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Victimisation of whistleblowers prohibited Right to compensation Application for order for judicial management Order for judicial management after investigation Order for judicial management on other grounds Commencement of judicial management Appointment of judicial manager Remuneration of judicial manager Effect of judicial management on powers of officers etc. Effect on external administrator of judicial manager managing company Judicial management not ground for denial of obligations Continued application of other Parts of Act Powers of judicial manager Application by APRA for instructions to judicial manager Request by APRA for information Duration of judicial management Cancellation of judicial management Disclaimer of onerous property Report by judicial manager Order of Court on report of judicial manager Transfer of business to another company Consequences of inability or failure of life company etc.

APRA may require a person to give information etc. Administrator in control—additional duties Administrator in control—additional duties where action may affect financial system stability in Australia Moratorium—effect of Life Insurance Act statutory management on enforcement process regarding property Moratorium—effect of Life Insurance Act statutory management on annual general meeting Application of other provisions Costs of statutory management Order on application by APRA Operation of Corporations Act Notification to APRA regarding applications by liquidator Application by APRA for directions Application of statutory fund assets Liability of directors for loss to statutory fund Transfer or amalgamation of life insurance business Steps to be taken before application for confirmation Actuarial report on scheme Application to Court Confirmation of scheme Effect of confirmation etc Documents to be lodged in case of transfer or amalgamation..

Alteration of proposal and policy forms Capacity of young persons to insure etc Assignment of policy Mortgages and trusts Effect of notice of trust etc Transfer of policy after change of trustee Protection of interest of insured Application of Division Surrender of policies Death of policy owner who is not the life insured Power to pay money into Court Unclaimed money Disclosure of information relating to unclaimed money..

No deduction in respect of other policies Death or bankruptcy of policy owner Form of replacement policy document Notice before issuing replacement policy document Registration of policies Effect of suicide on policy Condition as to war risk void Policies not invalidated by contraventions of the Act Obligation to comply with the prudential standards Who this Subdivision applies to Recapitalisation direction by APRA Additional contents of a recapitalisation direction Compliance with a recapitalisation direction Determination of the fair value of shares by an expert Determination of the fair value of rights by an expert Ascertaining the fair value of other capital instruments Contravention of certain provisions does not affect the validity of recapitalisation direction etc.

APRA may give directions in certain circumstances Direction not grounds for denial of obligations Subdivision C—Secrecy and disclosure provisions relating to all directions Secrecy relating to directions Disclosure of publicly available information Disclosure allowed by APRA Disclosure in circumstances set out in the regulations Disclosure for purpose Exceptions operate independently Operation of State and Territory laws Transfer by life insurance company to statutory fund Prohibition of mixed insurance business Review of certain decisions Constitution and procedure of Tribunal Inspection of Register etc Disqualified persons not to be directors, principal executive officers etc.

Court power of disqualification Court power to revoke or vary a disqualification etc Principal executive officer Protection from liability—general Protection from liability—directions and secrecy Protection from liability—provisions do not limit each other Protection of person who discloses information etc. Conduct by directors, employees and agents Compensation for acquisition of property Act has effect despite the Corporations Act Authorising contracts etc. Borrowing funds for payments under authorised contracts etc. Companies registered under Life Insurance Act This Act may be cited as the Life Insurance Act This Act does not apply with respect to State insurance that does not extend beyond the limits of the State concerned.

This Act extends to the Territory of Norfolk Island. Regulator is used instead. See the definition of Regulator in the Dictionary in the Schedule.

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For this purpose, an eligible financial benefit is a benefit in relation to which the following conditions are satisfied:. APRA must cause notice of that action to be published in the Gazette. If the action relates to a particular company, otherwise than because the company is included in a specified class of companies, APRA must also give the company written notice of the action. This Act applies to a friendly society subject to the provisions of this Part. However, acceptance of an application for an increase to, or a continuation of, an existing interest in a benefit fund does not constitute the issue of a policy.

Interests in benefit funds existing as at the transfer date. The management fund of the society is the fund of the society that consists of the assets and liabilities of the society that do not form part of an approved benefit fund of the society.

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  • APRA must give the company written notice of its decision whether to approve the rules. APRA must give the friendly society written notice of its decision whether to approve the amendment. The notice must specify a reasonable period for the submission of the amendment. APRA may, in writing, determine an amendment of the rules to rectify the deficiency. For more information regarding a bank's origination of mortgage loans to be retained in its own portfolio, refer to the " Retail Lending " and " Residential Real Estate Lending " booklets of the Comptroller's Handbook.

    This booklet applies to the OCC's supervision of national banks and federal savings associations. References to national banks in this booklet also generally apply to federal branches and agencies of foreign banking organizations. What are you searching for in OCC. Activities of Daily Living Bathing, preparing and eating meals, moving from room to room, getting into and out of beds or chairs, dressing, using a toilet.

    Actual Cash Value Cost of replacing damaged or destroyed property with comparable new property, minus depreciation and obsolescence. For example, a year-old sofa will not be replaced at current full value because of a decade of depreciation. Actuary A specialist in the mathematics of insurance who calculates rates, reserves, dividends and other statistics.

    They kick in when the insured requires temporary shelter due to damage by a covered peril that makes the home temporarily uninhabitable.

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    Adjustable Rate An interest rate that changes, based on changes in a published market-rate index. These assets are an important factor when regulators measure insurance company solvency. They include mortgages, stocks, bonds and real estate. Adverse Selection — The tendency of those exposed to a higher risk to seek more insurance coverage than those at a lower risk.

    Insurers react either by charging higher premiums or not insuring at all, as in case of floods. Flood insurance is provided by the federal government but sold mostely through the private market. In the case of natural disasters, such as earthquakes, adverse selection concentrates risk instead of spreading it. Insurance works best when risk is shared among large numbers of policyholders.

    Affinity Sales — Selling insurance through groups such as professional and business associations. Aftermarket Parts — See Crash parts ; Generic auto parts.

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    Agent — Insurance is sold by two types of agents. Independent agents, who are self-employed, represent several insurance companies and are paid on commission, and exclusive or captive agents, who represent only one insurance company and are either salaried or work on commission.

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    Insurance companies that use exclusive or captive agents are called direct writers. Alien Insurance Company — An insurance company incorperated under the laws of a foreign country, as opposed to a foreign insurance company that does business in states outside its own. Allied Lines — Property insurance that is usually bought in conjunction with fire insurance; it includes wind, water damage, and vandalism coverage.

    Methods include arbitration, where disputing parties agree to be bound to the decision of an independent third party, and mediation, where a third party tries to arrange a settlement between the two sides. Alternative Markets — Mechanisms used to fund self-insurance. This includes captives, which are insurers owned by one or more non-insurers to provide owners with coverage.

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    Risk-retention groups, formed by members of similar professions or businesses to obtain liability insurance, are also a form of self-insurance. Annual Annuity Contract Fee — Covers the cost of administering an annuity contract. It is filed with the state insurance department of each jurisdiction in which the company is licensed to conduct business.

    Annuitant — the person s who receives the income from an annuity contract.

    Usually the owner of the contract or his or her spouse. Annuitization — the conversion of the account balance of a deferred annuity contract to income payments. There are two basic types of annuities: deferred and immediate. Deferred annuities allow assets to grow tax deferred over time before being converted to payments to the annuitant.

    Immediate annuities allow payents to being within about a year of purchase. Annuity Accumulation Phase or Period — The period during which the owner of a deferred annuity makes payments to build up assets. Annuity Administrative Charges — Covers the cost of customer for owners variable annuities.

    Annuity Beneficiary — In certain types of annuities, a person who receives annuity contract payments if the annuity owner or annuitant dies while payments are still due. Annuity Contract — An agreement similar to an insurance policy for other insurance products, such as auto insurance. Annuity Contract Owner — The person or entity that purchases an annuity and has all rights to the contract. Usually, but not always, the annuitant the person who receives incomes from the contract. Annuity Death Benefits — The guarantee that if an annuity contract owner dies before annuitization the switchover from the savings payment phase the beneficiary will receive the value of the annuity that is due.

    Annuity Insurance Charges — Covers administrative, mortality and expense risk costs. Annuity Investment Management Fee — The fee paid for the management of variable annuity invested assets. Annuity Prospectus — Legal document providing detailed information about variable annuity contracts. Must be offered to each prospective buyer. Annuity Purchase Rate — The cost of an annuity based on such factors as the age and gender of the contract owner.

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    Antitrust Laws — Laws that prohibit companies from working as a group to set prices, restrict supplies or stop competition in the marketplace. The insurance industry is subject to state antitrust laws but has a limited exemption from federal antitrust laws. This exemption, set out in the McCarran-Ferguson Act, permits insurers to jointly develop common insurance forms and share loss data to help them price policies.

    Apportionment — The dividing of a loss proportionately among two or more insurers that cover the same loss. Arbitration — Procedure in which an insurance company and the insured or a vendor agree to settle a claim dispute by accepting a decision made by a third party. Asset-Backed Securities — Bonds that represent pools of loans of similar types, duration and interest rates. Almost any loan with regular repayments of prinipal and interest can be securitized, from auto loans and equipment leases to credit card receiveables and mortgages.

    Assets — Property owned, in this case by an insurance company, including stocks, bonds, and real estate. Insurance accounting is concerned with solvency and the ability to pay claims. State insurance laws therefore require a conservative valuation of assets, prohibiting insurance companies from listing assets on their balance sheets whose value are uncertain, such as furniture, fixtures, debt balances, and accounts receiveable that are more than 90 days past due. See addmitted assets.

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    These are the most well known type of residual auto insurance market, which exist in every state. In an unassigned risk plan, all insurers selling auto insurance in the state are assigned these drivers to insure, based on the amount of insurance they sell in the regular market. See Residual Market.