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IRDAI Proposes Strict Rules to Combat Insurance Mis-selling by Banks

· · 3 min read

India's insurance regulator, IRDAI, has proposed 12 new practices to be treated as mis-selling of life insurance, particularly targeting banks that pitch policies as fixed deposits. These rules aim to protect customers from misleading claims about returns and liquidity.

The Insurance Regulatory and Development Authority of India (IRDAI) has released a consultation paper outlining new measures to curb the mis-selling of life insurance policies. These proposed rules, though not yet final, serve as a crucial warning for consumers purchasing insurance through banks and other distribution channels.

Distinguishing Insurance from Fixed Deposits

A primary concern highlighted by IRDAI is the deceptive practice of presenting insurance products as fixed-income deposits or guaranteed-return savings plans, especially when their actual returns are lower or merely comparable to traditional FDs. The regulator emphasizes that fixed deposits and life insurance savings products are fundamentally different, with varying liquidity, costs, and exit conditions.

For instance, a customer might walk into a bank intending to renew an FD, only to be pitched a life insurance plan by their relationship manager, promising superior returns and life cover. However, early surrender of such a policy can result in receiving only a fraction of the premiums paid, a stark contrast to the liquidity of an FD.

Key Mis-selling Practices Identified:

  • Misrepresenting as FDs: Selling insurance as a fixed-income deposit or pitching guaranteed-return insurance savings plans as bank deposits, particularly when returns are inferior or similar.
  • False Guaranteed Returns: Promising "assured returns" on participating policies or Unit-Linked Insurance Plans (ULIPs) when such returns are not genuinely guaranteed. Customers should always verify guaranteed benefits against projected or non-guaranteed returns in benefit illustrations.
  • Single-Premium Misrepresentation: Selling regular-premium policies as if they were single-premium products, leading to unexpected recurring premium demands for customers.
  • Unsuitable Sales: Selling regular-premium policies to individuals without a stable income or beyond their financial capacity.
  • ULIPs to Risk-Averse: Selling ULIPs to risk-averse or elderly customers without adequately explaining the inherent investment risks and charges.

The Cost of Early Surrender

IRDAI's paper underscores the significant financial implications of surrendering an insurance policy prematurely. Data cited indicates that a policyholder surrendering at the end of the first year might recoup only 31% to 64% of the premium paid, depending on the specific product. This stark difference from an FD's liquidity makes understanding surrender values critical before purchase.

Protecting Yourself: Essential Questions Before Buying

Before committing to an insurance policy pitched by a bank, consumers are advised to ask several critical questions:

  1. Is this product primarily insurance, an investment, or both?
  2. What exactly are the guaranteed returns or benefits?
  3. What amount will I receive if I decide to stop paying premiums early?
  4. What commission does the seller earn from this policy?
  5. Can I take the policy documents home to review them thoroughly before signing?

If you suspect a policy has been mis-sold, the "free-look period" offers an opportunity for early exit, subject to certain deductions. For older policies, complaints can be lodged with the insurer, followed by IRDAI's Bima Bharosa portal or the Insurance Ombudsman if the issue remains unresolved. The core message from IRDAI is clear: always read the fine print and do not rely solely on sales pitches, especially when an insurance policy is presented as a simple fixed deposit.

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