Role of Surveyors--------------& Laws.

[Ashok Kumar Singh.]

Respected all,

(Request:- Just only views nothing else. Do not take it as otherwise)

I am sharing some my feelings on Surveyors,  with appropriate laws as per Surveyor Regulations 2015.

1. It is tough to proceed with truth & right insurance laws, practices in Surveying field.  Although Surveyor is a independent person. But most of the time he is dependent on insurers for his earnings for survival. If he does not obey the instructions of Insurers then they will not allot the survey jobs to him. It is a type of exploitation. 

 

{One Representative of insurer had gave instructions for motor od claims for Zero Dep Policy------------to apply 50% dep for Sealant kit (In windscreen glass replacement cases). Without logic, without policy wordings.}.

2. It is true, we have need of right knowledge programs, we have need of knowledge of basic insurance principles, Legality of contracts & meanings of contracts, Study of different type of policy contracts. Most important we have need of proper knowledge of Duties & Responsibilities of Surveyor & Loss Assessors & Code of Conduct as per Surveyor Regulations 2015.

3.Some times some Representatives of Insurers behave like a King with us & they think that we are the Followers. They give the instructions / orders about assessments.

4.Most of the time, we give more attention to satisfy only the insurers in claims matter.

5. Lesser knowledge, Greedy nature, Expenses for family survival, are root cause of Exploitation. 

6.Lack of unity among the Surveyors is also a important root cause.

7. There is no support in fraternity to handle the problems or oppose the wrong practices. You will find yourself alone to handle the situation.

(Sometimes before, a Representative of Insurer on telephonic discussion, was saying me to de-panel my name from his insurance office. I interrupted him, & asked, were you giving me threatening, he replied--Yes. (Although warning & threatening are two different meaning words)  

           

        

Q. Who is a Surveyor and Loss Assessor ? Answer:-
A surveyor and loss assessor is an insurance intermediary licensed by IRDAI to investigate, manage, quantify, validate and deal with losses (whether insured or not) arising from any contingency, on behalf of insurer or insured and report thereon and carry out the work with competence, objectivity and professional integrity by strictly adhering to the code of conduct stipulated under the Law/Regulations.

General Insurance-- Surveyor & Loss Assessors:-

Regulation 12 of the IRDAI (Insurance Surveyors and Loss Assessors) Regulations, 2015 mandates appointment of Surveyors and Loss Assessors either by Insurance or Insurer to assess loss under a policy of Insurance in respect of 

(a) Motor Insurance - above Rs. 50,000/- 

(b) other than Motor Insurance above Rs. 1,00,000/-.

Further the required qualification to become surveyor has also laid down in Annexure-I of schedule I of the above said Regulation. A surveyor & Loss Assessor shall assess losses of only those departments which are specified in his/her license. IRDAI (Insurance Surveyors and Loss Assessors) Regulations, 2015 The enactment of IRDA Act, 1999, authorized IRDAI to licence eligible persons to act as Surveyor and Loss Assessors (SLA). IRDAI framed the (Insurance Surveyors & Loss Assessors) Regulations, 2015 under powers vested under Section 42D, 42E, 64 UM and 114A of the Insurance Act, 1938 and section 14 and 26 of IRDA Act, 1999.

The said regulations also specify the Duties and Responsibilities & Code of Conduct for surveyors licensed by IRDAI. The Code of Conduct specifies the professional and ethical requirements for conduct of their professional work.

Licenses are issued to both individuals and 

firms/companies to act as Surveyor and Loss Assessors. 

There are eight areas in which surveyors could be 

licensed to work, depending on their qualifications. 

These are Fire, Motor, Miscellaneous, Engineering, 

Marine cargo, Marine Hull, Loss of Profit and Crop 

Insurance.

Q. What is the need to engage an Insurance 

Surveyor?

Answer:- 

The need for the engagement of a surveyor is for assessing the loss/damage suffered without any bias or prejudice and by a professional/expert in the field.

Q. If the surveyors are appointed by the insurance 

company, do they favour insurance 

companies?

Answer:- This is a false notion that surveyors are the representatives of insurance companies and so they favour insurers. A surveyor and loss assessor shall act impartially and maintain confidentiality, neutrality without jeopardizing the liability of the insurer and the claim of the insured.

Q. Is the loss amount assessed by surveyor binding on insurer/s?

Answer:- No. The insurers are not bound by the loss amount assessed by the surveyor. The insurer has the right to pay or settle any claim at any amount different from the amount assessed by the appointed surveyor.

CHAPTER IV

DUTIES AND RESPONSIBILITIES OF A SURVEYOR AND LOSS ASSESSOR.

13. It shall be the duty of every Licensed Surveyor and Loss Assessor to investigate, manage, quantify, validate and deal with losses (whether insured or not) arising from any contingency, and report thereon to the insurer or

insured, as the case may be., All Licensed Surveyors and Loss Assessors shall carry out the said work with competence, objectivity and professional integrity and strictly adhere to the code of conduct as stipulated in these

Regulations.

(1) The following, shall, inter alia, be the duties and responsibilities of a Surveyor and Loss Assessor:-

(a) declaring whether he has any interest in the subject-matter in question or whether it pertains to any of his

relatives, business partners or through material shareholding; Explanation: For the purpose of this clause ‘relatives’ shall mean any of the relatives as defined in Subsection (77) of Section 2 of the Companies Act, 2013;

(b) Bringing to the notice of the Authority, any change in the information or particulars furnished at the time of issuance of license, within a period not exceeding fifteen days from the date of occurrence of such change, that has a bearing on the license granted by the Authority

(c) maintaining confidentiality and neutrality without jeopardising the liability of the insurer and claim of the insured;

(d) conducting inspection and re-inspection of the property in question suffering a loss;

(e) examining, inquiring, investigating, verifying and checking upon the causes and the circumstances of the loss in question including extent of loss, nature of ownership and insurable interest;

(f) conducting spot and final surveys, as and when necessary and comment upon franchise, excess/under insurance and any other related matter; 

(g) estimating, measuring and determining the quantum and description of the subject under loss;

(h) advising the insurer and the insured about loss minimisation, loss control, security and safety measures, wherever appropriate, to avoid further losses;

(i) commenting on the admissibility of the loss as also observance of warranty conditions under the policy contract;

(j) surveying and assessing the loss on behalf of insurer or insured;

(k) assessing liability under the contract of insurance;

(l) pointing out discrepancy, if any, in the policy wordings;

(m) satisfying queries of the insured/insurer and of persons connected thereto in respect of the claim/loss;

(n) recommending applicability of depreciation, percentage and quantum of depreciation;

(o) giving reasons for repudiation of claim, in case the claim is not covered by policy terms and conditions;

(p) taking expert opinion, wherever required;

(q) commenting on salvage and its disposal wherever necessary.

(2) A surveyor or loss assessor whether appointed by insurer or insured, shall submit his report to the insurer as expeditiously as possible, but not later than 30 days of his appointment, with a copy of the report to the insured

giving his comments on the insured’s consent or otherwise on the assessment of loss. Where, in special circumstances of the case, either due to its special and complicated nature, the surveyor shall under intimation to the insured, seek an extension, in any case not exceeding six months from the insurer for submission of his report.

(3) In cases where the Survey report is pending due to non completion of documents, the surveyor may issue the final survey report independently based on the available documents on record, giving minimum three reminders in writing to the insured.

(4) If an insurer, on the receipt of a survey report, finds that it is incomplete in any respect, he shall require the surveyor under intimation to the insured, to furnish an additional report on such incomplete issues. Such a request

may be made by the insurer within 15 days of the receipt of the original survey report. Provided that the facility of calling for an additional report by the insurer shall not be resorted to more than once in the case of a claim.

(5) The surveyor on receipt of this communication shall furnish an additional report within three weeks of the date of receipt of communication from the insurer.

CHAPTER VI

CODE OF CONDUCT

16. Every Surveyor and Loss Assessor shall-

(1) behave ethically and with integrity in the professional pursuits. Integrity implies not merely honesty but fair dealings and truthfulness;

(2) strive for objectivity in professional and business judgment;

(3) act impartially, when acting on instructions from an insurer in relation to a policy holder’s claim under a policy issued by that insurer;

(4) conduct himself with courtesy and consideration to all people with whom he comes into contact during the course of his work;

(5) not accept or perform survey works in areas for which he does not hold a license;

(6) not accept or perform work which he is not competent to undertake, unless he obtains some advice and assistance, as will enable him to carry out the work competently; 

(7) carry out his professional work with due diligence, care skill and with proper regard to technical and professional standards expected of him;

(8) keep himself updated with all developments relevant to his professional practice;

(9) at all times maintain proper record for the work done by him and comply with all relevant laws;

(10) assist and encourage his colleagues to obtain professional qualifications, and, in this behalf, provide free article ship and/or practical training for a period of twelve months;

(11) work only as Surveyor and Loss Assessor in insurance business and not undertake any business advisory or consultancy service or work which could give rise to conflict of interest;

(12) not perform any outsourced activity other than those permitted by the Authority’s Outsourcing Guidelines.

(13) maintain a register of survey work as specified in FORM-IRDAI-11, containing the relevant information, such as, details of insured, insurer, policy number, date of allocation of survey work, date of submission of survey report, amount of claims assessed, such fee details and shall keep important records of the survey reports, photographs and other important documents for a period of three years and furnish the same and such other specified returns, as and when called for by the Authority or by any investigating authority or the insurer. However, in case of litigation involving above information/ records/ documents/ photographs etc, the same shall be maintained till the conclusion of the litigation.

(14) acknowledge receipt of all monies received in connection with fee or remuneration received for carrying out survey work.

(15) disclose to all parties concerned his appointment, where the acceptance or continuance of such an engagement may materially prejudice, or could be seen to materially affect the interests of any interested party. As soon as a conflict of interest is foreseen, every Surveyor and Loss Assessor shall notify all interested parties immediately and seek instructions for his continuance;

(16) not disclose any information, pertaining to a client or employer or policy holder acquired in the course of his professional work, to any third party, except, where consent has been obtained from the interested party, or where there is a legal right or duty enjoined upon him to disclose;

(17) neither use nor appear to use, any confidential information acquired or received by him in the course of his professional work, to his personal advantage or for the advantage of a third party.

(18) shall undertake survey jobs in a company /firm only as an employee/ director/ partner.

(19) Every Surveyor and Loss Assessor who is an employee of an insurer shall only survey and assess the loss and not involve himself/ herself in settlement of claim.

(20) Comply with the provisions of AOA, regulations, and Code of Ethics framed by the Institute from time to time.  

(21) Comply with all the provisions of the Act, the IRDA Act, the Rules and Regulations made there under and other orders, directions and guidelines issued by the Authority from time to time.

Be Positive-------------------------

Thanks, with regards,

Ashok Kumar Singh.

Surveyor & Loss Assessor.

Greater Noida, U.P..

201308.

9891373920.

15.09.2017.

[Naresh Kukkar]

Dear Brother,

Good work done. Rules and regulations are there and made to follow. But our body is not strong enough and insurer push us to follow what they want. Unity is not there. Private players already give less work and Govt companies are diluting by going public.  So we have to stand up with unity so that rule of law can be maintained.   

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Naresh  Kumar Kukkar
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01638-254054
09814706491

[Ashok Kumar Singh.]

Respected all,

Just sharing,-

My one friend has been applying 50 % depreciation on Sealant kit (windscreen glass replacement cases) on New India Maruti tie up policy claims (for first 02 claims) under instructions / guidelines of insurers.


Is it the right practice?

Is it the right indemnification?

Is it the right role of Surveyor?


Is it as per Surveyor regulation s 2015?


Although insurance policy contract has no details of exclusions as limitations of only 50 % coverage for sealant kit (for first 02 claims)
.

Regards,

Ashok Kumar Singh.
Greater Noida U.P..
19.09.2017.

On Saturday, September 16, 2017 at 11:25:40 AM UTC+5:30, Ashok Kumar Singh. wrote:
> Respected all,
>
>
>
>
> (Request:- Just only views nothing else. Do not take it as otherwise)
>
>
>
>
>
>
>
>
> I am sharing some my feelings on Surveyors,  with appropriate laws as per Surveyor Regulations 2015.
>
>
>
>
>
>
>
>
> 1. It is tough to proceed with truth & right insurance laws, practices in Surveying field.  Although Surveyor is a independent person. But most of the time he is dependent on insurers for his earnings for survival. If he does not obey the instructions of Insurers then they will not allot the survey jobs to him. It is a type of exploitation. 
>  
> {One Representative of insurer had gave instructions for motor od claims for Zero Dep Policy------------to apply 50% dep for Sealant kit (In windscreen glass replacement cases). Without logic, without policy wordings.}.
>
>
>
>
> 2. It is true, we have need of right knowledge programs, we have need of knowledge of basic insurance principles, Legality of contracts & meanings of contracts, Study of different type of policy contracts. Most important we have need of proper knowledge of Duties & Responsibilities of Surveyor & Loss Assessors & Code of Conduct as per Surveyor Regulations 2015.
>
>
>
>
> 3.Some times some Representatives of Insurers behave like a King with us & they think that we are the Followers. They give the instructions / orders about assessments.
>
>
> 4.Most of the time, we give more attention to satisfy only the insurers in claims matter.
>
>
> 5. Lesser knowledge, Greedy nature, Expenses for family survival, are root cause of Exploitation. 
>
>
> 6.Lack of unity among the Surveyors is also a important root cause.
>
>
> 7. There is no support in fraternity to handle the problems or oppose the wrong practices. You will find yourself alone to handle the situation.
>
>
>
>
>
>
> (Sometimes before, a Representative of Insurer on telephonic discussion, was saying me to de-panel my name from his insurance office. I interrupted him, & asked, were you giving me threatening, he replied--Yes. (Although warning & threatening are two different meaning words)  
>
>
>
>
>            
>         
>
>

[Ashok Kumar Singh.]

Above message for Zero Depreciation Coverage policy.


Regards,

Ashok Kumar Singh.
Greater Noida. U.P..

On Saturday, September 16, 2017 at 11:25:40 AM UTC+5:30, Ashok Kumar Singh. wrote:

> Respected all,
>
>
>
>
> (Request:- Just only views nothing else. Do not take it as otherwise)
>
>
>
>
>
>
>
>
> I am sharing some my feelings on Surveyors,  with appropriate laws as per Surveyor Regulations 2015.
>
>
>
>
>
>
>
>
> 1. It is tough to proceed with truth & right insurance laws, practices in Surveying field.  Although Surveyor is a independent person. But most of the time he is dependent on insurers for his earnings for survival. If he does not obey the instructions of Insurers then they will not allot the survey jobs to him. It is a type of exploitation. 
>  
> {One Representative of insurer had gave instructions for motor od claims for Zero Dep Policy------------to apply 50% dep for Sealant kit (In windscreen glass replacement cases). Without logic, without policy wordings.}.
>
>
>
>
> 2. It is true, we have need of right knowledge programs, we have need of knowledge of basic insurance principles, Legality of contracts & meanings of contracts, Study of different type of policy contracts. Most important we have need of proper knowledge of Duties & Responsibilities of Surveyor & Loss Assessors & Code of Conduct as per Surveyor Regulations 2015.
>
>
>
>
> 3.Some times some Representatives of Insurers behave like a King with us & they think that we are the Followers. They give the instructions / orders about assessments.
>
>
> 4.Most of the time, we give more attention to satisfy only the insurers in claims matter.
>
>
> 5. Lesser knowledge, Greedy nature, Expenses for family survival, are root cause of Exploitation. 
>
>
> 6.Lack of unity among the Surveyors is also a important root cause.
>
>
> 7. There is no support in fraternity to handle the problems or oppose the wrong practices. You will find yourself alone to handle the situation.
>
>
>
>
>
>
> (Sometimes before, a Representative of Insurer on telephonic discussion, was saying me to de-panel my name from his insurance office. I interrupted him, & asked, were you giving me threatening, he replied--Yes. (Although warning & threatening are two different meaning words)  
>
>
>
>
>            
>         
>
>