settlement of insurance claims in foreign currency
A.P. (DIR Series) (2001-2002) Circular No. 8, dated 13-10-2001
In
terms of paragraph B.3 of GIM requests for issue of general insurance policies
in foreign currency other than those covered by the provisions of GIM are
required to be referred to RBI. Approvals are granted by RBI on merits of the
case and insurance companies are permitted to issue policies denominated in
foreign currency and receive premium in foreign currency. Settlement of claims
in foreign currency in respect of such policies can now be permitted by
insurance companies subject to the following conditions:—
i. the
policy has been issued in foreign currency with specific approval of RBI;
ii. the claim
has been made for the loss occurred during the policy period;
iii. the claim
has been admitted by the competent authority of the insurance company;
iv. the claim
has been settled as per the surveyors report and other substantiating
documents;
v. claims on
account of reinsurance are being lodged with the reinsurers and will be
received as per reinsurance agreement;
vi. the
remittances is being made to the non-resident beneficiary under the policy. For
resident beneficiaries the claim may be settled in Rupee equivalent of foreign
currency due. Under no circumstances payment in foreign currency be made to a
resident beneficiary; and
vii. while
reporting the transaction in R-Returns RBI approval for issue of policy may be
quoted.
2. Authorised
Dealers may accordingly allow remittances towards settlement of claims subject
to compliance of the conditions stipulated in paragraph 1 above by the Indian
insurance companies. Authorised Dealers may also bring the contents of this
circular to the notice of their constituents concerned.
3. The
directions contained in this circular have been issued under section 10(4) and
section 11(1) of Foreign Exchange Management Act, 1999 (42 of 1999).