INSURANCES IN COSTA RIFA

PROVIDED BY LAW BY THE I.N.S.

INSURANCE IN COSTA RICA – Overview. According to current legislation, insurance in Costa Rica must be written by Instituto Nacional de Seguros, (INS). A monopoly since 1924, INS is a government institution and, as a consequence, because of restrictive regulations that affect its operation, it is somewhat rigid in its outlook on business, it being more common for the insured to adapt to the patterns and needs of INS rather than the other way around. In recent years there has been much talk about allowing the insurance monopoly to be broken, and this threat seems to have induced INS’s upper echelons to push for some modernization and flexibility.

INS is a financially sound institution. Because of its monopolistic status, it is one of the largest insurance companies in Latin America. It reinsures an important portion of its assumed risk in the international underwriters’ markets in London, Zurich and elsewhere. There are a number of automatic reinsurance contracts in place and, for large policies, INS regularly enters into facultative contracts. Many times it is the underwriters who impose conditions for the policies that INS writes.

As of August 1, 2001 Sales Tax (currently 13%) is levied on premiums for all types of insurance except Life, Medical, Accident, Workers’ Compensation, Crop Insurance and Fire insurance for social interest housing.

General norms regarding insurance practice

A. Method of valuation. Generally, property is insured at Actual Cash Value (ACV), which essentially represents the fair market value, or the replacement value less depreciation. Inventories are insured at their book value (cost). In some qualified cases, INS will accept to insure assets at replacement value. INS rarely accepts an insurance risk at an agreed value. Values must be determined by the insured, and only after a claim is filed does INS get involved in examining them. Thus it behooves the insured to assign values as close as possible to the real value, backed by supporting documentation when possible.

B. Currency. Insurance policies are generally written in local currency. Since the Colón undergoes a daily mini-devaluation (which works out to about 7-10% annual loss of value vis-a-vis the US Dollar), this implies that policies written in local currency need to be reviewed periodically in order to maintain the intrinsic insured values. However, recently INS has been writing dollar-denominated insurance in certain cases: there are now available dollar denominated Universal Life Insurance plans, and the All Risk Property Damage policies. There have also been a number of technical insurance policies, such as machinery breakage and Construction All Risk written in US Dollars.

C. Binders and effective moment of coverage. Binders do not exist. To get coverage, the insurance Agent or Agency must first inspect the risk, an application form must be completed by the insurance agency and signed by the applicant; it is then submitted to INS, accepted by them, and the premium paid.

D. Insured periods. Most policies are written for one-year periods (the glaring exception is Automobile insurance, written for a maximum of 6 months), and premiums are calculated for that period. If more cash-flow friendly payments are required, Semiannual or Quarterly premiums are allowed – but for this INS make a small surcharge, respectively of 8% and 11%.

E. Grace Periods. After expiry date of a policy, INS allows a short Grace Period in which the renewal premium will be received. If an event occurs within the Grace Period, it will be covered - providing they receive the renewal premium before the end of that period. Grace periods are: 20 working days for policies cycling on an annual basis; 10 working days for semiannual policies; and 5 working days for quarterly policies. If a policy renewal premium is not received by INS within the Grace Period, the policy is cancelled. Some types of policy can be reinstated – in other cases a new policy application must be processed. If a policy is reinstated, any no-claim bonus may be lost.

F. Payment of Premiums. INS accepts premiums in Colones or US Dollars, in cash, by check, or by means of credit cards. If payment is by credit card, Costa Rican banking practice indicates that a credit card impression must be provided and the stub signed by the card holder.

PROFILE OF GARRETT & ASSOCIATES

Established 1980, we are a full service agency selling insurance for I.N.S., the monopolistic insurance company in Costa Rica, which is owned by the Government. We have almost 2500 satisfied clients including many foreign residents and several major multinational corporations.

Key people on our staff are bilingual, English-Spanish. We offer English translations and summaries of the most widely sold insurance policies.

We sponsor the book "Insurance in Costa Rica" which explains in English how insurance works in this country, thereby helping foreigners avoid pitfalls. Also, we keep English speaking residents of Costa Rica abreast of relevant changes to insurance by means of articles in several magazines and in this country's foremost English-language newspaper, The Tico Times.

We are agents for the three main Group Medical policies which are available to foreigners at a discount - those of the CANADIAN CLUB, AMERICAN LEGION POST 10 and the ASSOCIATION OF RESIDENT'S OF COSTA RICA.

Our service is focused on minimizing as much as possible direct contact between our clients and the I.N.S. and its considerable paperwork.

 

Garrett & Associates

Tel: (506) 233-2455 Fax: (506) 222-0007
Apdo 5478 - 1000 Costa Rica
e-mail: garrins@sol.racsa.co.cr

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HERE ARE SOME EXAMPLES OF INSURANCES PROVIDED BY I.N.S. (Check with your agent)

 

"HOGAR SEGURO 2000" HOME FIRE POLICY

HOGAR SEGURO 2000" HOME FIRE POLICY

WHAT CAN BE INSURED? Homes and/or their contents: policy can only be used for single dwellings. No commercial buildings. No apartments.

AGAINST WHAT PERILS? There are four coverages: "A" covers fire and lightning; "B" covers damage caused by mutiny, strikes, vandalism, hurricane, cyclone, explosion, smoke, falling objects, vehicles and resulting fire; "C" pays for damage caused by floods and landslides; "D" covers natural disasters : 'quakes, tremors, volcanoes, tsunamis, etc. C and are D sold jointly. You can take A coverage by itself, A+B, A+CD, or complete coverage A+B+CD.

WHAT IF THE HOUSE IS RENTED? The tenant covers his household effects. The landlord insures the house itself.

THE COST? Primary coverage A costs 0.0672% of the value. A+B costs 0.0896%. A+CD costs 0.2212%. Complete coverage A+B+CD costs 0.2436%. Example: Premium for A+B+CD on a $100,000 home would cost $243.60 per year. To the premium, add 13% Sales Tax.

HOW IS THE VALUE ESTABLISHED? You base it on DEPRECIATED NEW VALUE, i.e. estimated cost of rebuilding, less 2% depreciation for every year that the house is old, for wooden buildings, 1% for masonry buildings. Note : INS automatically increases insured amounts every year at policy renewal time following an index of increases in construction costs.

WHAT ABOUT CONTENTS ? Estimate the value based on current prices in Costa Rica. INS does not ask for a comprehensive list, but you should itemize single articles worth US$750 or more.

IS THERE A DEDUCTIBLE? On B coverage the deductible is C.20,000 per claim. For hurricane damage it is 20%. For CD coverages the deductible is 1% of the total insured amount with a minimum of C.50,000. Note: INS frequently modifies deductibles.

EXCLUSIONS. Flooding or water damage because of defective guttering, drains, roof, plumbing, etc.; damage to the electrical system or contents of the house due to lightning which did not cause a fire; damage resulting from war, invasion, revolt, etc.; minor damage such as cigarette burns on carpets, etc.

MAIN PROVISIONS. Not leaving the house unoccupied and unguarded for 30 days or more. Not keeping combustible materials in house. Claims should be presented within 5 days of damage occurring

 

I.N.S. AUTOMOBILE INSURANCE

I.N.S. AUTOMOBILE INSURANCE

COVERAGES

Following are the coverages that are available. Within certain rules, you can select which ones you want: you pay for what you get. Most widely sought coverages are ACDF. For easy estimation, ACDF costs (including Sales Tax) about 5% of the market value of the vehicle, for 6 months insurance. (Auto insurance cycles every 3 or 6 months: you cannot get coverage for a different period.)

A. PERSONAL LIABILITY Covers liability established by the Courts as a result of death or injury caused by an accident for which the driver of your vehicle was guilty. The benefits are paid once the Obligatory Insurance is used up. Does not cover injury or death of family members or employees of the policy-holder or driver.

C. PROPERTY DAMAGE Covers damage to property (car, house, etc.) belonging to other people, if the accident was the fault of the driver of the insured vehicle. Excludes items being transported by the insured vehicle.

D. COLLISION Pays for the repair of the insured vehicle in case of collision or overturning: (a) if the accident was the fault of your driver, or (b) if the accident was not the fault of your driver but the other vehicle has no insurance and the owner cannot pay.

E. FIRE Covers damage to your vehicle caused by fire due either to internal factors such as short circuit, or to external factors such as lightning, or if the place where the vehicle is parked burns.

F. THEFT Covers total theft of the vehicle, or loss derived from the total theft. If it is recovered, policy pays for damage and/or missing parts. If not recovered within a month, the insured amount is paid or the vehicle is replaced. Does not cover non-factory accessories or personal items stolen from the vehicle.

H. ADDITIONAL RISKS Covers damage resulting from floods, wind, hurricanes, earthquakes, landslides, vandalism, explosions, collision with birds, falling objects, accidents within parking lots or private property, etc.

OTHER THINGS YOU SHOULD KNOW

LICENSE. Anyone with a valid license can drive. This means a Costa Rican license, or a foreign or international license if the driver last entered the country less than 90 days ago and is 18 or over.

OBLIGATORY. Obligatory insurance comes with vehicle registration and is paid in December along with the Road Tax. The coverage is minimal – please consider it another tax. The policy summarized here is optional, so nobody has authority to request to see your policy. But carry your policy number - it helps to have it handy if you have an accident.

INSPECTIONS. New insurance or increases require signatures and an inspection of the car, usually to include photographing. Inspections are also required on policy anniversary when the vehicle is 10 years old, and every year as of when it’s 15.

CHANGES OF OWNERSHIP. Insurance should be in the name of the legal owner of the car. If you sell the vehicle you can put your new car on the old policy. Alternatively, you can cancel the policy and a partial refund will be processed by INS after several weeks.

ABROAD. For cars with Costa Rican registration, coverage extends to all Central America and Panama.

DEDUCTIBLES. All coverages except "A" have standard deductibles. "A" has no deductible. Double deductible if the driver is under 22, in cases of vandalism, birds, or accidents in private property.

RENEWAL. Auto insurance is normally for six months, after which you have a grace period of 10 working days to pay for renewal. After that, you would have to apply for new insurance or reinstatement. If you have an accident in the grace period, renew before claiming.

ALCOHOL. Policy will not pay for accidents to vehicles being driven by persons under the influence of alcohol or drugs, even if the condition did not cause the accident. An alcohol count of 50mg or more in 100cc of blood will invalidate insurance coverage, except for liability coverages A and C.

EXCLUSIONS. Vehicles involved in any type of race, rally, riot, combat, or used for any illegal purpose. Vehicles being towed, or on certain ferries. Criminal liability incurred by the insured party.

ROADSIDE ASSISTANCE coverage is included free for vehicles less than 15 years old which have coverage "D". Call 800 800 7000 (toll free) if you have a flat, a dead battery, are out of gas, or need a tow truck.

 

I.N.S. HOME THEFT INSURANCE

I.N.S. HOME THEFT INSURANCE

COVERAGE Policy covers contents of the home appearing on a list, which is prepared by the applicant. List EVERYTHING within the house - not just high-risk items. Items in the garden, patios, terraces, etc. can be included, but there will be a surcharge.

NON-INSURABLE ITEMS. Jewelry, gems, precious metals, furs, securities, cash, motor vehicles, animals, collectors' items, documents, priceless artworks. INS has lately been refusing to cover firearms, video cameras, and laptop computers.

REQUIREMENTS FOR THE LIST. Preferably made out in Spanish, with MARKET VALUE in Colones for each item. Market value means your best estimate of how much it would cost to replace each item with one of a similar age and condition, purchased in Costa Rica. INS requires full description of electrical items, cameras, mowers, bikes, etc.: makes, models, and serial numbers. Save trouble by using generics, such as "ladies clothing, C.95,000" or "toys, C.75,000" or "kitchenware, C.45,000" or "65 cassettes with values ranging between C.500 and C.2,500, total C.35,000". As INS has the option to pay the insured value for each stolen item or to replace it with one of similar age and condition, take care not to overstate the values on your list - but you should revise them periodically to compensate for inflation, add new items, and delete ones that have been disposed of.

CLAIMS. INS pays in clear cases of burglary: there must be evidence of a break in or intimidation. A Police report is mandatory, with copy for INS. Claims for "lost" items are disregarded. Paperwork is considerable and settlements usually take about 60 days. Deductible is 10% of value of stolen items, minimum C.50,000 per break in.

DAMAGE FROM BREAKING AND ENTERING. If the home belongs to you, policy pays for damage done to the house by a thief, based on tradesmen's bills for repairs. This insurance does not cover vandalism.

PREMIUMS. Rate depends on the security and location of the home : there are discounts for good security, and surcharges for remote locations. Average rate is 1.3% per year, based on the total of the inventory list. Rates for secure homes in secure areas can go as low as 0.75%. Less protected homes in remote areas can go up to 1.5%. Add 13% Sales Tax to the premium.

LEAD TIME. Coverage usually begins 2-3 weeks after INS has received your signed application and list, and the home has been inspected by your agent.

MAIN POLICY PROVISIONS. If the home is to be unoccupied for more than 48 hours, it must be placed in the care of a guard and you must notify INS in writing one week in advance. If there is a break-in, you should advise INS or your Agent within office hours, as soon as possible

 

I.N.S. LIABILITY INSURANCE

I.N.S. LIABILITY INSURANCE

WHY. The purpose of a Liability policy is to protect you against lawsuits stemming from accidents occurring in the insured premises or during an insured activity. IMPORTANT: INS will not pay a Liability claim on your say-so - there must be a Court ruling and award.

WHAT DOES THE POLICY PAY FOR. Amounts determined by the Law Courts of Costa Rica to be paid to third parties (other people) in compensation for accidents causing personal injury, death, or property damage or loss. Policy can also cover legal costs if the Court rules that they should be paid by the insured.

WHO CAN GET INSURANCE. Anyone: homeowners, tour operators, hotels, restaurants, shops, food manufacturers, etc. Policy is based on a certain activity or premises, and if it foreseen that an accident may occur to a guest, consumer or client, a Liability policy may be advisable.

WHAT ARE THE COVERAGES. Two coverages are available :

Coverage A - Injury, loss of life and limb.

Coverage B - Damage or loss of property.

You can have separate limits for coverage A and Coverage B, but the usual is a Combined Limit, where INS will pay up to the insured limit, per accident, regardless of the breakdown of the award.

HOW MUCH INSURANCE. Try to visualize a worst-case scenario of what could happen in an accident: that is the recommended limit. Take into account, however, that in Costa Rica awards have not got out of hand, as in other countries, in regard to punitive damages, pain and suffering, deep pockets, etc.

HOW MUCH DOES A POLICY COST. The premium is a percentage of the insured amount, usually around 1% per year. The exact rate is fixed by INS on a case basis, per the perceived risk as described on the policy application, which has to be filled out by the Agent when visiting the premises. It is usual, also, for INS to send an inspector, before establishing the rate, to interview the applicant and corroborate the information on the application.

 

DOMESTIC WORKERS COMPENSATION:

BACKGROUND. Costa Rican labour law says that employers must provide two types of protection for their employees: (1) Social Security, which covers sickness, pregnancy, and non work-related accidents; (2) Workers’ Compensation ("Riesgos del Trabajo" or RT), which covers work-related accidents. If an employer fails to protect his employees, he is responsible for any events which otherwise would have been covered.

Social Security must be contracted with Caja Costarricense del Seguro Social ("La Caja"). RT is provided by INS.

For domestic workers, INS offers a special, cheaper version of RT, with less red tape: "Riesgos del Trabajo – Hogar", or RTH. The RTH policy can cover foreign workers, regardless or whether they are legal immigrants.

TWO OPTIONS. The standard RTH policy has two options. If your domestic arrangements do not conform to either, you should buy a normal RT policy directly from the most conveniently located INS office.

Option 1. Covers one full-time domestic employee (maid, servant, cook, housekeeper, etc. – but not a guard or driver) plus one other person (gardener, odd-job person, etc.) for up to five days per month. Yearly cost, C.9,950

Option 2. Covers two full-time domestic employees, plus one other person for up to five days per month. Yearly cost: C.17,900

APPLICATIONS. Your insurance Agent must fill out and you, the employer, must sign a form with your name and I.D. number. Form must also include the name(s) and cédula or I.D. number(s) of the full-time employee(s). The cover becomes effective once the premium is paid.

REPORTING. If your domestic staff changes during the insured year, you must notify INS. Also, every month you must report your payroll on a special form. It is usually convenient to send these reports to INS directly by fax.

ACCIDENTS. A form "Orden de Atención Médica" must be completed and signed by the employer. If the accident is serious, call 911. If not serious, send the employee (with the form) to the INS clinic near Hospital Mexico in San José.

 

I.N.S. MEDICAL INSURANCE POLICY

I.N.S. MEDICAL INSURANCE POLICY

WHO CAN BE INSURED? Anyone up to age 100, regardless of legal status in Costa Rica. Applicants over 70 must undergo an examination by an INS doctor. It takes INS about 3 weeks to study applications: you don´t pay until accepted.

WHAT DOES THE POLICY PAY FOR? Medical expenses due to sickness, accident. or childbirth. Ambulatory care up to 10% of the insured amount. Hospitalization including surgery, pre and post operative care, private room, food, support systems, intensive care, rehabilitation, ambulances, home care, therapy, medication, etc. In case of death, 50% of insured amount is paid to named beneficiary.

WHAT DOES IT EXCLUDE? Pre-existing conditions. Non-prescribed expenses. AIDS. VD. Medical expenses as a result of cataclysmic events, fighting except in self defense, speed and water sports, martial arts and other dangerous activities. Accidents when under the influence of alcohol or drugs. Mental or nervous disorders. Checkups. Allergies. Stress. Plastic surgery. Only accident-related eyeglasses, dentists' bills or reconstructive surgery are paid. Some ailments (e.g. ENT, women's reproductive organs, breasts, asthma, hernias, pregnancy, prostates) have a 12 month moratorium during which claims are not allowed.

HOW MUCH DOES IT COST? You can choose between 3 levels of insurance. Premiums depend on the level, and on age and sex of applicants. Some averages of yearly premiums:

Level -> - C.4 million C.6 million C.8 million
Men age 19 - 34 53,000 63,000 69,000
  35 - 49 81,000 96,000 107,000
  50 - 59 125,000 152,000 174,000
  60 - 75 243,000 310,000 366,000
Ladies 19 - 54 197,000 224,000 244,000
  55 - 64 260,000 294,000 316,000
  65 - 75 380,000 436,000 477,000
Minors up to 18 63,000 75,000 84,000

Group policies for companies to cover employees cost about 75% of individual rates. For associations or clubs, 10% off. Note: cost of renewal may increase if there is a high claim/premium ratio.

HOW DOES THE POLICY WORK? You are given a list of about 325 affiliated providers, including some of the best regarded private hospitals and clinics in Costa Rica; doctors, labs, pharmacies, etc. to whom you show a special card and pay only the deductible. If you go to non-affiliated providers, you pay the bills and, when healthy once again, submit to INS a claim form signed by you and your main doctor, attaching original receipts and corresponding prescriptions: INS will process the claim and pay after 3-6 weeks. Charges of non-affiliated doctors are not regulated, and the policy will only reimburse up to the amount INS allows for affiliated doctors.

DEDUCTIBLES? Usually 25% for medication, tests, hospital care, therapy, treatments, doctors' visits, specialists' fees, etc. and 30% for ultrasound. For surgery, policy pays 100% up to the regulated maximum. Deductible for claims involving treatment outside of Costa Rica, 40%

WHERE DOES THE POLICY APPLY? Although the policy purports to give worldwide coverage, from a practical standpoint it is of limited value outside Costa Rica.

 

BUSINESS INSURANCE: FIRE AND RELATED PERILS

 

APPLICATIONS. The Fire policy can cover commercial and industrial buildings, their contents, or both. The contents generally include fixed assets, such as machinery, furniture, leasehold improvements, computer equipment, and current assets such as inventories of raw and packaging materials, production in process, and finished goods.

BUILDINGS. Insured at the estimated cost of rebuilding, less depreciation (1% P.A. for noncombustible buildings, 2% for combustible).

REMOVABLE FIXED ASSETS – Machinery, furniture, equipment, etc. There are two options as to how these can be insured on the Fire policy:

At book value; i.e., the general ledger balance of each asset account, less any depreciation. In the event of a loss, the lower of the Actual Cash Value or the net Book Value (purchase price less depreciation) will be the adjusted value. If at the time of a claim the total net Book Value of the general account as per the ledger is found to be greater than the insured value, coinsurance will be applied as a global percentage of the shortfall on all assets claimed for. This method of valuation has as its main advantage the possibility of insuring without drawing up a list, but the combined effect of devaluation and the application of depreciation can very rapidly prove this valuation method as unsuitable.

At value per list of assets. A list of assets is drawn up, in which a description of each item, or group of items is valued, at Actual Cash Value (or replacement value, if that is the case). In the event of a claim, losses are adjusted based on the lesser between the insured value and the Actual Cash Value at the time of the claim. The insured must be able to prove ownership of the claimed asset.

INVENTORIES. These are insured at their book value, at landed or manufactured cost. It is possible to negotiate with INS for a policy on a reporting basis, where a provisional premium is paid in advance based on estimated inventory peaks, and then it is adjusted at the policy anniversary date following monthly inventory reports submitted to INS by the insured.

RENTERS. Unless specified in the rental contract, renters need not insure the buildings they occupy, but it behooves the renter to cover the premises for fire, in case of a conflagration caused by the renter or his employees.

LEASEHOLD IMPROVEMENTS. Insured at their actual cost per books. A description of the exact nature of the improvements must be provided.

COVERAGES. This insurance is of the "Named Peril" type. Coverage is for the specific events as defined in the clauses of the policy, and subject to certain rules and limitations. The coverages available are in addition to Coverage A, (Fire and Lightning), this coverage being mandatory if other coverages are desired. Available are the following:

Fire and lightning. (basic coverage.)

"Comprehensive". Damage caused by civil insurrection, strikes, vandalism, wind, hurricane, falling objects, explosion, and smoke.

Floods and landslides.

Earthquakes and tremors and resulting fire. Volcanic eruption and other natural disasters

Explosions.

Loss of benefits. This part of the commercial Fire policy provides for lost income to the owner of a property which is rendered unusable by an insured event.

Rain and spillage.

Business interruption. This insurance is an endorsement to the Fire policy, and insures for the loss derived from an occurrence insured on that policy. The coverage is generally determined based on the percentage of gross profits method (American method). The process to obtain business interruption insurance is complicated, and takes a several weeks to get coverage in position.

Window and glass damage.

PREMIUMS.

Computed as a percentage of the insured values. The rates depend on the nature of the business, the perceived degree of hazard, the type of construction and the condition of the building, and the location. Rates usually fall between 0.5% and 2% p.a. for ABCD coverages. To the premium add 13% for Sales Tax.

 

 

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