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Frauds in Insurance - 156531708
Frauds in Insurance - 156531708
1. INTRO TO INSURANCE
What Is Insurance?
breadwinner in your home, the loss of income that your family would
experience as a result of our premature death is considered a significant
loss and hardship that you should protect them against. It would be very
difficult for your family to replace your income, so the monthly premiums
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ensure that if you die, your income will be replaced by the insured amount.
The same principle applies to many other forms of insurance. If the
potential loss will have a detrimental effect on the person or entity,
insurance makes sense.
Insurance works by pooling risk. What does this mean? It simply means that
a large group of people who want to insure against a particular loss pay
their premiums into what we will call the insurance bucket, or pool.
Because the number of insured individuals is so large, insurance companies
can use statistical analysis to project what their actual losses will be within
the given class. They know that not all insured individuals will suffer losses
at the same time or at all. This allows the insurance companies to operate
profitably and at the same time pay for claims that may arise. For instance,
most people have auto insurance but only a few actually get into an
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accident. You pay for the probability of the loss and for the protection that
you will be paid for losses in the event they occur.
Risks
Life is full of risks- some are preventable or can at least be minimized, some
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Type of risk: Bodily injury, total loss of vehicle, having to fix your car.
The effect: Spending time in the hospital, having to rent a car and having to
make car payments for a car that no longer exists.
Mitigating risk:
Not driving at all (risk avoidance), becoming a safe driver (you still have to
contend with other drivers), or transferring the risk to someone else
(insurance).
Let's explore this concept of risk management (or mitigation) principles a
little deeper and look at how you may apply them. The basic risk
management tools indicate that risks that could bring financial losses and
whose severity cannot be reduced should be transferred. You should also
consider the relationship between the cost of risk transfer and the value of
transferring that risk.
Risk control:
There are two ways that risks can be controlled. You can avoid the risk
altogether, or you can choose to reduce your risk.
Risk Financing:
If you decide to retain your risk exposures, then you can either transfer that
risk (ie.to an insurance company), or you retain that risk either voluntarily
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(ie.you identify and accept the risk) or involuntarily (you identify the risk,
but no insurance is available).
Risk Sharing:
Finally, you may also decide to share risk. For example, a business owner
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may decide that while he is willing to assume the risk of a new venture, he
may want to share the risk with other owners by incorporating his business.
So back to our driving example. If you could get rid of the risk altogether,
there would be no need for insurance. The only way this might happen in
this case would be to avoid driving altogether. Also, if the cost of the loss or
the effect of the loss is reasonable to you, then you may not need
insurance.
For risks that involve a high severity of loss and a low frequency of loss,
then risk transference (ie. insurance) is probably the most appropriate
protection technique. Insurance is appropriate if the loss will cause you or
your loved ones a significant financial loss or inconvenience. Do keep in
mind that in some instances, you are required to purchase insurance (i.e. if
operating a motor vehicle). For risks that are of low loss severity but high
loss frequency, the most suitable method is either retention or reduction
because the cost to transfer (or insure) the risk might be costly. In other
words, some damages are so inexpensive that it's worth taking the risk of
having to pay for them yourself, rather than forking extra money over to
the insurance company each month.
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Underwriting
Underwriting is the process of evaluating the risk to be insured. This is done
by the insurer when determining how likely it is that the loss will occur,
how much the loss could be and then using this information to determine
how much you should pay to insure against the risk. The underwriting
process will enable the insurer to determine what applicants meet their
approval standards. For example, an insurance company might only accept
applicants that they estimate will have actual loss experiences that are
comparable to the expected loss experience factored into the company's
premium fees. Depending on the type of insurance product you are buying,
the underwriting process may examine your health records, driving history,
insurable interest etc.
The concept of "insurable interest" stems from the idea that insurance is
meant to protect and compensate for losses for an individual or individuals
who may be adversely affected by a specific loss. Insurance is not meant to
be a profit center for the policy's beneficiary. People are considered to have
an insurable interest on their lives, the life of their spouses (possibly
domestic partners) and dependents. Business partners may also have an
insurable interest on each other and businesses can have an insurable
interest in the lives of their employees, especially any key employees.
Insurance Contract
The insurance contract is a legal document that spells out the coverage,
features, conditions and limitations of an insurance policy. It is critical that
you read the contract and ask questions if you don't understand the
coverage. You don't want to pay for the insurance and then find out that
what you thought was covered isn't included.
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Bound: Once the insurance has been accepted and is in place, it is called
"bound". The process of being bound is called the binding process.
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2. TYPES OF INSURANCE
Insurance is a way of protecting yourself from any costs that may arise from
damage to your property or your health.
Different policies have different terms and conditions so make sure you
know what the terms and conditions of your policy are. It is important to
understand exactly what your insurance policy covers when you buy it.
Home insurance
Home insurance will generally pay for any damage caused to your home by
accident or by bad weather.You are not obliged by law to insure your home
but if you have a mortgage, most lenders will insist that your house is
appropriately insured. In general your home should be insured for damage to
contents and for damage to the structure of your home
When taking out a mortgage, you need to consider how it will be paid off in
the event of your death. You may also consider how to continue repayments
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Motor insurance
It is a criminal offence for drivers to drive uninsured on public roads in
Ireland
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Health insurance
Health insurance is used to pay for private care in hospital or from various
health professionals in hospitals or in their practices. There are a number of
health insurers in Ireland.
Travel insurance
Travel insurance can cover you if you become ill or have an accident while
you are on holidays or travelling. If you are travelling within the EU/EEA you
should have a European health insurance card which allows you to access
health care services. In general travel insurance should supplement the
services available to people with a European Health Insurance Card
Life insurance
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3. Principles of Insurance
The main objective of every insurance contract is to give financial security
and protection to the insured from any future uncertainties. Insured must
never ever try to misuse this safe financial cover.
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The person getting insured must willingly disclose and surrender to the
insurer his complete true information regarding the subject matter of
insurance. The insurer's liability gets void (i.e legally revoked or cancelled) if
any facts, about the subject matter of insurance are either omitted, hidden,
falsified or presented in a wrong manner by the insured.
The principle of insurable interest states that the person getting insured
must have insurable interest in the object of insurance. A person has an
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insurable interest when the physical existence of the insured object gives
him some gain but its non-existence will give him a loss. In simple words,
the insured person must suffer some financial loss by the damage of the
insured object.
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For example :- The owner of a taxicab has insurable interest in the taxicab
because he is getting income from it. But, if he sells it, he will not have an
insurable interest left in that taxicab.
3. Principle of Indemnity
4. Principle of Contribution
compensation then that insurer can claim proportionate claim from the
other insurers.
For example :- Mr. John insures his property worth $ 100,000 with two
insurers "AIG Ltd." for $ 90,000 and "MetLife Ltd." for $ 60,000. John's
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actual property destroyed is worth $ 60,000, then Mr. John can claim the
full loss of $ 60,000 either from AIG Ltd. or MetLife Ltd., or he can claim $
36,000 from AIG Ltd. and $ 24,000 from Metlife Ltd.
So, if the insured claims full amount of compensation from one insurer then
he cannot claim the same compensation from other insurer and make a
profit. Secondly, if one insurance company pays the full compensation then
it can recover the proportionate contribution from the other insurance
company
5. Principle of Subrogation
This principle is applicable only when the damaged property has any value
after the event causing the damage. The insurer can benefit out of
subrogation rights only to the extent of the amount he has paid to the
insured as compensation.
For example :- Mr. John insures his house for $ 1 million. The house is
totally destroyed by the negligence of his neighbour Mr.Tom. The insurance
company shall settle the claim of Mr. John for $ 1 million. At the same time,
it can file a law suit against Mr.Tom for $ 1.2 million, the market value of
the house. If insurance company wins the case and collects $ 1.2 million
from Mr. Tom, then the insurance company will retain $ 1 million (which it
has already paid to Mr. John) plus other expenses such as court fees. The
balance amount, if any will be given to Mr. John, the insured.
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According to the Principle of Loss Minimization, insured must always try his
level best to minimize the loss of his insured property, in case of uncertain
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events like a fire outbreak or blast, etc. The insured must take all possible
measures and necessary steps to control and reduce the losses in such a
scenario. The insured must not neglect and behave irresponsibly during
such events just because the property is insured. Hence it is a responsibility
of the insured to protect his insured property and avoid further losses.
For example :- Assume, Mr. John's house is set on fire due to an electric
short-circuit. In this tragic scenario, Mr. John must try his level best to stop
fire by all possible means, like first calling nearest fire department office,
asking neighbours for emergency fire extinguishers, etc. He must not
remain inactive and watch his house burning hoping, "Why should I worry?
I've insured my house."
The principle states that to find out whether the insurer is liable for the loss
or not, the proximate (closest) and not the remote (farest) must be looked
into.
For example :- A cargo ship's base was punctured due to rats and so sea
water entered and cargo was damaged. Here there are two causes for the
damage of the cargo ship - (i) The cargo ship getting punctured beacuse of
rats, and (ii) The sea water entering ship through puncture. The risk of sea
water is insured but the first cause is not. The nearest cause of damage is
sea water which is insured and therefore the insurer must pay the
compensation.
However, in case of life insurance, the principle of Causa Proxima does not
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4. INSURANCE FRAUDS
MEANING
“Insurance fraud is any act committed with the intent to fraudulently obtain
payment from an insurer.”
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Hard Fraud
Soft Fraud
Automobile Insurance Fraud
Life Insurance Fraud
Health Insurance Fraud
Property Insurance Fraud
Internal Fraud
External Fraud
Hard Fraud:
Hard fraud includes someone staging a car accident, injury, arson, loss,
break-in or someone writing false bills to Medicare to illegally receive
money from their insurance company. This type of frauds often receives
more media attention and it is easier to detect. Hard fraud often involves
criminal activities of insurance company. But, an individual can also be
found guilty of hard fraud.
Soft Fraud:
Fraud rings or groups may fake traffic deaths or stage collisions to make
false insurance or exaggerated claims and collect insurance money. The ring
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may involve insurance claims adjusters and other people who create phony
police reports to process claims.
Life insurance fraud may involve faking death to claim life insurance.
Fraudsters may sometimes turn up a few years after disappearing, claiming
a loss of memory. Another example is former British Government minister
John Stonehouse who went missing in 1974 from a beach in Miami. He was
discovered living under an assumed name in Australia, extradited to Britain
and jailed for seven years for fraud, theft and forgery.
Possible motivations for this can include obtaining payment that is worth
more than the value of the property destroyed, or to destroy and
subsequently receive payment for goods that could not otherwise be sold.
According to Alfred Manes, the majority of property insurance crimes
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involve arson.
Internal Fraud:
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External Fraud:
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Obtaining payment that is worth more than the value of the property
destroyed or to destroy and subsequently receive payment for goods
that could not otherwise be sold.
Concealing of the information by the insurance company at the time
of insurance contract.
Payment of exorbitant commission to the agents for heavy sales and
advertisement of the policies by the insurance companies.
Intentionally damaging the property and asking for insurance claim
by the policy holders.
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Internal Frauds:
There are those perpetrated against insurance companies or its
policyholders by agents, managers, executives or other insurance
employees.
It includes:
EXTERNAL FRAUD:
There are direct against insurance by individuals or entities as diverse as
policy holder’s medical provides, beneficiaries vendors, etc.
It includes:
Arson-for –profit:
Disaster fraud :
It may include:
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Medical fraud:
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Nearly $80 billion in fraudulent claims are made annually in the U.S., the
Coalition Against Insurance Fraud estimates. This figure includes all lines of
insurance. It’s also a conservative figure because much insurance fraud
goes undetected and unreported.
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price essential insurance coverage, often required by state law, beyond the
reach of many consumers and businesses. For example:
Businesses must pass the cost of rising insurance premiums onto their
customers by raising prices for goods and services. Many larger
corporations also spend millions of dollars a year for investigation and
fraud-prevention programs that aim. This cost also is reflected in higher
prices of products and services.
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have had to pay for life-saving medical treatment themselves when they
discovered their insurance was fake.In other health schemes, medical
providers often perform potentially dangerous and unneeded surgery on
healthy people solely to increase their insurance billings. In many cases, the
victims are elderly, poor and homeless.
• Arson: Homes and businesses often are burned down for insurance
money. The lives of firefighters, family members and nearby residents also
are placed at risk. Numerous people have died or been seriously injured in
arson-for-profit fires. Also, the property damage is often magnified because
arson fires frequently spread to nearby dwellings.
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Ruined credit
Many seriously ill people who purchased phony health insurance found
their credit ruined when they couldn’t pay large medical bills after their
policy refused to pay.
Lost jobs
Some fraud schemes can cost people their jobs. Convicted swindler Martin
Frankel gained control of a small life insurance company called Franklin
American and secretly siphoned the company’s assets into his own
accounts. This sent the company into bankruptcy, costing hundreds of
employees their jobs.
Fighting insurance fraud is a major expense for federal, state and local
governments. This dilutes the nation’s overall anti-crime efforts by
diverting often-limited government resources needed to fight other crimes.
Here are several examples of this:
• Police and other law enforcement: State, local and federal law
enforcement all are involved in investigating insurance-fraud cases, often
jointly.
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Personal costs
Insurance fraud also can impose large personal costs on its victims. Many
victims feel embarrassed, humiliated and even violated. Often their lives
and families also are disrupted for long periods of time. Many must recover
from serious financial losses or fraud-related physical injuries. Victims also
may have to recover or replace property that was stolen, damaged or
destroyed by schemes. Many victims also must spend considerable assisting
law enforcement and prosecutors as material witnesses.
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8. MEASURES TO PREVENT
INSURANCE FRAUDS
It is necessary to adopt “proper fraud prevention programs me” to control
the rising insurance frauds:
General measures:
Role of the government:
Strengthening of low:
Role of media:
IRDA, SEB should prepare an action plan to combat with the serious issue of
frauds.
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Police authorities, CBI should take action lead in tracking down the
cheaters.
The citizens should believe and follow value based approach in their day-to-
day life. They must be able to differentiate between need and greed.
Measures to prevent frauds in insurance
Specific measures
I. It requires high standard of integrity form director’s management
and employees of insurance organizations.
II. It is necessary to set realistic goals and objectives for best use of
resources.
III. It is necessary to organize, collect and evaluate the effectiveness of
information so that the management may avoid frauds.
IV. To prevent frauds in insurance the audit function must be carried out
in proper manner.
Measures by IRDA
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There is a need for a uniform policy and standard which will guide action of
employees within an insurance company. They are the guidelines for
professional conduct. It also states what the insurance company stands for
and is committed to which values. There should also be a reward and
punishment for any other behavior than that is prescribed. The code helps
in achieving organizations goals in socially acceptable manner. In case of
any dilemma, it prescribes solution and thus helps perform their routine
activities.
Sec 14 of Act, 1998 lays down the duties, powers and functions of IRDA :
1. Subject to the provisions of this act and any other law for the time
being in force the authority shall have duty to regulate, promote and
ensure orderly growth of the insurance business and re-insurance
business?
2. Without prejudice to the generality of the provisions contained in
sub-section
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As per the code, it would be necessary for those availing insurance to fill in
the applications themselves. And it would also be made mandatory for the
agents to disclose on demand the commission that they would be entitled
to form the proposal.
Major Activities
regulations, etc.
c. Presentation of request and proposal: Representing the non-life
insurance industry in the presentation of regulatory reform requests,
and of opinions to insurance administration.
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She'd hoped to get insurance money, but instead lost her job and
served 90 days in jail.
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Almost everyone is familiar with insurance fraud. We've all heard the
stories of people who received millions after a car accident or the heartless
insurance firm refusing to pay out to a widow on a technicality. Insurance
fraud is one of the oldest types of fraud ever recorded, dating back to 300
B.C., when a Greek merchant sunk his own ship, in an attempt to cash in on
the insurance, and drowned in the attempt.
underwriting the policy isn't legitimate and often doesn't exist. These
outright frauds are a type of boiler room operation, where a team of
high-pressure scam artists dial likely victims to sell them false
policies. Unfortunately, the fraud isn't usually discovered until
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Murder for Proceeds: There are two versions of the murder for
proceeds fraud. In the first, the insured doesn't know they are
insured and are understandably surprised to be murdered. In the
second, the policy is legitimate and was taken out in better times,
however, financial hardships lead the perpetrator to decide that
killing his or her spouse/family member/business partner, for the
money, is the best way out of the problem.
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In contrast, seller fraud can potentially hurt just the select few that
experience it. It is, in every essence of the word, bad luck. However, on the
whole, every time the insurance company you invest in treats someone
badly, it loses business to a company with a better reputation and controls
on the agents. As an investor, you will be tempted to move your capital to
the better performing company, thus punishing seller fraud in a
roundabout way. The internet has also helped reduce seller fraud, as many
shady outfits and practices become exposed sooner in the game.
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Instruction
1. Keep good records of the medical services that you received. Document
all procedures and tests performed dates of visits and tests, and providers
who performed them. Retain copayment receipts.
3. Review your insurance plan benefit manual, so you know what's covered
by your insurance plan.
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4. Note any billing discrepancies you find, such as an added charge for a
procedure you don't recall receiving, double billing for the same procedure
when it was only completed once, and/or charges for procedures your
provider indicated were free.
5. Contact your insurance company right away when you suspect you're a
victim of fraud.
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Hotlines Available
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patients or groups of patients that did not visit their office, double bill for
procedures, bill for procedures that did not occur, or use false credentials
when submitting claims. Fraud can be reported at your local state Medicaid
agency or by calling the OIG hotline at 1-800-447-8477.
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Mumbai, 2 June 2011 – Ernst & Young's insurance fraud survey has revealed that the
rising incidence of fraud is driving up costs for insurance companies and premiums for
policy holders. Insurance companies are waking up to this grim reality, which may
threaten their viability and profitability. According to 80% of the survey respondents,
representing India's largest public and private insurance companies, fraud in insurance
can increase costs for insurers by at least 1% and can rise by more than 5% in certain
cases. Further, more than 50% of the respondents believe that fraud directly impacts
premium, in some cases increasing premiums by more than 3%. This adversely affects
innocent consumers who end up paying a higher premium.
The survey was conducted to assess the fraud scenario in the Indian insurance industry,
the potential risk exposure, the economic impact of rising incidents of fraud, and industry
practices to counter fraud. Of the survey’s respondents, 50% expressed the need for
heightened and more stringent anti-fraud regulations in the area of claims and surrender.
This area is most prone to fraud, with nearly 27% respondents rating it among the
topmost fraud risks in the insurance sector.
The survey findings should cause concern among insurance company directors.
Complacency around fraud, bribery and corruption, combined with cost-cutting
initiatives at many companies, creates additional exposure. With new legislation such as
the UK Bribery Act giving regulators stronger enforcement powers, management, in
particular, should demonstrate greater commitment to ethical conduct through their
actions, including making tough choices regarding departmental budgets and disciplinary
measures.
As Arpinder Singh, Ernst & Young’s India Fraud Investigation & Disputes Services
Leader states, “It is management’s job to set the tone and frame the controls and
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said that manual red flags are used to detect fraud in their organizations. Given the
quantum of data these insurance companies have to handle, this method may not be
effective enough as a measure.
Arpinder Singh adds, “The survey provides a wake-up call for insurance companies. Lack
of third-party due diligence and focus on anti-fraud measures; and a continued reliance
on manual methods to detect fraud inevitably increases the risk exposure. The adoption of
a definite methodology and a comprehensive and integrated approach to fraud risk can
help companies address the rising risk of fraud in the insurance sector.”
Arpinder Singh concludes, “Some of the points that companies must include in their fight
against fraud are a well-defined whistle-blowing policy, periodic fraud risk assessment,
third-party due diligence, data analytics tools to identify red flags, and the automation of
processes.”
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New Delhi : Indian insurance companies have borne a loss of over Rs.
30,000 crore in 2011 due to different kinds of frauds, a study has
claimed.
"The losses caused to the insurance sector are Rs. 30,401 crore which is
roughly 9 per cent of the total estimated size of insurance industry in the
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The total premium income of the insurance industry comprising life, non-
life and health, is around Rs. 3.5 lakh crore, as per the Insurance Regulatory
and Development Authority (IRDA) data.
Around 86 per cent of the frauds occurred in the Life Insurance segment
while the remaining 14 per cent took place in the General Insurance sector
(which includes risk of loss to assets like car, house, accidents), it said.
According to the study, in the last five years, the frauds in Life Insurance
sector had more than doubled (103 per cent) whereas the frauds in the
General Insurance sector rose by 70 per cent.
A total of Rs. 15,288 crore (Rs. 13,148 cr in life insurance and Rs. 2,140 cr in
general) was the loss borne by the companies in 2007. In 2011, the loss was
pegged at Rs. 30,441 crore.
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The study said that insurers were defrauding the companies by not
disclosing existing diseases by manipulating the empaneled doctor while
applying for the policy.
"All insurance policies have an eligible age at which the policy can be taken.
To accommodate oneself in to the product or enjoy a lower premium, age
proofs are modified to show a reduced age. Some cases require medical
tests to issue the policy. However, to substantiate non-disclosed or
misrepresented medical conditions, a different person may be sent at the
time of the tests. While this may work to get the policy, it would create
discrepancy at the time of claims," it said.
There have been cases where the date of death was on the death
certificate has been fraudulently changed to a date before the actual death
when the policy was in force, so as to register a claim, the study said.
"Medical Bills forgery is the most common scheme of frauds which affect
the Health Insurance sector the most. In as many as 31 per cent of the total
falsified documentation schemes medical bills were the common target of
the frauds by the external parties.
"The second most common scheme of the frauds in the General Insurance
space is the non-disclosure of the facts. Travel abroad for the surgery
without disclosing it or getting the damaged vehicle insured without
disclosing the accident are some of the common schemes," it said giving
examples of frauds in general insurance sector.
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General insurance fraud is undergoing a sea change in its character. It is no more confined to the
domain of white-collar crime, but surpassed into a full-fledged scam, world over, posing a serious
threat to the global economy. What's visible is only the tip of the iceberg and a lot more
underneath.
After tax evasion, insurance fraud is officially acknowledged as the second biggest financial crime
in the US costing Americans about $100 billion each year reports National Insurance Crime
Bureau.
Did you know Insurance Fraud is akin to an industry in the West? Special classes are held to
make people proficient in perpetrating insurance fraud. There are organized gangs that specialize
in staging vehicular accidents, arson and sabotage of property - all to one end - getting a fat
insurance claim.
Unlike the rest of the world, in India, there is so little information in the public domain about
insurance fraud that easily misleads one to believe that the malaise has skipped us. But in reality
we are ahead of others.
Though a preliminary estimate puts fraud claims at 6% of the total number in India but If
insurance fraud levels in India are to be rated in the international range of 10%-15%, the Indian
general insurance industry would be losing between Rs.2,500-3,500 crore in a year.
Fraud against the Insurance Companies committed at different stages are phenomenal and
alarming which can be from outside known as external sources or from within the industry, known
as internal source, but very often caused due to the unholy alliance of both the sources.
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It would not be an exaggeration to say that in most of the cases the insurer cannot be defrauded
except without an unholy nexus between the employee/intermediary in one hand and the
insured/beneficiary at the other. Most of the frauds committed by way of a concerted effort of
agents, brokers, insurance employees, insured member and the provider of services and other
stakeholders of the general insurance system.
Not necessarily, the policy holder/beneficiary always bribes surveyors and officials of insurance
company to get false claims passed. Sometime insurance employees and or intermediaries or the
fraudsters approach the policy holder/beneficiary and suggest ways and means to exaggerate the
genuine claim by fabricating documents.
Fraud can occur at any stage during the process of applying, buying, using, selling, underwriting
insurance or while staking a claim which can be broadly categorized as pre-insurance otherwise
known as application fraud and post insurance comprising eligibility and claims fraud.
This is committed when material misrepresentations are made on an application for insurance
with the intent to defraud. Application Fraud differs from claim fraud in that the perpetrator is not
seeking to illegitimately obtain a benefit payment-rather the perpetrator is seeking to illegitimately
obtain a general insurance coverage only. Planned non-disclosure by clients has always been a
major problem faced by Insurance industry, which sadly is socially acceptable.
Hiding relevant and potentially damaging information is almost a norm in India. Even if the
customer wants to disclose, his/ her insurance agent advises to the contrary and convinces the
customer not to tell as it may attract extra premium. Agent is after all interested only in his
commission and is worried that faced with extra premium, for which client may decide not to take
the policy.
Post insurance stage: Frauds at this stage can be either an eligible fraud or claims fraud.
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Eligibility fraud: Eligibility fraud most commonly involves misrepresentations of the status of
beneficiary. In such cases, the benefit is paid to a person not eligible to receive benefits because
of various factors..
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Fraud by way of identity theft where people stole other person's identity to make false insurance
claim, widely prevailing in the west is another species of the eligibility fraud.
Claims fraud: Most common where the losses are concocted, exaggerated, inflated,
manipulated, manufactured, stage managed, to name a few. Magnitude and frequency of any
insurance fraud is greater at the claim stage in comparison to pre-insurance stage.
Insurance fraud is generally of two types - one the 'opportunity fraud' - otherwise known as 'soft
fraud' and the other is deliberate act to cheat known as 'hard fraud'.
Any misrepresentation of facts or circumstances while making a claim is fraud. This could include
hiding your previous driving record or padding up the claims sheet. But unfortunately most people
like to consider these as little exaggerations rather than fraud.
Hard fraud is a deliberate attempt either to stage or invent an accident, injury, theft, arson or other
type of loss. A hard fraud is committed by faking incidents, accident, burglaries or illnesses,
backdating claims, identity theft claims etc.
In these kinds of fraud, the claimant demands more than what he otherwise deserve.
Approximately, 90% of the general insurance fraud results from soft fraud . Soft fraud, which is
sometimes called opportunity fraud, occurs when a policyholder or claimant exaggerates a
legitimate claim i.e. seeking more than the loss.
Immaterial fraud:
In some cases, what can described as 'immaterial' fraud occurs, where a policyholder acts
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fraudulently simply to obtain legitimate payment of a genuine insured loss. A classic example is
where the policyholder has lost the receipt for a stolen item and, facing pressure from the insurer,
produces a forged receipt to substantiate the claim. The loss is genuine but the policyholder has
lied in the course of making the claim, thereby breaching the duty to act 'in utmost good faith'.
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MOTOR: World over auto or motor insurance constitute the single largest portfolio ranging
between 40% to 70% of total general business insurance segment. Motor insurance is the most
potential and vulnerable fraud ridden sector in the industry in comparison to other line of
insurance. The Association of British Insurer said motor insurance is now the leading area for
fraud, with its member uncovering 24000 fraudulent car insurance claims worth £260 million
during 2007- the equivalent of £5 million every week.
Motor Own Damage Claim Fraud: Motor own damage claims fraud committed at pre
and post insurance stage involving both hard and soft fraud.
A hard fraud includes total damage to the vehicle deliberately to get rid of the same or to earn
more money than its market value. Some of the examples are staging collision, theft of the
vehicle, burnt by fire, fall into river, owner vehicles give ups, loss under an excluded peril etc.
A real accident may occur, but the dishonest owner may take the opportunity to incorporate a
whole range of previous minor damage to the vehicle into the garage bill associated with the real
accident. Soft fraud accounts for the majority of the motor insurance frauds. Some of the common
soft frauds are filing more than one claim for the single loss, higher costs for repair, damage
caused earlier, replacement of old spare parts etc.
With the advent of organized gangs in auto insurance fraud, it become more complex and
sophisticated., which are much difficult to detect, if detected difficult to prove.
Motor TP: From chasing ambulance to organize accidents, fraud in motor third party insurance
come a long way . Fraudulent motor TP claims is a multimillion dollar business today involving
highly organized gangs. More than one of every three bodily-injury claims from car crashes
involves fraud. Insurance Research Council (1996). More than one-third of people hurt in auto
accidents exaggerate their injuries.(Rand Institute for Civil Justice).
Recently in USA, criminal charges were filed against Quentin Hawkins, also known as "Flint
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Hawkins," the leader of a ring and 64 others for their participation in a large-scale insurance fraud
ring that either staged or fabricated at least 14 automobile accidents between February 1999 and
July 2000 and filed number of bogus bodily injury and medical treatment claims under no-fault
insurance policies.
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Such gangs have their code words for communication among themselves, where accident is
referred to as Movie, vehicles as cans, hospitals as fruit stand and victims as pineapple. Some of
its modus operandi are as under:
Exaggerated claims: Many instances have been discovered in which corrupt attorneys and
health-care providers (combine to bill insurance companies for nonexistent or minor injuries.
Hit and run cases: Conversion of natural death into a hit and run case or converting a hit and
run case to an accident is very common in India as well as abroad.
Paper accidents: Many a times documents created in collusion with various authorities to
Staged accident: Where the fraudsters will use a vehicle to stage an accident with the
innocent party. Typically, there would be 4 or 5 fraudsters in the vehicle, which makes an
unexpected maneuver causing the innocent party to collide with the fraudster's vehicle.
Swoop and Squat: Where one or more drivers in "swoop" car force an unsuspecting driver
into position behind a "squat car. This squat car, which is usually filled with several passengers,
then slows abruptly, forcing the driver of the chosen car to collide with the squat car.
In India: Whatever is practiced in west easily find its way to India. A recent survey has shown
that more than 50% of the TP claims in India are bogus. There are several claims that are based
on bogus accidents carried out with the connivance of law enforcing agencies.
In India one public sector insurance company become richer by around Rs.184 Crores due to
withdrawal of 427 number of Motor Third Party claim cases, including 40 cases where award
have been made, fearing action following investigation by the CBI in pursuance to the direction of
the Madras High Court.
Last year it is reported that the Insurance companies were defrauded of around Rs.500 Crores for
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over five years in seven South Bengal districts. It is apprehended that the figures could be around
Rs.1500 Crores over the past ten years. (Times of India Mumbai Edition dated 25-07-2007)
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Some of the common Modus operandi of TP frauds in India are conversion of ordinary death /
other accidental death cases to Hit and Run cases. Conversion of hit and run cases by implanting
another vehicle. Most of the hit and run cases are fixed at a later stage in collusion of the police.
In some cases it was found that the person making the claim changes but all the other details
remain the same like 20 claims made on the same car. It was also found that the same vehicle
involved in 18 different accidents, all in the same city and the same years.
Death due to own negligence and without involvement of TP vehicles was converted to cases
where accident shown to be caused by another vehicle. Accident caused under influence of
alcohol converted to cases where accident caused by another vehicle.
On Dec 2, 2000 M. Palanivel was injured in an accident while riding pillion on a two wheeler.
Investigation reveals he was riding the two wheeler and fell down when he lost balance.
Mr. Shankar died in an accident when his car was hit by an Ambassador car. Investigation
revealed that he died in an accident when his car hit a tamarind tree. There was no involvement
of any Ambassador car. (Money Control .com)
Mr. Periyaswanmy was injured in an accident when his two-wheeler hit by an auto-rickshaw.
Investigation revealed that he was allegedly driving under the influence of alcohol and fell off his
bike.
Mr. Mohan died in an accident when a lorry hit him when he was driving a motorcycle. Hospital
record shows that he died in an accident when his motorcycle rammed into a bullock cart.
Mr. Senthilkumar was injured as a pedestrian when he was run down by a tempo. Fire Dept.
records show that he was injured when he fell down the village well.
Father and son succeeded in receiving compensation of Rs. 3,55,000/- and Rs. 1,52,000/- for the
alleged injury sustained while proceeding in a motorcycle, which was dashed by a car, actually
they are operating their own tractor, which jilted into a ditch as result of which the occupants
slipped down and sustained injuries. United India vs. Rajendra Singh : 2000(3) SCC 581.
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Inclusion of some stock victims name in the list of persons as injured persons even though they
are not traveling. Substitution of un-insured vehicle with a insured vehicle. X claiming
compensation for the treatment to an injury sustained by Y in vehicle accident. Passengers
traveling in a truck converted to either owner of goods or coolies carried in the vehicle.
Impersonating the victim, claimant, owner, driver sometimes advocates had been a norm.
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Fraud on grand scale committed in MACT and labor Courts in the State of Gujarat by invisible
Advocates reports Yong Lawyers.
CBI books Ambala based advocate for insurance frauds to the tune of Rs. 200 Crores reports
Hindustan Times.
Filing cases without consent of the claimants and in the name of advocates who do not exist had
been widely prevalent. Filing of bogus injury report / medical certificate etc. to inflate
compensation considered to be a right.
FIR field against a Doctor from Godhra General Hospital for issuance of false certificate to get
compensation u/s 161 / 167 / 193 / 196 / 197 / 198 / 199 / 200 / 406 /417 / 420/ 465/ 471/ 472/
476/ 474/ 475 IPC.
Health Insurance :
Provider fraud consists of claims submitted by bogus physicians, billing for services not rendered,
billing for higher level of services, diagnosis or treatments that are outside the scope of practice,
alterations on claims submissions, and providing services while under suspension or when
license have been revoked. Independent medical examinations are used to debunk false
insurance claims and allow the insurance company or claimant to seek a non-partial medical view
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Global Scenario: Health insurance fraud and abuse is common and very costly to America's
healthcare system. Industry analysts argue that out of every $7 spent on Medicare $1 is lost to
fraud and abuse that forced the Congress of the United States, to pass the Health Insurance
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Portability and Accountability Act of 1996 (HIPAA) declaring health care fraud as a federal
criminal offense with punishment of up to ten years of prison in addition to significant financial
penalties.
In India: In India, the health insurance statistics is alarming. According to a survey conducted
by one of the leading TPAs, the estimated number of false claims in the industry is estimated at
around 10-15 per cent of total claims. The report suggests that the healthcare industry in India is
losing approximately Rs 600 crore on false claims every year. Health insurance is a bleeding
sector with very high claims ratio.
False claims are the most common type of health insurance fraud. The goal is to obtain
undeserved payment for a claim or series of claims. Such schemes include any of the following,
when done deliberately for financial gain:
Some physicians charge insured patients more than uninsured ones but represent to the
insurance companies that the higher fee is the usual one. Charging for a service that was not
performed, or excessive charging for a service or providing unnecessary services or ordering
unnecessary tests.
Billing for inappropriate tests-Both standard and nonstandard-appears to be much more common
among health-care providers. Management of the patient.
Unbundling of claims: Billing separately for procedures that normally are covered by a
single fee.
Double billing: Charging more than once for the same service.
Miscoding: Using a code number that does not apply to the procedure.
Kickbacks: Receiving payment or other benefit for making a referral. Indirect kickbacks can
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Misuse: Criminals sometimes obtain Medicare numbers for fraudulent billing by conducting
Insurance fraud is a globally accepted white collared crime, more so in India where till recently
defrauding an insurance company meant cheating the Government and, by and large, people
took as their right.
Fraud cost the insurance industry an estimated $96.2 billion in 1999. (Conning & Co.)
In the United States insurance fraud is estimated to cost US$875 per person per year.
Australian Institute of Criminology say that 10% of the claims paid by Australian insurance
companies are fraudulent and they add about A$70 to the premium of each Australian policy.
(Australian Institute of Criminology)
In the UK, about £1.50 billion is paid out on account of bogus and exaggerated claims. This adds
almost 5% to the premium of an average insurance policy.
The South African Insurance Association (SAIA) estimates that approximately 10% of claims paid
out are fraudulent.
Closer home, insurance frauds in Malaysia are estimated to be 10%-15% of premiums collected.
Impact:
Since the very basis of general insurance system revolves around the principle of "collecting from
large to pay a few" ultimately it is the policy holders who bear the brunt of the fraud for no fault of
its own.
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Individual insurance companies do make attempts to combat fraud, but they are more concerned
about maintaining profitability and not being out-of-line with peer companies, rather than with
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reforming the system. In most developed and developing countries, insurance associations and
insurers have joined hands with the government to combat fraud and mange to promulgate anti-
insurance-fraud legislation.
As far as Indian insurers are concerned, companies are in a denial and forfeiture mode and,
hence, unable to formulate a strategy to combat fraud.
Evidential Complexity: Insurance fraud is considered an 'invisible and victimless crime' and all
over the world.
An allegation of fraud should not be made lightly. From the point of view of law of Evidence, it
becomes a challenge to prove fraud. The burden of proof is on the insurer, if it suspects that fraud
has taken place. Therefore, insurers often end up paying the claims because they find it difficult
to prove the fraud and reject false claims.
There is a need for establishment of a exclusive Statutory fraud committee for the insurance
industry.
fraud to be defined as an offence with severe punitive punishment with the burden of proof to be
shifted on the accused to prove absence of commission of fraud by amendment to the IPC, Indian
Evidence Act.
to develop Best Practice Code (BPC) within a time frame and submit the same to the regulator;
make effective measures to internalize the BPC in its staff, effectively supervise the
fictionalization of the BPC, control and monitor variation from the BPC, enforce BPC in the use of
discretionary power and make documentation of the same, periodically review the use of
discretionary power, conduct periodical legal system, audit and obtain compliance certificate.
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the UK, the Association of British Insurers has set up databases that detect multiple insurance,
multiple claims, break in insurance, etc. They have taken the service of experts to do data-sifting
to detect potential fraudulent claims. Frauds have a pattern and data-sifting helps insurers detect
those patterns.
Law for data sharing: Sharing of data amongst the General Insurance Companies in India
could be a very effective tool for identification, detection control and combat the fraud. However,
for this they require legal immunity from sharing information on fraudulent claims among
themselves, as well as with other financial institutions, regulators, statutory agencies and
departments. At present, there are no guidelines with regard to sharing of information among
insurers on such fraudsters.
Specific Tool For insurance fraud management: The National Insurance Academy
(NIA) has devised a "scientific method" that would facilitate insurers and tackle these third party
motor claims. The NIA method is based on seven processes, four preventive and three
retrospective tools.
Stress analysis that would detect the strain and tension in a claimant's voice to figure out if
he/she is truthful about the accident.
Red flagging' which essentially means reporting bogus claims, thereby creating some sort of a
bank. The next time a surveyor deals with a particular accident case, he can dip into the bank to
help him identify a pattern.
Predictive modeling is a third tool by which an insurer can lay his hands on information on the
type of vehicles making a claim in a certain area.
The fourth preventive process is database searching. A record of various places and conditions
surrounding that area will be kept. This would help an insurer to be extra cautious while settling
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CONCLUSION
What is insurance fraud?
Insurance fraud is an attempt to obtain money from insurance companies
by arranging a loss or accident or falsifying information on applications for
insurance claims. Fraud can range from large, organized operations
involving hundreds of thousands of dollars to an otherwise honest
individual who overstates a legitimate claim.
What effect does fraud have on the average insurance policy holder?
The insurance industry estimates the size of insurance fraud to be about
10-15 percent of the premium dollar. This puts the yearly costs at an
estimated $18 billion nationally. As fraud is reduced or eliminated, clams
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BIBLIOGRAPHY
BOOKS
WEBSITES
www.irda.gov.in
www.wikipedia.org
www.rediffbusiness.com
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