatory frameworks, such as the requirement for a certificate in group
policies.

61.

Observed response(s) to the indicated issue:
India’s Microinsurance Regulations state that “every insurer shall issue insurance contracts
to the group micro-insurance policyholder in an unalterable form along with a schedule
showing the details of individuals covered under the group, and also issue a separate
certificate, to each such individual evidencing proof of insurance, containing details ofvalidity period of cover, name of the nominee, and addresses of the underwriting office andthe servicing office, where both offices are not the same.”
South Africa’s proposed Microinsurance framework stipulates that:•“The individual persons paying premiums under the policy will be deemed by law
to be the policyholders, rather than the administrator or any other entity on behalfof the individual policyholders•

The individual policyholders will have the right to cancel their cover at any time•

The administrator (who manages the policy on behalf of the group) must enter intoa written agreement with the insurer setting out the terms of the agreement•

The administrator must be licensed as a Financial Services Provider in terms of the
Financial Advisory and Intermediary Services Act or must be a representative of
the insurer within the terms of that Act.”

62.
Treatment of benefits in-kind - Allowing benefits-in-kind may increase the value of theinsurance to the customer. For example, in the case of funeral policies an in-kind benefit
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means that the beneficiary is not required to organise some or any funeral services. The
insurer may also be able to source benefits-in-kind more cheaply than an individual would.
However, allowing insurers to offer benefits-in-kind also opens up the opportunity for the
insurer to provide benefits below the insured value. Where the conditions for providing
benefits-in-kind are not regulated, customers may hence be vulnerable to abuse.
Observed response(s) to the indicated issue:
South Africa requires customers to be given the option of a cash pay-out where benefits
are provided in-kind.
63.
Pricing. Are products appropriately structured and priced for the premium payment
capacity of the target market? A further element to consider, linked to the term of the policy,
is how premium payments are structured and how flexible they are: are they one-off up-frontor regular transactions? Ideally premium structures should be designed based on thecustomers’ individual income streams. Customers with lumpy and irregular incomes, such as
small-scale farmers who receive earnings only once or twice a year after harvest, may benefit
from the opportunity to pay a one-off premium. However, for most low-income individuals, aone-off premium payment may be an excessively high capital requirement. Indeed, those who
earn an income through informal trading or piece work may not even find monthly premium
payments suitable, as their income stream is weekly or daily.
64.
A key principle of inclusive insurance markets is affordability. Therefore, a significant
barrier to inclusion arises when the premium rates of certain insurance products areprohibitively expensive for the inclusive insurance customer. Where there are concerns about
the ability of market forces to sufficiently drive down prices (such as where there are bundled
products) then alternate measures like premium caps may have to be considered. Pricing
interventions, such as price caps, need to be balanced with the need to ensure that inclusive
insurance products are sustainable in the sense that the profitability of the products must be
sufficient to sustain the insurance provider. Also the use of deductibles in some products, suchas catastrophe microinsurance, might be considered to mitigate moral hazard and adverse
selection risks.

Observed response(s) to the issues in respect of Product Development:
Brazil (Superintendencia de Seguros Privados, SUSEP)
Product oversight varies by product line. For general insurance, file & use is applied,meaning that products are approved for launch after SUSEP performs a quick analysis andreleases the product registration number to the insurance company. For life insurance lines
with a saving component, approve & use is applied, meaning that prior approval is required
before the product can be marketed. For microinsurance products file & use is applied.
At present, SUSEP provides product oversight for 49 microinsurance products and 29
insurers offering microinsurance, including three dedicated microinsurance companies. On
average, product approval is obtained in three days as long as the product operates withstandardised coverage and exclusions with minimum document requirements as per the
microinsurance regulation.
Quick turn-around of product oversight is facilitated by use of an electronic, web-based
system. Insurance companies upload their products to the system and after SUSEP
performs a minimum checklist on it, the product information is publically accessible on the
SUSEP website. This procedure is an important transparency tool since it allows
customers and other stake- holders to check if the insurance policy sold is in accordancewith the product registered at SUSEP. The system is linked to a statistical accounting database, allowing information such as market share, claims ratios, and premiums by line of
insurance to be retrieved. It enables SUSEP to have control and full visibility of all
insurance products and a better view of the supervised market, since its control is not only
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limited to the insurance policy itself, but also allows SUSEP to have a global view of the
product performance in the market.
India (Insurance Regulatory and Development Authority, IRDA) 54“India sees product design as a critical component of conduct of business regulation, withspecific relevance to inclusive markets. The low income segment generally has limited
financial education. Therefore, the microinsurance regulatory framework defines productparameters such as risk coverage (sum assured) and only certain product categories areallowed.”“Product design guidelines are issued specifically for microinsurance and insurance
products targeted at rural / social sectors. Amongst other requirements, products have tomeet actuarial scrutiny and comply with regulations, including simple language in policy
forms and sales literature. Products have to meet certain features, such as being simple
and inexpensive, easily understood, have reduced distribution costs and focus on productlines that are bought rather than sold. These requirements are validated through a file &use system, where products are reviewed by Product Approval Committees consisting ofactuaries and subject matter experts, with every approved product receiving a unique
identification number. Regulations are currently under review to introduce further
safeguards to protect vulnerable customers.”
South Africa (Financial Services Board, FSB)South Africa’s microinsurance policy proposals tightly control the parameters of productdesign permissible under a microinsurance license, in order to balance customer
protection and market growth imperatives. Product review will take place on a file & use
basis. In South Africa’s policy proposal, microinsurance products are defined as risk
benefits only, with no surrender value. Savings components are not allowed. Under the
microinsurance line, benefits are capped for death events, other risk events (accident anddisability) and asset insurance.
Microinsurance products are limited to a maximum product term of 12 months, at which
point the product can be renewed. Underwriting can be applied either on an individual orgroup basis, and waiting periods are limited to a maximum of six months for death anddisability products. Accidental death products cannot apply a waiting period. Exclusions
may not be enforced for pre-existing conditions and, in life policies, exclusions with respect
to suicide may apply for only two years. A right to a monetary benefit without administration
fee is required to enhance the value of the product to the customer. For the same reason,
microinsurance claims should be paid within 48 hours of receipt of the requisite information,and in respect of grace periods, customers have the right to the same terms being
reinstated with the contract being reset to one month after reinstatement. To lower thecosts of business, the regulator will permit initial pricing and subsequent changes onpolicies to be signed off by an actuarial technician, rather than a full actuary.
Ghana (National Insurance Commission, NIC)
Insurance products in Ghana can only be issued after the NIC has given its prior written
approval (approve and use) for the product. This approach is taken given that the local
insurance market is still developing, with customer protection understanding in its infancy.
Most of the population is unfamiliar with insurance, so the regulator ensures that products
deliver value. A new law is currently being passed that will allow for a file & use approachto product oversight. In the meantime, transitional prior approval rules apply.

54 Source: Report of the 5th A2ii – IAIS Consultation Call, Product Oversight in Inclusive Insurance, 28 August

2014

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Insurers apply for new product assessments by submitting a policy contract, an actuarial
estimate and a written record of assessment (indicating how the target market, price,affordability and accessibility of the product were assessed internally).
In Ghana, microinsurance is defined as targeting a certain market segment. This segment
must be proven to be low income generally, or a specific type or description of low income,or a low income person limited to a specific geographic area. Premiums must be affordable
to the target market, and the insurance contract must be readily understandable tocustomers. However, microinsurance products can also be purchased by higher income
customers.
Microinsurance in Ghana faces a number of challenges. For example, mobile insurance
can be bought inadvertently when customers buy airtime, as an add-in package. For the
moment, the regulator is still assessing how to protect these mobile insurance customers,
who may not be aware that they own cover.

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3.2 Distribution
65.
The distribution features often found in inclusive insurance business models and therelated risks to consumer protection that such features give rise to (as outlined in section 2.3)
confront supervisors with new regulatory and supervisory considerations. This section
considers the issues arising in inclusive insurance from the following distribution features:•

The parties involved: often multiple parties, many of which are not originally from theinsurance or even financial services spheres, are involved in the distribution chain.

•

The skills and competence of the sales persons: those selling the insurance may
have less skills and training vis-à-vis conventionally licensed insurance brokers andagents.

•

The interests of the sales person or channel: those distributing insurance in addition
to or on the back of another good or service may have misaligned incentives, as
insurance is not their core business and first priority.

•

Relative bargaining power: insurers may have reduced bargaining power vis-à-vis
those who control access to the customers (the aggregator).

•

Distribution costs: the combination of bargaining power and a long value chain may
lead to high distribution costs.

•

Reputational implications: where an aggregator is the “face” of the insurance it may
lead to increased reputational risk for the insurer.

Multiple parties involved. Where inclusive insurance distribution is characterised bya long value chain, it confronts insurance supervisors with more entities to accommodate inregulation, requiring entry and ongoing requirements to be set at a level that promotes
provision of services by a broad spectrum of intermediaries, but in a way that does notundermine customer protection.

66.

67.
In doing so, supervisors may be challenged by the fact that aggregators or other third
parties such as technical service providers or administrators do not fall within their primary
jurisdiction. For example: mobile network operators are regulated by the telecommunications
authority, where their regulation typically does not extend to intermediation of financial
services. There is usually no direct provision in the insurance regulatory framework forinsurance distribution through such intermediaries. It may also be that other laws (e.g. banking
regulations) do not allow entities under their jurisdiction, for example a Microfinance Institution,
to be an insurance agent.
68.
The involvement of multiple parties gives rise to three main regulatory and supervisoryconsiderations:•Intra-agency coordination. How can insurance supervisory objectives be achieved in
respect of entities that do not traditionally fall within the insurance supervisor’s
jurisdiction? This may require the insurance supervisor to coordinate with authorities
and regulators in other spheres.

•

Accountability of entities. How and to what extent can all entities in the value chain be
made accountable to the insurance supervisor? While the institutional regulation of
new entities in the value chain will remain with the respective other authorities, theirincorporation under the functional jurisdiction of the insurance supervisor in terms of
their role in insurance distribution is an important consideration.

•

Delegated supervision. The demands placed on supervisory capacity by a multitude of
additional distribution outlets (for example in a scenario where bank branches ormobile airtime vendors become insurance distributors) means that the potential
delegation of the registration and/or supervision of the sales force to insurers becomesa relevant consideration. This could mean that the insurer is held accountable for theIssues Paper on Conduct of Business in Inclusive Insurance
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actions of all persons selling its insurance policies. Insurers may be asked to keep aregister of sales persons and to train and oversee them, so as to ensure appropriate
conduct of business.
69.
Skills and competence of sales force. In the interest of customer protection,intermediation regulation usually requires a minimum level of qualification, experience andknow-how. Licensing often involves extensive training as well as certification fees.
70.
Where proxy sales forces are used, or where insurance sales forces expand
dramatically in line with new distribution models 55 adopted, it means that the nature and qualityof the sales force may differ from that of conventionally certified insurance brokers and agents.
It may also be that the type of information to be disclosed during the sales process will bedifferent to what is required in conventional insurance regulatory frameworks, depending on
the nature of distribution in the particular business model and the type of product. For example,
inclusive insurance products are typically not complex products such as unit-linked products
requiring extensive explanation, but simple products with few exclusions.
71.
For the above reasons, conventional training, experience and qualifications
requirements contained in insurance regulatory frameworks may not fully accommodate
inclusive insurance distribution features. A resulting unintended consequence may be that
aggregators choose simply not to license or register all sales persons for insurance distribution
purposes – a phenomenon that may be difficult for supervisors with limited capacity to enforce
in the face of a multitude of new sales persons (for example tens of thousands of MNO vendors
acting as insurance distribution points).

The consideration arising for insurance supervisors is: at what level should entry andongoing requirements for qualified insurance intermediation be set so that such requirements
promote provision by a wide range of persons, are realistic to supervise, and are sufficient toensure effective customer protection, while not putting an undue burden on the intermediary?
Innovative approaches could be considered, e.g. tablet or web-based training, however it isimportant that their effectiveness is adequately monitored for example through mystery
shopping or customer satisfaction surveys.
72.

Interests of sales persons or channel. In the case of the proxy sales force, servicebased sales, auto enrolment, passive sales and, in some cases, group decision models (asoutlined in section 2.3), the interests of the sales channel are primarily aligned to that of theaggregator or group, and may be misaligned with the interests of the individual customer 56.
For example: a white goods retailer salesperson will primarily be interested in selling theunderlying good, and will offer insurance in a way that promotes the sale of the underlying
good. Likewise, a credit provider may primarily be interested in the protection against default
risk offered by the insurance that is sold with the credit.
73.

74.
That means that whether or not the particular policy is appropriate for the particularneeds of the individual, whether or not the policy is renewed (or simply re-sold once lapsed)and how to disclose information in a way that is most likely to be understood by the customer,
may not be primary concerns to the channel.
75.
Conventional elements of the insurance regulatory framework, such as commission
structures and disclosure requirements, may inadvertently reinforce misaligned incentives, forexample when an upfront commission structure implies that the sales person has no incentive
to ensure policy renewals, where commissions are capped at a level that discourages anindividual sales effort, or where disclosure requirements do not take into account the role andincentives of these new types of role players in insurance distribution.

55 For the purpose of this paper, a distribution model is defined as the means through which insuranceintermediation occurs, including the various parties involved and the relationships between such parties.
56 Also see paragraph 67 onwards of the Issues Paper on Conduct of Business Risk and its Management

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Relative bargaining power. Where the inclusive insurance value chain is based on
partnerships between insurers and aggregators that provide access to a large customer base,a situation of unbalanced bargaining power may arise, as the aggregator can demand
substantial sums from the underwriter in exchange for access to their customer base. This
adds to the underwriters’ costs, which may be passed on to the customer. The result may bequestionable customer value.
76.

77.
Conventionally, the insurance regulatory framework is tailored to a situation where theprimary relationship is between the insurer and the customer, not the customer and a third
party, and will therefore not necessarily address such partnership dynamics and power
imbalances.
78.
High distribution costs. The combination of a long value chain, with more entities toremunerate along it, and enhanced bargaining power of those parts of the value chain
controlling access to the customer base, may increase distribution costs. This may inflatepremiums or cause claims ratios to be disproportionately low. In either instance, customer
value may be reduced.
79.
Reputational risk impact. Where non-insurance aggregators are involved in the
inclusive insurance value chain, the insurer is often not the primary face of the insurance. Thiscan lead to increased reputational risk for the insurer, should an action of the channel lead toa mis-sold policy, to policy awareness risk or to post-sale risk 57. It may also be that the actionsof the intermediary lead to payment risk that impacts the reputation of the insurer, should it
result in lapsed premiums or unpaid claims.

The various conduct of business considerations to prevent such a situation may not
be covered by the conventional insurance regulatory framework and the associated codes ofconduct.

80.

Observed response(s) to the indicated issues:
As the inclusive insurance distribution features giving rise to the issues raised in thissection are still relatively new, most countries have not yet adapted their regulatory andsupervisory frameworks to better align to inclusive insurance market trends, or are now inthe process of doing so. Brazil, Ghana and the Philippines represent three case studies
where microinsurance regulatory frameworks have already been developed thatincorporate specific intermediation elements. In each country, unique market featuresinformed the development of the specific regulatory response.
BrazilBrazil has a large inclusive insurance market that is characterised by a number of proxysales force and other inclusive insurance business models operating at large scale andembodying many of the inclusive insurance distribution features that confront supervisors
with new issues as highlighted above. Cognisant of these market features, the Brazilian
insurance supervisor, SUSEP, on behalf of the National Insurance Council (CNSP), hasover the past three years issued a set of rules to regulate new distribution channels in
Brazil as part of its broader microinsurance/inclusive insurance regulatory framework.
Amongst others, the new rules provide for three new players in the insurance value chain:insurer’s representatives, microinsurance correspondents and microinsurance brokers. In
addition, banking correspondents are also allowed to sell microinsurance 58.
Of particular significance is CNSP Resolution #297, October 25, 2013, which focuses onregulating the retailer's role in insurance sales. The main provisions established by CNSP
57 If the aggregator also suffers reputational risk (as their brand is at stake), this impact may be mitigated.

58 The relevant provisions are contained in: SUSEP Circular 441, of June 27, 2012 - Regulates microinsurance

sales through bank correspondents; SUSEP Circular 442, of June 27, 2012 - Regulates microinsurance
correspondents and SUSEP Circular 443, of June 27, 2012 - Regulates the registration and activity of
microinsurance brokers.
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Resolution #297 include that insurers are responsible for the actions of theirrepresentatives, that representatives should offer insurance only through individual polices
or simplified insurance “tickets” and a prohibition of tied sales 59 through this channel.
Minimum qualification and training requirements apply for representatives’ employees incharge of insurance sales and they may sell only limited lines and simple products.
Furthermore, SUSEP has full and unrestricted access to Insurance Representatives’
physical offices/places of operation and to all signed contracts as well as to all information,
data and documents relating to the contract. Strict disclosure requirements, including on
the insurer’s name and details on product features, also apply.
Additionally, SUSEP Circular 480, of December 18, 2013 requires all retailers offering
insurance plans on behalf of an insurer to sign a contract as an insurance representative.
The main provisions set by Circular #480 include that the retailer must sign a contract with
the insurer to act as the insurer’s representative (thus, subject to CNSP Resolution #297),
that there is a statutory cooling off period during which the insured can cancel the contract,a prescribed code of conduct for salespersons, and explicit disclosure requirements,
including the need for a visible physical location for insurance sales at stores.
Philippines 60
The Philippines is a pioneer country in terms of microinsurance regulation. While also
aiming to achieve goals such as formalisation, a substantial part of the microinsurance
regulatory framework deals with distribution.
Amongst others, the distribution elements of the framework include that brokers for whom
microinsurance represents at least 50% of their portfolio are subject to reduced capitalrequirements. Furthermore, various provisions are included regarding the licensing andtraining of intermediaries. Three circulars from the Insurance Commission and two fromthe Central Bank were introduced between 2010 and 2011 to regulate the nature of a
microinsurance agent and the training of agents. Under the rules, insurers are liable toensure that the intermediaries that they use are licensed and trained. Rural banks canqualify as an agent. The Insurance Commission must approve agent licenses of ruralbanks, as well as training modules before the training provider is accredited, and themicroinsurance agent must display visible signage on its premises. Other parts of theframework, such as Insurance Circular 5-2011 on Microinsurance Performance Indicators,
are also of relevance to the issues raised by inclusive insurance distribution.
The outcome has been a significant expansion in registered microinsurance agencies,
including rural banks registered as microinsurance agents. The circulars requiring ruralbanks to register as intermediaries had an important impact in incorporating the largest
rural banks engaged in microinsurance into the insurance regulatory fold as distribution
channels. However, there are still a number of informal providers, for example
cooperatives, that have chosen not to formalise their status. There is an ongoing multistakeholder process towards formalisation, as well as to update the microinsurance
regulations to ensure that they remain relevant given changing market conditions.
81.
In summary: The distribution method applied may reinforce inclusive customers’
vulnerabilities as outlined in section 2.1: the insurer is less visible to the customer; passive
sales techniques or sales by persons with reduced skills or misaligned incentives may
exacerbate the risk of mis-selling where customers have limited knowledge and skills; andcustomers will be less aware of the fact that they have cover and of how to claim in the case

59 Also referred to as bundled product in paragraph 55, namely where the sale of another good or service isconditional upon the customer buying a linked insurance product.
60 Sources: 1) Regulatory Impact Assessment Microinsurance Philippines For the GIZ Project Regulatory
Framework Promotion of Pro-poor Insurance Markets in Asia (GIZ-RFPI), Martina Wiedmaier-Pfister and Michael
J. McCord (Microinsurance Centre), 27th August 2014, work in progress. 2) Case Study: The Philippine experienceon Microinsurance Market Development. Prepared by D. Portula (GIZ-RFPI) and R. Vergara (Philippine InsuranceCommission), August 2013.

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of auto enrolment. Thus inclusive insurance business models challenge supervisors in thatthey need to consider:•

the need for coordination between supervisors from different spheres where channels
not traditionally under the jurisdiction of insurance supervisors are leveraged for
insurance distribution purposes;•

the range of intermediation channels to be allowed, which in turn will have implications
for the institutional and qualification requirements set in order to ensure appropriate
sales;•

how to ensure appropriate conduct of business by this broader range of entities in theinterest of customer protection, in a way that does not unduly impact cost or limit thelandscape of distribution methods;•

how to balance the power dynamics relating to distribution methods and ways tomitigate the customer protection impacts of power imbalances; and•whether and how to monitor relevant indicators of customer value, responding
appropriately where concerns arise.

While customer protection concerns require a particularly strong emphasis on conductof business regulation in inclusive insurance, country experience has shown that there is alsoa real danger of “protecting customers out of the market”, meaning that the regulatory burden
imposed by strict conduct of business requirements pushes up distribution costs to such an
extent that insurers may not find distribution to the low-income market viable, or may
streamline distribution to entail no or limited advice. This may defeat the purpose of the
conduct of business regulation in terms of customer empowerment, disclosure and preventionof mis-selling outcomes envisaged. The Application Paper on Regulation and Supervision
Supporting Inclusive Insurance Markets contains guidance on responses proportionate to thenature, scale and complexity of the entities and risks arising.
82.

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3.3 Disclosure of Information
83.
The insurer or intermediary, as relevant, should take reasonable steps to ensure thata customer is given appropriate information about a policy in good time and in acomprehensible form so that the customer can make an informed decision about thearrangements proposed (product disclosure) 61 . The information that is provided to thecustomer should be clear, fair and not misleading and enable the customer to make an
informed decision about the product by understanding the characteristics of the product (s)heis buying and by understanding whether and why it meets his/her requirements 62. On the other
hand care should be taken that the costs of compliance with relevant regulation in respect of
disclosure do not lead to higher premiums and become a barrier to broader access toinsurance.
84.
The profile of the typical inclusive insurance customer as described in section 2.1
creates specific challenges as to the mode, timing, content and language of the disclosure.
This is recognised in ICP 19 where it states that “the level of information required will tend tovary according to matters such as: the knowledge and experience of a typical customer” inaddition to the product features 63.
85.
Integrating the mandated information disclosure with a general education andawareness campaign can make the approach more effective and efficient.
86.
The mode of disclosure refers to how the relevant information is conveyed topotential and existing customers. A key element of what constitutes an appropriate mode of
disclosure includes what can be included as part of verbal disclosure and what is required tobe disclosed in writing. A second element of the mode of disclosure pertains to whether the
insurance contract and policy details must be disseminated in paper format or whether anelectronic version will suffice.
87.
Conventional means of disclosure may not be appropriate or adequate given themarket which inclusive insurance is trying to address. The mode of disclosure could even be
by word of mouth; or there might be a local gathering place where conversations take place.

Information disclosure is sometimes supported by innovative means of raisingawareness and insurance literacy. It can use visual learning approaches such as role plays,
videos, posters, comics and other learning materials, for instance by retailers who display
terms and conditions on pamphlets in their shops allowing permanent access to theinformation. However, this only works if the insurance policies are basic and do not include
voluminous exclusions.

88.

89.
The timing of disclosure concerns the most appropriate and effective stage in theprocess of the policy sale in which to disclose the relevant information to the customer.
Relevant policy information is most useful to customers just before they need it, which isusually whilst being in the process of deciding whether to purchase the policy or not and during
the claims process, and customers are typically most receptive to information when that
information is immediately useful.
90.
In inclusive insurance it is important that disclosure is done in a manner and at a time
which synchronises with the work/life needs of those getting the insurance. Customers may
have work patterns which set different priorities at certain times (e.g. bringing in crops) andthose need to be recognised and accommodated.

The content of disclosure should contain the key features of the product including
but not limited to the identity of the insurer, the risks covered and excluded, the level ofpremiums and the prominent and clear information on significant or unusual exclusions or
91.

61 Guidance 19.5.1; also see paragraph 46 onwards and 92 onwards of the Issues Paper on Conduct of Business

Risk and its Management

62 Guidance 19.5.2 / 19.5.4 / 19.5.9
63 Guidance 19.5.10

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limitations 64. There is therefore a clear link with the development of the product at which stage
the scope and limitations / exclusions are set. The simpler the terms and conditions the easier
their disclosure. The customer in inclusive insurance is better served with a focus on thequality of product disclosure rather than on the quantity of disclosure, as there is a risk that if
the disclosure becomes too voluminous then the customer may be less likely to read thematerial and understand the important messages.
The language required during the disclosure includes the question of whether the
insurer should disclose policy details in the potential customer’s native / official language orwhether vernacular language in the country is acceptable.

92.

A different aspect to language is that of simplicity. Difficult terms and complicatedsentences will form barriers to the proper understanding by the inclusive insurance customer.
The use of standardised information that is screened on its easy readability and use of simple
words might help.

93.

94.
Also relevant is the effectiveness of the process of disclosure, particularly taking into
account the extended intermediation channel typically found in inclusive insurance. When
there is an aggregator, other than an agent, involved in the sales process, there is aheightened risk of insufficient disclosure as the proxy sales force of the aggregator may require
training in order to effectively disclose the details of the policy. The issue is to what extent
insurance intermediaries should be regulated in terms of disclosure as the more stringent therequirements, the more costly for the intermediation channel, which could impact the attraction
as a channel to reach low income customers. Greater regulation will also require greatersupervisory monitoring capacity. Supervisors may make the insurer ultimately responsible forall disclosure through the sales process.
95.
A further issue relating to the effectiveness of disclosure arises due to the fact that,in many transactions where inclusive insurance is purchased, the objective of the customer is
not to purchase the insurance, but rather to purchase another product or service, such as
credit or an asset. The insurance component of the transaction is thus entirely subservient to
the primary product. In relation to the primary product, the bargaining position between thecustomer and the provider/intermediary is often entirely reversed, with all the bargaining poweron the side of the provider (for example a credit provider). In these situations, it does not matter
how extensive the level of disclosure on the insurance policy is, it has virtually no impact on
the decision to purchase the policy or not since the customer is on the receiving end of terms
dictated

The tension between offering compulsory insurance products and voluntary products
can be exacerbated by concerns that compulsory products may not provide customers withthe sufficient information to i) make an informed decision to opt out of the scheme that isproviding the compulsory product or ii) understand how questions can be addressed or claims
can be made. Offering customers information even when products are compulsory or
embedded into other packages of financial services (such as savings, remittances, or credit)
is important to ensure that customers can benefit from the products at all.

96.

Observed response(s) from industry and regulators to the indicated issues:•

In the Philippines, a prototype Microinsurance policy contracts for non-life
product (covers basic peril to life, properties and livelihood) and life products(term life and life contract with cash value) have been developed jointly by
associations of insurers and the Insurance Commission through a Technical
Working Group. The prototype has ensured that the policy contract (1 page
only, and written in Filipino and simple English) disclosed key information about
the product and insurer being required by the Insurance Commission. The
prototype policy contract, similar to all other Microinsurance products approved

64 Guidance 19.5.11

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by the Insurance Commission based on the Circular, should prominently
display the Microinsurance logo on the face of the policy contract. This is toenable the customers to immediately recognise that they are buying
Microinsurance.
•

FINO Fintech, an Indian banking correspondent agency that works with agentsselling insurance and other financial services, has developed a cost-effective
mobile-based training module. This module has allowed FINO to reduce theduration of in-person training and to deliver on-going support through updates
about product and policy changes and answers to frequently asked questions.
FINO tracks whether agents have downloaded the updates and is able to follow
up with those who do not. Once downloaded, these updates remain available
to agents even when they do not have mobile reception, so they can accessthem while interacting with customers in the field.

•

MicroEnsure Philippines, a microinsurance broker, is using call centre platform
to support policy holders on claims processing and on general inquiry about
microinsurance.

•

Regulation in Mozambique requires the insurance contract to be in writing andthe policy document to be physically delivered. This could be costly from a
microinsurance perspective and in practice might not be viable.

•

2012 Brazilian microinsurance regulations allow for “remote means” ofcontracting which do not require a hard copy signature or policy document.

•

Both Ghana and South Africa allow for electronic contracting in their regulation,whilst Tanzania implicitly allows for electronic contracting in the absence of ecommerce regulation.
-

MicroEnsure/Tigo’s mobile insurance products in Ghana and Tanzania relyon electronic contracting.

-

There are also a number of insurance products in South Africa that rely on
remote (electronic or telephonic) contracting and disclosure. For example;
Outsurance, Customerele Life and some of Hollard’s products.

Content of disclosure:•Some countries, such as Zambia, do not address the issues of disclosure andtransparency at all: “there are no stipulations on the information to be disclosed
to the customer and in what way. There are also no requirements for financial
advice”. This creates uncertainty in the market – which the draft plans for
microinsurance regulations in Zambia now seek to rectify.

•

Others have detailed disclosure requirements as part of conduct of businessregulation and many countries have tailored or are considering tailoring theserequirements to microinsurance. For example: microinsurance regulations inIndia and Philippines. Brazilian regulation explicitly stipulates that “customers
must be well informed and there should be full transparency. Insurance should
be offered to customers in a correct, clear and accurate way, with adequate
information in Portuguese on their characteristics”. China requires simple
insurance certificates with all the relevant details of both parties and the policy
must be issued to policyholders. In Peru, regulations promote the transparencyof the insurer identity, sales channel, risks covered, exclusions, claims
procedures and insurance premium, and require insurers (directly or throughtheir sales channels) to provide detailed information.

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Language of disclosure:•

The insurer Hollard in South Africa created a model of a microinsurance policy
in simple, plain English. In addition, the most important features of the life
insurance contract for products offered through the retailer PEP arecommunicated through pictures and in simplified, plain language. Customers ofHollard’s microinsurance products often have low levels of literacy and rely on
face-to-face distribution and verbal explanations.

•

Pakistan’s microinsurance regulations (2014) stipulate that “any disclosure
made to the microinsurance policyholder is written at least in the Urdu
language.”•

India’s microinsurance regulations stipulate that “every insurer shall issue
insurance contracts to the individual micro-insurance policyholders in thevernacular language.”

Effectiveness and process of disclosure:•

A MILK Project study of catastrophic insurance in Ghana suggested that
customers were not well-informed of their mandatory coverage. When a flood
hit the insurance pay-out was in many cases a surprise to customers. However,a similar phenomenon occurred in Colombia even with a voluntary insurance
product. While customers recalled being insured they were extremely confused
about the benefit that was due to them and often expected a pay-out that wasvery different from the one they received.

•

In Colombia, all loans should have credit-life coverage, but customers arelegally able to purchase this coverage from any source and should be madeaware of this option. While in practice, most low-income customers who use
microcredit buy this insurance through their microfinance institution, some(usually fewer than 5%) do opt to purchase it separately from a different insurer.

•

Mongolia: Insurers can be asked to withdraw advertising the supervisor
considers misleading.

•Peru: the insurer is responsible for providing information and documentation to
the customer, which in the case of non-compliance can even lead to resolutionof the policy. In these cases, during the free-look or cooling off period, thecustomer has the right to a refund of the premium paid (if that is the case) 65.

65 See paragraph 98 on the free-look and cooling off.

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3.4 Customer Acceptance97.
Customer acceptance refers to acceptance of the customer’s risk by the insurer basedon a policy proposal submitted by the customer, or by a broker or other intermediary on behalfof the customer. Customer acceptance signifies that a contract has been entered into between
the policyholder and the insurer. Before this can be the case, there needs to be sufficientcertainty on the risk profile, price, terms and conditions for both parties to reach agreement.
98.
To create the required certainty for customer acceptance, insurers will request certain
information and/or documents from potential customers. To ensure customer protection andproper conduct of business, regulation may also place certain requirements on the contracting
process, for example that a written, signed proposal must be submitted and a policy document
or certificate issued as formal acceptance, that a broker should co-sign the proposal, or that acustomer be granted a certain period during which they can cancel the policy and havepremiums reimbursed (called a “free-look” or “cooling off” period).

Regulatory objectives in the area of financial integrity, most notably anti-money
laundering and combating the financing of terrorism, can also place requirements on customer
acceptance, listing certain information and documents that the customer needs to submit
before acceptance can take place.

99.

100.
Where documentation or information requirements imposed by insurers and/or
regulations are onerous for low-income customers to meet, or customers do not have accessto the necessary documentation, it can create a barrier to inclusion.
101.
The modes of contracting prevalent in the inclusive insurance business models
discussed in section 3.2 give rise to a number of distinct customer acceptance considerationsin the inclusive insurance sphere which may require a proportionate regulatory andsupervisory response.
102.
This section considers the issues arising from four salient customer acceptancefeatures in inclusive insurance markets, namely:•

Group acceptance: In contrast to individual acceptance, where customer acceptanceis based on an assessment of the individual’s risk profile (termed underwriting), group
acceptance happens when the insurer assesses and prices the risk of a group as awhole. There is therefore no individual underwriting and individuals cannot be denied
acceptance or have their pricing adjusted based on their individual risk profile. Cover,terms and conditions are standardised 66.

•

New parties involved in the offer and acceptance process: A broker does notnecessarily submit a proposal on behalf of the customer and there is not necessarily adirect policyholder relationship between the insurer and the insured.

•Non-face-to-face / remote contracting: To reduce costs and facilitate alternative
distribution 67, contracting in inclusive insurance often takes place through non-face toface or electronic means.

•

Low money laundering/financing of terrorism risk: Inclusive insurance policy
contracts tend to entail small value benefits and to cover types of risks not prone tomoney laundering or financing of terrorism risk.

66 Group policies can be compulsory or voluntary/open. Under the former, all members of a group are covered byvirtue of their membership (for example, an employer-based scheme). This minimises the risk of adverse
selection. In the latter, for instance affinity groups, a person may choose whether or not to be covered by thegroup policy.
67 Defined as innovative distribution approaches not including the traditional insurance sales structures, such as
broker, agent and sales staff (in the inclusive insurance space, often by an aggregator).

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103.
Group acceptance. Under group acceptance individuals can buy policies without theneed to submit their individual risk characteristics. This makes customer acceptanceadministratively more convenient and reduces costs, and may increase premium persistency
if premiums are collected via the group.
104.
The downside to the individual, however, is that low-risk individuals do not benefit fromindividual underwriting. Indeed, the insurer may not even know the details of the endcustomers. Furthermore, open group acceptance may necessitate the use of a waiting period
to reduce the risk of adverse selection. If customers do not fully understand the terms of the
waiting period, they may be disillusioned when claims are rejected during the waiting period.
Should a person or group switch cover from one insurer to another, it may imply interrupted
cover if a new waiting period is imposed.
105.

Potential regulatory considerations include:•

Whether to place any conditions on the mode of underwriting allowed.

•

May a third party such as an administrator or aggregator enter into a contract on behalfof individuals, and under what conditions?

•

How to ensure protection of the individuals in the risk pool, should their risk profilechange?

•How to ensure that the insurer knows who is insured under the policy?

Observed response(s) to the indicated issue(s):The proposed South African microinsurance regulatory framework states that insurers
should not be able to selectively cancel (or refuse to renew) individual policies within thegroup. Should the insurer no longer find the level of risk acceptable, it must decline torenew the policies for the whole group.
The framework also has stipulations regarding maximum allowed waiting periods,
disclosure regarding waiting periods and stipulates that no new waiting period should apply
if a group policy switches between insurers, as long as there is uninterrupted cover.
Finally, the South African insurance regulatory framework contains conditions for “binder
agreements“ to apply in instances where a third party, such as an administrator, has theability to bind an insurer into an insurance contract.
New parties involved in the offer and acceptance process. Typically, an insurance
proposal is signed by the customer or legal representative of the customer, plus, whereapplicable, his or her broker. The same may however not always apply in inclusive insurance– a phenomenon that is directly linked to the prevalence of group acceptance. For example:
in the inclusive insurance space, group policies are frequently contracted through a third party,
which can be a group organiser, manager, aggregator, technical service provider oradministrator. The offer is signed by the third party, which enters into the policy on individual
group members’ behalf 68. This may create the risk that the individual is not aware of his or her
cover or who the insurer is and how to claim, that the book is moved between insurers without
the individuals’ consent and that individuals are left with gaps in cover in the process of sucha move.
106.

107.
Thus, whereas traditionally the principals to an insurance contract are the insurer andthe insured, with a supervised intermediary in-between, in inclusive insurance the relationshipmay be interposed by new parties. These additional contracting parties do not necessarily

68 One particular example is free or subsidised auto enrolment schemes, where another party, which can be abank, credit provider, a mobile network operator or the state, makes the offer and pays the premium on behalf of
the insured individuals – in some instances without the individual even knowing that they he or she is covered.

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have an agency relationship with either the insurer (as the case would be for agents) or the
insured (as the case would be for brokers).
108.
The contracting modalities found in many of the evolving inclusive insurance businessmodels necessitate supervisors to reassess the conduct of business requirements placed on
the customer acceptance process. The following considerations arise for supervisors:•

The need to revisit conventional requirements for co-signature by a broker or otherintermediary.

•

The need for clarity regarding the contractual relationships between insurer, insured
and third parties.

•

The need to consider specific customer protection safeguards in the contracting
process, for example:- requiring certain information to be communicated to customers in auto enrolment

schemes;- requiring that individuals be given proof of their cover even if they are not thedirect policyholder; or- placing conditions on the conduct of third parties entering into an insurance

contract on behalf of group members.

Observed response(s) to the indicated issues:•

Chinese regulation requires the issuing of simple insurance certificates to all endcustomers which should contain necessary information, such as the name of theapplicant, the name of the insured, the name of the beneficiary, the type of theinsurance, the name of the insurance, the sum insured, the period of insurance, thepremium for each period, the date of payment, the coverage and exclusions, theaddress of the insurer and the details of customer service hotline, etc.

•

A number of countries, for example Uganda and Brazil, require clear
communication (verbally and/or in writing) to the customer on the identity of theunderwriter where policies are branded under the name of the distribution partner.

•

An increasing number of countries are referring in regulation to third
parties/aggregators and their role and responsibilities in contracting.

•Pakistan and South Africa impute a direct relationship between the insurer andinsured, irrespective of whether there is a third party master policyholder. This
includes imputing an uninterrupted insurance contract between the insurer and theinsured, irrespective of the content of the intermediate agreements between theparties involved (such as a group administrator and the insurer).

Non-face-to-face / remote contracting. In inclusive insurance business models, anoffer is often made without the customer having been in the physical presence of anintermediary that can verify their details. For example: customers may buy a standard policy“coupon” 69 whereby the premium payment is regarded as the proposal or offer. Either theirfirst premium payment, or a subsequent recorded conversation with a call centre agent, is thenregarded as the offer. In other models, customers may sign up for insurance telephonically,
109.

69 Any standardised insurance contract that a person buys “off the shelf”, without the cover and terms being

tailored to the specific policy holder. Such insurance products take on different forms: in South Africa, forexample it’s often sold as a policy card that is packaged much like a mobile phone sim card starter pack, in Brazil
it’s called a “ticket” or voucher. In some instances the policy is printed on a point of sales slip, or even, in an
example from India, on a bag of fertiliser.
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over the internet or via a mobile phone. In both instances, the customer does not sign aphysical insurance proposal.
110.

These elements give rise to the following considerations for supervisors:•

The allowed modes of electronic contracting and renewal and the corresponding risks
to be managed. For example: does there need to be a customer signature in hardcopy format? What alternatives can be considered (including biometrics, voicerecordings or electronic acceptance of terms and conditions)?

•

The format (hard copy or electronic) of policy proposals and other documents such as
marketing or pre-sale materials, post-sales materials, as well as any further
communications needed, e.g. regarding renewal, cancellation or premium changes.

•

Ways in which policies, coupons or certificates can be simplified to enable non-faceto-face contracting whilst ensuring adequate disclosure and customer protection.

•

The need for coordination with other authorities responsible for the development ofelectronic commerce legislation or for contracting law more broadly in countries whereclarity on the legal standing of electronic contracts is lacking.

•

How insurers and intermediaries store electronic records and the integrity of thesystem to ensure that records are not lost or used in an inappropriate way.

Observed response(s) to the indicated issues:
There are multiple examples of electronic commerce laws, internationally, covering,
amongst others, legal recognition of electronic contracts, electronic records and digital
signatures. Even in countries without explicit electronic commerce regulation (for example
Tanzania), electronic contracting is often implicitly allowed as long as the conditions forentering into a contract under contract or common law are met.
The Brazilian microinsurance regulatory framework allows digital signatures alongsideother contracting methods. As part of the requirements for remote means of contracting,there must be recognition of digital signatures on both sides of the transaction.
111.
Low money laundering and terrorism financing risk. The customer due diligence(CDD; also known as “know your customer” (KYC)) requirements implemented under antimoney laundering and combating the financing of terrorism (AML/CFT) regulation place a
direct burden on customer acceptance, as it prevents accountable institutions (which,depending on the specific jurisdiction, will include insurers) from entering into a business
relationship with a customer unless the customer has submitted certain documentation toallow identification and verification of their identity.
112.
Should these requirements be applied to insurance, many inclusive insurance target
customers will not have the requisite documents and could thus be denied acceptance.

International guidance, in the form of the Financial Action Task Force (FATF)
Recommendations and Special Recommendations and the 2013 FATF Guidance on Antimoney Laundering and Terrorist Financing Measures and Financial Inclusion 70, allows for arisk-based approach to be applied, with more stringent measures for higher risk andstreamlined requirements for lower risk customers and transactions – including low value life
insurance policies and products aimed at promoting financial inclusion. “In suchcircumstances, and provided there has been an adequate analysis of the risk by the country
113.

70 Available at: http://www.fatf-

gafi.org/media/fatf/documents/reports/AML_CFT_Measures_and_Financial_Inclusion_2013.pdf
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or by the financial institution, it could be reasonable for a country to allow its financial
institutions to apply simplified CDD measures.” 71
114.
Thus inclusive insurance markets confront regulators and supervisors with the need toassess the risks of money laundering and terrorist financing associated with different types of
products in order to determine a proportionate response to customer acceptance requirements(see the Application Paper on Regulation and Supervision Supporting Inclusive InsuranceMarkets for further details).

Another consideration is the need for inter-jurisdictional cooperation/coordination with
the Ministry of Finance and the financial intelligence unit to ensure that any measures adopted
on the insurance front are in line with the country’s overall approach regarding AML/CFT.

115.

Observed response(s) to the indicated issues:
A number of countries have implemented a KYC exemption or streamlined requirements
for certain types of low-risk insurance. For example: the Philippines stipulate relaxed KYC
requirements for microinsurance in compliance with the country’s Anti-money Laundering
legislation.

71 Specifically, the FATF recommendations only apply to life and investment-related insurance. Furthermore, therecommendations make it clear that there are circumstances where the risk of money laundering or terrorist
financing may be lower. Instances where this may be the case include life insurance policies where the premiums
is less than USD or EUR 1,000 per annum (or a single premium of less than USD/EUR 2,500), as well as“[financial] products or services that provide appropriately defined and limited services to certain types ofcustomers, so as to increase access for financial inclusion purposes”. Source: FATF, 2012. Interpretative Note to
FATF Reccommendation 10. Available at: http://www.fatfgafi.org/media/fatf/documents/recommendations/pdfs/FATF_Recommendations.pdf

The Application Paper on Regulation and Supervision Supporting Inclusive Insurance Markets confirms that
inclusive insurance products can generally be regarded as low risk, as: inclusive insurance tends to entail lowpremium, low-benefit products with frequent rather than one-off premiums. There is therefore a mismatch between
such products and the “transaction needs” of money launderers. Furthermore, the types of risks normally included
in inclusive insurance are not typically targeted for money laundering.
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3.5 Premium Collection
116.
To purchase insurance cover the policyholder needs to pay a premium. This can takethe form of a cash payment or payment using banks and modern digital means of payment.

In inclusive insurance there is the phenomenon of loyalty products, which are provided
to the customer free of a direct payment (often termed the “freemium approach”). Payment
comes e.g. from a MNO. Customers may also be offered the option to up-grade the “free”
product or migrate to a paid product. This could be helpful in a program designed to getcustomer groups acquainted with insurance and its mechanics which could enhance accessto insurance.
117.

118.
The reliance on cash in emerging market economies exposes the customers as well
as stakeholders to a variety of risks. Theft or misappropriation of cash may be assisted by the
suppression, falsification or destruction of accounting records, or where no initial records are
created at all. Payment systems can help to reduce loss or theft, which is a fundamental
drawback associated with cash. In particular, electronic payments free individuals of thoserisks and ensure the availability of funds when they are needed. However, electronic accounts,
whether on a card or mobile phone, must have sophisticated risk management systems inplace to secure against unauthorised use and enable deactivation in the case of loss or theft.
119.
In the following paragraphs the issues in respect of premium collection in inclusive
insurance are discussed divided into the categories:•

Use of bank accounts;•

Premium collection by agents and brokers;•

Involvement of aggregators in premium collection;•

Use of mobile phone technology in premium collection.

120.
Use of bank accounts. In conventional insurance the use of bank accounts for thecollection of insurance premiums is commonplace. This is much less a given fact in inclusive
insurance. Not everyone has a bank account from which (s)he can make payments. If a
policyholder does not have an account with a bank and needs to deposit cash to pay thepremium the bank could charge a fee that may exceed the amount of the premium. If thepolicyholder is in the possession of an account his / her bank may impose penalties in thecase of a deficit which may be caused by irregular income patterns of the policyholder.

Another issue is the availability of bank branches. Certainly in rural areas or certain
suburban areas there may be a shortage of bank branches for the account owners to use.
Sometimes this is resolved through the use of ATMs that can be used to deposit cash.

121.

Observed response(s) to the indicated issues:
The use of bank accounts for premium collections is very common in Brazil even forinclusive insurance; banks possess a substantial number of low income customers andsome of the large insurance companies belong to the same group of bank institutions.
Furthermore, the collection of insurance premiums could be made by correspondentbanks.
On the other hand, independent insurance companies may have difficulties to implement
premium collections through customer’s bank accounts since the fee charged for thisservice is sometimes higher than the insurance premium. The use of ATM and POS inretail locations to pay the insurance premium with a debit card is also an alternative.
The so called correspondent banks (CB) were created by Central Bank to take banking
services to the bankless population. Taking advantage of the appropriate environment
created by such legislation, SUSEP has set a rule allowing insurance distribution throughcorrespondent banks. Major banks in Brazil located their CB networks in lottery agencies,
post offices, retail establishments such as supermarkets, mini-stores, drugstores, gas
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stations, and so forth. As a great part of these CBs are located in poor areas, such asurban slums, various disadvantaged neighbourhoods and even remote rural locations, thesystem can provide poor people with many benefits in terms of access to banking services.
Premiums collection by agents and brokers. The number of agents and brokers
very often exceeds the number of insurers. That exacerbates challenges to inclusive insurance
markets in which the regulation of agents and brokers is rudimentary. When policyholders pay
premiums to agents and brokers it is essential that proof of payments exists and the payment
is correctly entered into the accounts of the agents / brokers and subsequently registered with
the insurer.
122.

123.
A different issue arises when the agent or broker defaults on its debts and subsequentpremiums collected from policyholders are not transferred to the insurer or credited as
payments received in the account held between agent / broker and insurer. To overcome thisrisk, sometimes by law any premium payment made to an agent / broker is considered to bemade to the insurer. 72 It is therefore important that the insurer has arrangements in place tooversee the finance and administration of the agent and brokers.

Involvement of aggregators. As described in section 2.3 and 3.2 aggregators play
an important role in the distribution of insurance in inclusive markets. Various parties likeretailers, utility service providers, MNOs and employers can serve as aggregators and be thepoint of sale for the insurance contract and manage other parts of the client relationship suchas premium and claims servicing. Since this category as such is conventionally not subject toany formal supervision from an insurance perspective the concerns mentioned in the previous
paragraphs on cash payment, proper administration and premium payment discharge areeven more pertinent. In these situations there can often also be less reliance on insurers toeffectively oversee these types of distributors if the latter dominate the relationship, access totheir numerous outlets is a challenge or proper control systems are not in place.
124.

Use of mobile phone technology. As described in section 2.4 the use of mobile
phones in insurance or mobile insurance is a well-known phenomenon in inclusive markets.
In respect of premium collection there are various issues worth mentioning. Mobile insurance
is a suitable way of premium collection that overcomes barriers in access to insurance as
payments can be made easily without any need for cash payments. However, sometimes cash
payments still need to be made to an agent or aggregator who then enters the payment into
their mobile phone for transfer to the insurer’s database. This creates considerations aroundcash management and receipt of premiums, as well as oversight over MNO agents collecting
premiums on behalf of insurers.
125.

Initially in mobile insurance the premium collection often took place by deduction of thepremiums from the airtime of the customer. As this turned out to deplete the airtime
considerably, and sometimes without the policyholder being aware of this, alternatives haveemerged in which separate e-money accounts are held with the MNO.

126.

127.
While mobile insurance can provide a helpful distribution model an important conditionis that the geographic area and telecom infrastructure should be such that there is connectivity
and mobile devices can be used or alternatively information can be stored on a device until
such time that the user can connect with the insurer’s information systems.
128.
As a consequence of the fact that mobile insurance developed as a loyalty programfor MNOs - and initially has often been offered for free – customers identify the MNO with theinsurer. This means that any business conduct of the MNO will also affect the insurer.
Reference is made to the EcoLife example in section 2.4.

72 Similarly, payment of a claim by the insurer will only be considered to be made to the policyholder if the latterhas actually received the sum.

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3.6 Claims Settlement 73
129.
An efficient and expeditious claims settlement process is generally an importantfeature for an inclusive insurance product that adds value to the inclusive insurance customer.
The reason for this is that very often the insurance covers the basic needs of existence andincome (health, crop, livestock, equipment, workshop, death, disability) and claims need to beprocessed and paid expeditiously to avoid a further decrease in income or sales of assets tocover expenses.
130.
Also the importance of the claims settlement performance should be mentioned.
Unfair claim rejections and unnecessary procrastination in payments of claims could in
traditional insurance markets give cause to lawsuits. However, inclusive insurance
policyholders can hardly afford to pay a lawyer and therefore, in practice, cannot legally
enforce payment. Such practices can damage policyholders’ confidence and the inclusive
insurance market’s credibility.
131.
In this section issues for insurance supervisors arising from claims settlement ininclusive insurance will be further discussed in the following categories:•

The process of claims settlement;•

The documentation requirements;•

The nature of the compensation.

132.
The process of claims settlement. Claim processes and costs must already beconsidered in the product development stage. A simplified product design will greatly enhance
the claim process. A great number of exclusions means a more complex settlement process
and can cause a high claim rejection rate. To facilitate the claim settlement of inclusive
insurance products and its understanding by the policyholder, the products should be as
simple as possible, with standardised policy wording, limited exclusions and minimum
document requirements.
133.
In view of the inclusive insurance customer’s interest in an expeditious claim settlement
it is important that the insurance contract establishes a deadline for the payment of theinsurance as well as imposes limits for additional documentation in order to overcome lengthy
procedures.
134.
In assessing the claim payment, the insurer will take into account the kind of insurance
contract and the type of insurance coverage. Group insurance policies may be issued throughan employer, bank, credit agency, or other professional or social organisations, and they often
pay benefits in specific circumstances. Sometimes the payment in case of group insurance
policies is not made directly to the beneficiary as in the individual policy. The payment canalso be made through the policy administrator which could result in claim delays. In this sense,
each situation must be analysed by the insurer before adopting an indemnity payment model.

Products such as index insurance 74 require different approaches as well. Dependingon the type of product the pay-outs in index insurance can be made promptly – a feature that
reduces or avoids sales of assets. This is the case in weather-based index or satellite-based
index insurance for crop or grassland insurance. The draw-back of these types is howeverthat the mechanics are difficult to understand and the policyholder fails to grasp the rationale
for the claims settlement. In both cases there is also a basis risk which is the potential
difference between the actual loss and the loss determined by the index (e.g. related to acertain crop yield). Depending on how the basis risk affects the payment to the customer it
may turn out to be either detrimental to the confidence in insurance (if a claim is denied

135.

73 Also see paragraph 96 onwards of the Issues Paper on Conduct of Business Risk and its Management

74 Index insurance is insurance that is linked to an index, such as rainfall, temperature, humidity or crop yields,

rather than actual loss.

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although a crop is damaged) or remove the incentive to save the crop if payment is expectedanyway.
136.
Using new technologies may also contribute to the efficiency of the insurance pay-out
process. In some countries, insurance companies are introducing the use of mobile phone
technology in the enrolment and claim processing of livestock insurance products, which
provides cover in case of death of the cattle due to accident, disease, fire or flood. Mobile
technology is being used to reduce transaction costs, processing time, and improve service tocustomers. In the new enrolment process, details and photographs of the enrolled animals
and information on beneficiaries will be captured on a mobile phone and relayed directly to acentral server for “instant” enrolment and policy issuance. Similarly, for claims settlement,
photographs of the animal with the ear tag containing the relevant details will be transmitted
on the phone instead of the current transfer of physical documents. This process change is
expected to reduce claim settlement time, costs and fraud. As a result, money can be provided
to farmers when they need it the most, thus enhancing customer value of the product.
137.
Innovative delivery channels for payment of claims on behalf of the insurer are an
important tool to expand the reach of the insurance market and facilitate active sales. However
it is important to consider the delivery channel cost for the insurer and to note that even though
the insurer pays an intermediary promptly, this does not mean that customer can get insurancecompensation in an equally timely fashion.
138.
Ratio analyses are useful tools to measure performance of insurers provided theinformation is properly analysed, for example the time to payment and loss ratios. Low claim
ratios indicate a (considerable) imbalance between paid-out claims and premium-income. This
could indicate low value and/or low claim behaviour by customers, in particular when
considering that the inclusive insurance market generally consists of first-time insurance users
unaccustomed with using insurance to mitigate household risks and safeguard incomes. An
excessive claim rejection rate might indicate that either the product is too complex, theunderwriting is inadequate, the claim’ procedures are too difficult, or some combination
thereof. In any case, it should cause the supervisor to require an insurer to undertake an
investigation into the causes of irregular ratios 75.
139.
The documentation requirements. An additional issue is the type of documentation
required to provide proof of loss in the case of an event. The cost and difficulties in obtaining
documents required by the insurer will also affect the claims settlement process and outcome.
For example, requiring an autopsy report in case of death can be a serious impediment. Also,
requirements for complex and expensive health exams could make the indemnity impossiblefor inclusive insurance customers. The enhancement of inclusive insurance therefore calls forthe establishment of proportionate document requirements. Established simplified documents
for each type of coverage (e.g. simplified claims form) will make the claim settlement more
efficient and the process more understandable and transparent for the insured. Also, otherforms of evidence should be taken into consideration such as a statement from a community
leader, police report, hospital report etc.
140.
The nature of the compensation. Another aspect relevant to claims settlement ininclusive insurance is the type of compensation offered, in particular of an in-kind nature which
can for instance be the case in funeral insurance and medical health insurance. As indicatedin section 3.1 benefits-in-kind in funeral policies may benefit the customer as (s)he is not
required to organise some or any funeral services. However, in-kind compensation for funeralinsurance might not be suitable if the insured has migrated. In some situations funeral

75 The Centre for Financial Regulation and Inclusion- Microinsurance in Brazil

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insurance sold through a funeral service provider will have entitlement to monetarycompensation in case of migration or the need to move away from the original village for burial.
141.
Claims management in health microinsurance is particularly challenging because
effective health insurance requires the availability of efficient and accessible health services –be it publically or privately provided – and is subject to the complexities of the underlying healthfinancing environment and the relationships and service level agreements between insurers
and service providers. Most developing countries suffer from highly deficient health services.
Where health services are unavailable or deficient, it undermines claims settlement anddirectly impacts the feasibility of expanding health insurance to a particular region.

Observed response(s) to the issues identified:Standardised policy wording, limited exclusions and minimum document
requirements
In Brazil, the coverage wording, documents requirements and risk exclusions of all
microinsurance products are standardised by legislation. This can facilitate a common
understanding of product features and a general growth of the insurance culture among
the low-income population, which in turn is aimed at facilitating claims settlement
Terms for claims settlement
According to the legislation of some jurisdictions, the time limit for inclusive insurance
claims settlement may be up to three times lower than traditional insurance. In somecases, late payment is subject to an interest rate. In India any delayed claim is subject toan interest rate of 2%. In Brazil indemnities are subject to updating values besides interest
and penalty on late payments.
Peru: claims must be paid within 10 days
Ghana: claim to be accepted or rejected within 7 days of being submitted and, if accepted,
paid within 10 days of the receipt of the claim.
Mexico: Claims should be paid within five working days
South Africa (proposed): All valid microinsurance claims should be paid within a period of
48 hours after the insurer received all the requisite documentation, with the qualificationthat claims may be paid in instalments if this was provided for in the contract.
Philippines: Insurance Memorandum Circular 1-2010 requires that claims for a
microinsurance contract must be settled within 10 working days of receipt of complete
documents by the provider. In addition, Circular 5-2011 requires microinsurance providers
to report their claims settlement times (relative to the 10 days benchmark) to thecommission as one of a set of standard performance indicators for microinsurance.
Remote / electronic payments
In Brazil the new microinsurance rules require that insurers using remote means include
in the claim management process procedures such as: the evidence of the authorshipand integrity of contractual documents forwarded by the insurance company; the correct
identification of the policyholder and its beneficiary, ensuring the authenticity and integrityof their data and personal information; the validation of the receipt confirmation of
documents and messages sent by the insurance company to the policyholder andbeneficiary.

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3.7 Complaints handling
142.
According to ICP 19 the supervisor requires that insurers and intermediaries havepolicies and processes in place to handle complaints in a timely and fair manner 76. The rightto complain and any arrangements for handling policyholders' complaints, including an
insurer’s internal claims dispute mechanism or the existence of an independent dispute
resolution mechanism should be disclosed by the insurer or intermediary 77.

The typical policyholder of an inclusive insurance policy is often not or not sufficiently
aware of steps to take if treated unfairly by the insurer, or in other words is unable to use
complaints-handling and dispute resolution mechanisms. He / she often has limited knowledge
about the legal rights and obligations arising from an insurance contract.

143.

144.
It is essential that the inclusive insurance customer is aware, understands and canmake effective use of the existing internal and independent dispute resolution mechanisms.
The latter means that the customer has access to simple, affordable, transparent, timely,
equitable and impartial complaints-handling and dispute resolution mechanisms.
145.
Certain challenges can arise in respect of the implementation of complaints-handlingmechanisms in inclusive insurance markets. Firstly, complaints-handling mechanisms may be
expensive to maintain. Secondly, they may not be easily accessible for the low-income
segment. Travel cost and time spent may be exorbitant compared to their salaries. For thisclient type, adequate and accessible complaints handling mechanisms are important. A webbased system may have limitations. Thirdly, sometimes parts of the insurance sector are notformalised and are therefore not regulated and supervised. This limits the scope for ensuringthat there is an adoption and implementation of complaints-handling processes.

Observed response(s) to the issues identified:

In The Philippines, the Microinsurance Regulatory Framework (2010) adopted by the

Insurance Commission (IC) establishes that complaints involving microinsurance must be
acted upon within 5 working days from filing the complaint and a resolution reached within
45 working days from the time the case is submitted for final resolution. In Peru, themicroinsurance regulation issued by the Peruvian Supervisor (SBS), establishes thatmicroinsurance complaints must be resolved within 15 days. In Pakistan, the Securities
and Exchange Commission of Pakistan (SECP) approved in 2014 the “SECP
Microinsurance Rules”. These indicate that all microinsurance-related complaints shouldbe acted upon within 5 working days from the filing of the complaint. A resolution must be
reached within 25 working days.
Customer awareness of redress options: The proposed microinsurance regime in South
Africa includes the requirement that complaints-handling lines and ombudsman details be
clearly stated in the policy summary. The SECP Microinsurance rules of Pakistan, provide
the insurer’s and the insurance ombudsman’s contact details to the microinsurance
policyholder at the beginning of the contract.
Internal complaints-handling mechanisms: In some countries, such as in Colombia,
Peru, Brazil, Pakistan and Kenya, insurers are required to maintain internal complaint
mechanisms. The SECP microinsurance draft rules highlight that insurers must ensure thatmicroinsurance policyholders “have a recourse avenue that is effective andstraightforward”. To do so, insurers must make themselves easily accessible topolicyholders and must set up effective internal complaints-handling mechanisms.
Tanzanian draft regulation stipulates that “[the] insurer shall determine and disposecomplaints from microinsurance policyholders with speed and promptitude.”76 Standard 19.10

77 Guidance 19.5.14

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The Integrated Grievance Management System (IGMS) – A grievance redress
monitoring tool for the IRDA in India: The IRDA created an online customer complaints
registration repository, which allows policyholders to register and track the progress of theircomplaints. All insurers in India have integrated their online complaint logging systems with
the IGMS, which is kept by IRDA. In this way, a complaint registered through IGMS willflow to the insurer's system as well as to the IRDA.
CONDUSEF – An external complaint-handling mechanism in Mexico: In Mexico, theComisión Nacional para la Protección y Defensa de los Usuarios de Servicios Financieros(the National Commission for the Protection and Defence of Financial Service Customers- CONDUSEF) has two mandates: to provide financial education and to provide a forum toadvise on and resolve the complaints that financial customers make against financial
institutions. The CONDUSEF publishes complaints statistics on its website.
Complaints recording in Colombia: In Colombia, the financial supervisory authority(Superintendencia Financiera - SF) publishes complaint statistics on its website on amonthly, quarterly, biannually and yearly basis. In doing so, the SF consolidates thecomplaints filed not only with it, but also with any supervised entities and the ombudsman.
The statistics are organised by sectors, supervised entities and reasons. In addition, theSF also publishes statistics providing information about how the complaint was resolved
and whether it was decided in favour of the customer or not.
Dispute resolution
The Alternative Dispute Resolution for Microinsurance (ADReM) in The Philippines:
In July 2013, the IC adopted the ADReM which embraced mediation and conciliation as its
preferred methods of dispute resolution. The applicable guiding principles to ADReM are:subsidiarity; procedural fairness; empowerment and self-determination; effective
communication and reconciliation. The mediation-conciliation processes in microinsurance
must follow the following parameters: lowest cost, accessibility, practical (appropriate forthe microinsurance sector), effective and provided in a timely manner. There are different
guidelines for the implementation of ADReM depending on the risk carrier; whether
commercial insurance companies, Cooperative Insurance Societies (CIS) or Mutual
Benefit Associations (MBA). In any event for all of them, the governing principles are
confidentiality, competence, impartiality, consent and self-determination and theenforcement of any settlement agreement. Insurance companies, CIS and MBA must
promote the use of mediation and conciliation amongst their policyholders in respect ofdisputes which arise from denied claims or those which are not fully paid within 10 working
days. Commercial insurers, CIS and MBA must provide information on the outcome ofcases referred to ADReM in their annual statements.
The insurance ombudsman in Peru: The insurers association of Peru, APESEG, hascreated a collegiate body which acts as an insurance ombudsman (the “Defensoria delAsegurado”). In order to have jurisdiction, the claims’ threshold is up to a maximum of US$
50,000. Any decisions are binding on insurance companies but are not binding on
customers. Statistics on dispute resolution are available in its annual reports; however, thenames of the relevant companies are not mentioned.
The ombudsmen in some countries in Africa: Swaziland has recently established aninsurance adjudicator and Tanzania and Zambia have indicated that they are in theprocess of establishing an industry ombudsman.
The scope of the insurance ombudsmen in India: India has insurance ombudsmen indifferent states who conduct such “village programs” where they visit areas to offer aservice of this kind to complainants. Small complaints arbitration process in El
Salvador: Article 136A of the customer protection law provides an expeditious and freearbitration procedure in cases where the amount of the complaint is less than US$ 3,000.
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The three-man arbitration tribunal in Nigeria: The guidelines for microinsurance
operators of the National Insurance Commission (NIC) of Nigeria adopted arbitration as
the preferred method for resolving disputes arising in respect of microinsurance in 2013. If
it is not possible to resolve a dispute through arbitration, the case will be referred to the
NIC for adjudication.
Online dispute resolution – the way forward? Even though there is no evidence thatODR 78 is currently being used in emerging insurance markets as a mechanism to settle
disputes, there are some examples in certain developing countries where electronic
communications and ICT has been used to provide legal advice and in some cases for
dispute resolution. For instance, in Kenya, a pilot using a hybrid system based on
SMS/online mechanisms has been launched by HiiL Innovating Justice, Kituo Cha Sheria
and Space Kenya under the name of “M-sheria”. Users send a legal question to M-sheria(free of charge) by SMS. The question is then answered directly by SMS and it is also
published anonymously on the M-sheria website. Given that mobile phones and other ICT
are increasingly involved in the provision of insurance in emerging insurance markets,
there is clear potential for also using such platforms for ODR-related to insurance.

78 According to the draft rules on online dispute resolution for cross-border electronic commerce transactions of the

UNCITRAL, On Line Dispute Resolution (ODR) is defined as “a mechanism for resolving disputes facilitatedthrough the use of electronic communications and other information and communication technology”.

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4. Conclusions and Recommendations
146.
Conduct of business supervision in inclusive insurance aims to ensure a suitableconduct of business by insurers in order to protect the interests of inclusive insurance
customers. As these customers are often first time users of insurance, it is essential toestablish and maintain their confidence in the insurance industry.
147.
A deep and comprehensive understanding of inclusive insurance aspects and contract
lifecycle stages will support supervisors in complying with ICP 19 on Conduct of Business,since they must set requirements for the conduct of business of insurance to ensure that
customers are “treated fairly, both before a contract is entered into and through to the point at
which all obligations under a contract have been satisfied”.

Given the differences between inclusive insurance markets and their customers andconventional insurance markets, new challenges arise which need to be considered byregulators and supervisors when designing and implementing inclusive insurance conduct ofbusiness supervision in their jurisdictions.

148.

149.
When it comes to providing an adequate level of customer protection throughconduct of business supervision, the particularities and characteristics of each jurisdiction’s
insurance sector needs to be taken into account. These include the level of financial educationof the population, supervisory enforcement powers, functioning of the court system, existence
and operations of customer protection institutions, the level of market development and theexistence of alternative dispute resolutions mechanisms among others issues.
150.
Customers’ protection concerns apply at all stages of the product lifecycle, thus are
relevant during: product development, distribution, customer acceptance, disclosure of
information, premium collection, claim settlements and complaints handling. Thoseshould be considered both by regulators, when issuing the relevant legislation, andsupervisors, in monitoring activities, in order to assure appropriate conduct of business forinclusive insurance purposes.
151.
It is important that there is sufficient attention paid to customer value in inclusive
insurance markets 79. This should include avoiding the launch of products that have little value
to the inclusive insurance customer and emphasising financial education initiatives aimed atensuring a good understanding of insurance contracts by customers. Supervisors should
consider their role in ensuring customer value for example through monitoring or reporting
mechanisms and addressing any concerns as part of their conduct of business mandate.

The use of a variety of intermediation channels and the presence of a variety of actors
fulfilling different functions in the value chain, including aggregators, brokers/agents andadministrators in inclusive insurance business models cannot be ignored and should not be
discouraged given the important role they can play in increasing access to insurance; however
it is important that they are included in the regulated insurance sphere and that conduct ofbusiness considerations are applied. Of particular note here is the increasing influence ofdigital financial inclusion especially via mobile phones. Therefore, the main features of new
business models should be closely monitored including the risks posed by new technologies,
and supervisors should ensure that these risks are being well managed, and develop
appropriate supervisory strategies.
152.

Payments are also a crucial subject for consideration by regulators and supervisors
interested in developing safe and efficient inclusive insurance markets. It concerns bothpremium collection and payment of claims processes. Also in this area the level of customers’
financial access and the complexity of the risks that the population in emerging market
economies is exposed to should be considered.

153.

79 See paragraph 5.

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The claim settlements processes should furthermore be well regulated and closely
monitored, since their efficiency and effectiveness could affect the confidence in the insurance
market and therefore inclusive insurance policy objectives.
154.

155.
Finally, supervisors should seek the appropriate balance when implementing the mostsuitable regulatory approach. Requirements and rules should be based on the principle ofproportionality, considering each jurisdiction’s context and national strategic objectives, withadaptations made to ensure that the needs of inclusive insurance customers can be mostappropriately addressed and their interests adequately protected.

The establishment of agreements and arrangements with relevant supervisory
authorities and customer institutions can be a useful instrument for ensuring customers areadequately protected. In particular this need may arise if multiple authorities have
responsibility in the area of customer protection and conduct of business supervision is
fragmented.
156.

Acknowledgements
157.
This paper has been drafted on the basis of the collective knowledge and experienceof various partners working in the area of inclusive insurance and access to insurance. The
input of the regulators and supervisors was provided through the Financial Inclusion Working
Group of the IAIS. The A2ii 80 and the Microinsurance Network 81 arranged the contributions
from the perspective of practitioners which includes the knowledge and insights from thecountry diagnostics conducted under the aegis of the A2ii which were synthesised by theCentre for Financial Regulation and Inclusion (Cenfri) and used to inform the development of
this paper.

80 www.access-to-insurance.org.

81 www.microinsurancenetwork.org

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Annex - Background information on risks relating to thebusiness models
Each risk is the result of a number of factors or drivers relating to the nature of the businessmodels and the context within which they develop. The table below lists and describes thedrivers that lead to the six distinct types of risk. With the exception of prudential risk, theserisks are part of the overarching concept of conduct of business risk. To enable a better
understanding of the nature and impact of risks to consumer protection in the inclusive
insurance space and as these risks are the result of different risk drivers found in inclusive
insurance market contexts these risks have been defined as subsets of conduct of businessrisk.
Table 1. Business model risks 82
Type of risk

Drivers

Prudential risk - Risk that
insurer is not able to keep
its promises & deliver the
benefits to thebeneficiaries.

1. Capacity (risk management capacity, financial
management capacity, product design capacity, etc.)of the underwriter - which leads amongst others to thedesign of inappropriate products
2. Lack of supervision of the underwriter - which can becaused by the informality of the underwriter (it is notlicensed and therefore not subject to supervision), or
the lack of capacity of the supervisor
3. The underwriter is too small, particularly in relation to
the size of the risk pool
4. The underwriter has inadequate corporate governance
5. Lack of actuarial data for the particular target market
to enable sound pricing.
1. Disproportionate bargaining power between insurer
and aggregator where the latter owns the customers
through a prior business relationship (includes
situation where aggregator gives access to customer
base on an exclusive basis to one insurer); need forbrand protection can act as mitigating factor.
2. Bargaining power of the aggregator vis-a-vis thecustomer is inserted in the purchasing decision
between the insurer and the customer - especiallyprevalent in credit
3. Financial risks and interests of the aggregator, e.g.
credit risk, risk of product deficiency
4. Contractual relationships between the insurer andaggregator and insured
5. Limited availability of mass distribution channels in aparticular market
1. Sales persons have insufficient knowledge and skills
to sell insurance products of the kind sold to the target
market2. Incentives for the salespersons are misaligned with
the interests of the customer, for example: there is no
incentive to ensure policy renewals (such as up front
commissions only); the commissions are capped at alevel that discourages sales effort; or the incentives

Aggregator risk - The riskof reduced customer value
and inappropriate products
being sold to customers
when an insurer accesses
the aggregated customer
base of a non-insurance
third party to sell its
products through thatchannel.

Sales risk - Risk that thesalesperson will
misrepresent the productto the customer or sell a
product that the customer
does not need

82 Source: synthesised from cross-country synthesis exercise across diagnostic studies to date (A2ii 2013, forth-coming)Issues Paper on Conduct of Business in Inclusive Insurance
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Type of risk

Policy awareness risk Risk that the insured is notaware that he or she has
an insurance policy and istherefore unable to lodge aclaim, should the risk event
occur. (A higher risk exists
in the case of embedded
products and public policy
initiatives.)
Payment risk - Risk thatthe premium will not reachthe insurer, that thepremium will not be paidon the due date or that thecost of collecting thepremium isdisproportionate
Post-sale risk - Risk that
customers face
unreasonable post-salebarriers to maintain theircover, change products,
make enquiries, submit
claims, receive benefits or
make complaints

Drivers

3.
1.
2.
3.

are to sell the product or service in which theinsurance is embedded (such as credit) rather than
the insurance product.
Inadequate accountability of sales persons
Absence of a specific sales action, for example in thecase of automatic enrolment for a publicly funded
insurance benefit or a loyalty-type insurance product.
“Tick box” sales process, for example with embedded
products.
Low level of financial literacy on the side of thecustomer.

1. Presence of an intermediary between the insurer andaggregator or customer who can delay payment of thecollected premium to the insurer or neglect to makethe payment at all.
2. Seasonal or irregular income of customers whichcause them to miss monthly or other set dates forpayment of premiums.
3. Mandatory payment system requirements that apply to
premium collection, for example that it has to be paid
through a bank.
1. Customers with limited knowledge and experience of
insurance.
2. Lack of reasonable access to the insurer or theintermediary after the sale (low-income customers
prefer personal contact - a person or a branch to go
to).
3. Faceless insurers (from the customer’s perspective)
who underwrite policies distributed by third parties.
4. Unscrupulous insurers, notably in countries withcompulsory insurance, coupled with inadequate
supervision.
5. Manner in which group underwriting is done, notably
when there is selective non-renewal of cover by
insurers.
6. Incidence or past history of monopolistic insurance
provision.
7. Risk can also come from the community, for example
where there are cultural fears of autopsy and theinsurance company requires an autopsy report to pay
the claim on a life policy.
8. Unreasonable requirements from insurers to submit
claims.

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The specific characteristics of each of the business models, such as the number of entities
involved in the value chain and each player’s specific incentive structure, lead to different risks
being more prevalent in different models – though each of the types of risks is likely to bepresent in some way in most models. The following matrix illustrates the risks particularly
associated with each business model:
Table 2. Business model risk matrix 83
Prudential
risk
Individual sales
Proxy sales forces
Compulsory sales
Group decisions
Local self-help
Auto enrolment
Passive sales
Service-based
sales

X
X

X

Aggregator Sales
risk
risk
x

x
x

x

x
x

PolicyAwareness
risk
x
x
x

Payments Post
risk
sales
risk
x
x
x
x
x
x

x

x
x

83 Source: cross-country synthesis exercise across diagnostic studies to date (A2ii 2013, up-coming)

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