The FSC should include persons with disabilities in the planning of insurance
policies and programs to strengthen its understanding of persons with
disabilities and help it formulate underwriting assessment procedures that
better meet their needs and serve as a reference for insurance companies when
they perform underwriting reviews.
(5) Since 2018, the FSC has included the insurance industry’s compliance with
the laws and regulations governing the acceptance of disabled persons’
insurance applications. The FSC also included the Insurance Industry
Guidelines for Insuring Persons with Disabilities as items to be inspected
during on-site inspections. 106 Nonetheless, between 2016 and 2019, the
commission was only able to identify two cases in which the rights and interest
of persons with disabilities were violated and penalties imposed. 107 The
results of this supervision differed significantly from the actual experiences of
persons with disabilities.
108
According to data from the Financial
Ombudsman Institution (hereinafter referred to as the FOI), 109 insurance
disputes accounted for a large proportion of the complaints and disputes that
it has received. Underwriting disputes related to rejected insurance
applications or added premiums accounted for 5% of all life insurance
industry disputes (non-claim-related disputes). No statistical data were
available for insurance disputes involving persons with disabilities. On
January 8, 2020, the FSC issued a letter to the NLIA and LIAROC requesting
that they perform statistical analyses on the handling of complaints filed by
106
107
108
109
The FSC explained that when conducting onsite inspections of insurance companies, it offers its
opinions, urges the insurance companies to make improvements, and follows up on the improvements
made if it is found that the internal regulations of an insurance company has violated laws and
regulations governing the applications of persons with disabilities, or if a company has engaged in
discriminatory acts against persons with disabilities during the insurance solicitation, underwriting,
and claim settlement process.
According to FSC data, the violations were the following: “Insurance companies rejecting insurance
applications because the insurers were persons with disabilities, or setting a maximum amount of
insurance that discouraged persons with disabilities from applying for insurance,” and “not following
the company’s internal regulations and verbally rejecting insurance applications (because the
insurance salespeople assumed that the proposers would not be able to provide sufficient assessment
data) during the solicitation stage.”
According to the Control Yuan investigation report approved on October 20, 2020, persons with
disabilities testified that (a) they were treated unfairly; (b) their insurance applications were denied;
or (c) their insurance premiums were increased when they submitted their insurance application. If
the reasons for the above were merely because they had disabilities, it constitutes discrimination.
“Explanations of complaint and dispute cases received by the FOI” (Q1, 2021).
83
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