IOR Section 13 : Duties and Functions of Insurance Ombudsman
Act
Summary
Section 13 of The Insurance Ombudsman Rules, 2017 outlines the duties and functions of the Insurance Ombudsman. The Ombudsman is responsible for receiving and considering complaints regarding deficiencies in insurance services, such as delays in claim settlements, disputes over premiums, and misrepresentation of policy terms. Additionally, the Ombudsman acts as a counselor and mediator with the consent of the parties involved, ensuring fair resolution of disputes. The Ombudsman must avoid conflicts of interest in handling cases.
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Explanation using Example
Example 1: Delay in Settlement of Claims
Introduction: Mr. Sharma, a policyholder, filed a claim with his health insurance provider after undergoing surgery. The insurer, however, delayed the settlement of his claim beyond the time specified in the regulations under the Insurance Regulatory and Development Authority of India Act, 1999.
Application: According to Section 13(1)(a) of The Insurance Ombudsman Rules, 2017, Mr. Sharma can file a complaint with the Insurance Ombudsman alleging a deficiency in service due to the delay in claim settlement.
Outcome: If the Ombudsman finds merit in Mr. Sharma's complaint, the insurer may be directed to settle the claim promptly. Non-compliance with the Ombudsman's decision can lead to reputational damage and potential regulatory scrutiny for the insurer.
Conclusion: This example illustrates the importance of insurers adhering to specified timelines for claim settlements to avoid legal complaints and potential penalties.
Example 2: Misrepresentation of Policy Terms
Introduction: Mrs. Kapoor purchased a life insurance policy based on the assurance from the insurance agent that it included a critical illness cover. Upon reviewing the policy document, she discovered that such a cover was not included.
Application: Under Section 13(1)(d) of The Insurance Ombudsman Rules, 2017, Mrs. Kapoor can lodge a complaint with the Insurance Ombudsman for misrepresentation...
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