Public Appeals Public appeals Contents 1. Introduction – Data for 2003 ...................................................................................... 3 2. Multi-year trends in the scope of appeals .................................................................... 5 A. Multi-year trends in the distribution of appeals relating to insurance, provident funds and pensions ................................................................................................ 5 B. Multi-year trends in the scope of appeals relating to insurance ............................. 6 C. Multi-year trends in the scope of appeals relating to provident funds and pensions ........... 7 3. Decision categories of the complaints ......................................................................... 8 A. Distribution of complaints relating to insurance ................................................... 8 B. Distribution of complaints relating to provident and pension funds ...................... 15 4. Rating insurance companies according to the criterion of public complaints that were resolved in 2003 ........................................................................................... 17 Appendices........................................................................................................................ 23 Table J-1 Table J-2 Table J-3 Table J-4 Table J-5A Table J-5B1 Table J-5B2 Table J-5C Table J-6 Table J-7 Comparison of Data About Appeals in All Fields, 2003 Versus Previous Years ........................................................................................... 5 Distribution of Handling Periods for Complaints Closed in 2003 ............ 6 Appeals Processed and Closed – Multi-Annual Comparison in the Insurance Field, 1999-2003 ....................................................................... 6 Number of Appeals Processed and Closed – Multi-Annual Comparison in the Provident and Pension Fund Fields, 1999-2003.............................. 7 Distribution of Complaints Closed in the Insurance Field, 2001-2003..... 8 Distribution of Resolved Complaints in the Insurance Field, 2001-2003.................................................................................................. 8 Distribution of Substantial Complaints in the Insurance Field, 2001-2003.................................................................................................. 9 Distribution of Unresolved Complaints in the Insurance Field, 2001-2003.................................................................................................. 9 Distribution of Resolved Complaints in Selected Lines of the I nsurance Field, 2002-2003 ........................................................................ 12 Distribution of Complaints in the Provident and Pension Fund Fields, 2002-2003.................................................................................................. 15 ± Annual Report 2003 List of Tables Chart J-7a Chart J-7b Table J-8 Table J-9 Table J-10 Table J-11 Distribution of Decisions Relating to Provident Funds and Pension Funds Where a Position Was Taken, 2001-2003 ....................................... 16 Distribution of Decisions Relating to Provident Funds and Pension Funds Where No Position Was Taken, 2001-2003 .................................... 16 Rating of Insurance Companies by Substantial Complaints in All Insurance Lines, 2003 ............................................................................... 19 Rating of Insurance Companies by Substantial Complaints in Life Insurance, 2003 ......................................................................................... 20 Rating of Insurance Companies by Substantial Complaints in Non-Life Insurance, 2003 ......................................................................... 21 Rating of Insurance Companies by Substantial Complaints in Vehicle (Property) Insurance - Comprehensive and Third Party, 2003 ..... 22 List of Charts Chart J-5a Chart J-5b Chart J-5c Chart J-6a Chart J-6b Chart J-6c Distribution of Complaints in the Insurance Sphere Where a Position Was Taken in 2001-2003 ........................................................................... 10 Distribution of Complaints in the Insurance Sphere Where No Position Was Taken in 2001-2003 ........................................................................... 10 Distribution of Complaints in the Insurance Sphere Found to be Justified in 2001-2003 ............................................................................................. 11 Distribution of Appeals Opened in Selected Lines in the Insurance Sphere in 2003 ........................................................................................... 13 Distribution of Justified Decisions in Selected Lines in the Insurance Sphere in 2003 ........................................................................................... 13 Distribution of Partially Justified Decisions in Selected Lines in the Insurance Sphere in 2003 .......................................................................... 14 Public appeals 1. Introduction – Data for 2003 This report presents a statistical analysis of the data for 2003, compared with the data for 2001-2002 (the period from January 1 to December 31 in each year). The category of "appeals" includes all appeals sent to the Public Appeals Unit: complaints, questions for clarification and copies forwarded to the Commissioner of Insurance of complaints that were sent directly to the supervised bodies. The category "complaints" includes only appeals complaining of a specific action by a supervised body. The category "questions for clarification" includes only queries to which the Public Appeals Unit responded. The category "copies of complaints" includes only copies forwarded to the Insurance Commissioner of complaints that had been sent directly to the supervised bodies. The complaints are resolved and classified under different decision categories.1 1. For explanations of the decision categories, see Appendix B. ≥ Annual Report 2003 The statistics presented in the report are based on the number of complaints received, unless stated otherwise. In 2003, the Public Appeals Unit received 3,849 appeals, including 2,347 complaints, 662 questions for clarification and 813 copies of complaints. In 2002, the Unit received 2,762 appeals, including 1,441 complaints, 503 questions for clarification and 818 copies of complaints. The total number of appeals received in 2003 represents a 39% increase in comparison with 2002. The number of complaints increased by 65%, the number of questions for clarification increased by 32% and copies of complaints dropped by 1%. Appeals concerning the insurance and provident fund spheres were distributed as follows: 3,423 appeals refer to the insurance sphere and 426 appeals refer to pension and provident funds. This distribution among insurance and provident funds is similar to that noted last year. In the insurance sphere, the distribution according to lines and secondary lines indicates a significant increase in complaints regarding home/property insurance (fire and associated risks), where there was an increase of 63% compared with 2002 (163 complaints in 2003 versus 100 complaints in 2002). An increase was also noted in the area of business insurance. Taken together, these two spheres had an average increase of 62% in the number of complaints (with 189 complaints in 2003 compared to 117 in 2002). There was also an increase in Annual Report 2003 The Capital Market, Insurance and Saving Division the number of complaints relating to life insurance (individual and executive insurance), continuing the upward trend that began in 2001. The number of complaints pertaining to life insurance (individual) rose by 30% (296 complaints in 2003 versus 228 in 2002), and the number of complaints pertaining to executive insurance rose by 56% (153 complaints in 2003 versus 98 in 2002). The average escalation in these two spheres came to 38%. The number of complaints relating to health insurance did not decrease. There was a rising trend in the number of complaints in this sphere in 2002, compared with 2001; but this year there was a negligible increase of only 1% (341 complaints in 2003 compared with 336 in 2002). In the sphere of motor vehicle insurance (property), there was a slight increase of 5% (697 complaints in 2003 compared with 664 in 2002). It should be noted that the increase in number of complaints, which characterized the period between 1996 and 2000, has been checked in the last few years. In cases of complaints against more than one body, it is now possible to open a separate file against each complainee (i.e., against several insurance companies, insurance agencies or agents). Each complaint file can be handled separately and a different decision can be given regarding each party. We therefore divided the data into "complaints" (the overall number of complaints filed) and "complaints against supervised bodies" (the number of files opened against specific parties). In light of this change the number of "complaints" files opened in 2003 was 2,374, and the number of "complaints against supervised bodies" was 2,695. This indicates that some complaints were lodged against more than one supervised body. The statistics presented in this report are based on the overall number of complaints and not on the number of files opened against specific parties, since the latter type of data cannot be compared to data from 2002, since it was not yet possible to file separate complaints against different supervised bodies. The data on the distribution of "complaints where no position was taken" includes a new subcategory: "inactivity on the part of the complainant." This category includes cases in which the complainant failed to supply all the documents needed to process the complaint, and which were closed after the allotted time-period expired. Some of the files in the category "unresolved cases" included several sub-categories where no position was taken, because sometimes they were difficult to classify more accurately. ¥ Annual Report 2003 Public appeals 2. Multi-year trends in the scope of appeals A. Multi-year trends in the distribution of appeals relating to insurance, provident funds and pensions Table J-1 Comparison of Data About Appeals in All Fields, 2003 Versus Previous Years Yearly distribution of appeals 2001 No. % Open appeals from previous years at the beginning of each year 2387 41 2002 No. % 1 2818 51 2003 No. % 2662 41 Open appeals against supervised bodies from previous years2 Appeals received in the course of each year 3498 59 2762 49 Appeals received against supervised bodies in the course of each year Total active appeals each year 5885 100 5580 100 Total active appeals each year against supervised bodies 2662 39 3849 59 4170 61 6511 100 6832 100 Distribution of appeals opened and closed in the course of each year 2001 Opened No. 2002 Closed Opened 2003 Closed Opened Closed % No. % No. % No. % No. % 2653 76 2295 74 1441 52 1545 55 2374 62 3764 70 Clarifica-tion inquiries 461 13 417 14 503 18 512 18 662 17 676 13 Copies of complaints 384 11 374 12 818 30 772 27 813 21 922 17 Complaints No. % 3498 100 3086 100 2762 100 2829 100 3849 100 5362 100 Distribution of appeals closed in the course of each year 2001 2002 2003 No. % No. % No. % Total complaints closed each year 2295 100 1545 100 3764 100 Resolved complaints 1485 65 927 60 2161 57 Unresolved complaints 810 35 618 40 1603 43 Total appeals open at the end of each year 2001 2002 2003 No. No. No. 2799 2751 1149 Source: Public Appeals Unit, Capital Market, Insurance and Savings Division Footnotes: 2. Included in the number of pending complaints at the beginning of 2002 were 739 appeals received in 2001 and recorded in the beginning of 2002 3. Until 2003 the number of appeals received was identical to the number of complaints against supervised bodies. µ Annual Report 2003 Total appeals Annual Report 2003 The Capital Market, Insurance and Saving Division Table J-2 Distribution of Handling Periods for Complaints Closed in 2003 Complaint’s handling period One month 2 months 3 months 4 months 5 months 6 months 7 months 8 months 9 months 10 months 11 months 12 month One year or more Total Number Percent 473 202 184 199 184 197 195 297 261 207 233 145 987 3764 13% 5% 5% 5% 5% 5% 5% 8% 7% 6% 6% 4% 26% 100% Cumulative percent 13% 18% 23% 28% 33% 38% 43% 51% 58% 64% 70% 74% 100.00% Source: Public Appeals Unit, Capital Market, Insurance and Savings Division B. Multi-year trends in the scope of appeals relating to insurance Table J-3 Appeals Processed and Closed – Multi-Annual Comparison in the Insurance Field, 1999-2003 Year Appeals processed3 1999 2000 2001 2002 2003 2,485 3,014 2,555 3,201 3,423 Rate of change in number of appeals processed versus previous year (%) 13 21 -15 25 7 Appeals closed4 2,027 2,624 2,777 2,628 4,778 Rate of change in number of appeals closed versus previous year (%) 11 29 6 -5 82 Source: Public Appeals Unit, Capital Market, Insurance and Savings Division Footnotes: 4. This data refers to complaints that were closed by December 31 of each year and also include complaints recorded in previous years. 5. This data refers to complaints there were received by December 31 of each year and does not include complaints that were received until that date but were not yet recorded, except in 2002 and 2003, when all complaints received were recorded. ∂ Annual Report 2003 Public appeals C. Multi-year trends in the scope of appeals relating to provident funds and pensions Table J-4 Number of Appeals Processed and Closed – Multi-Annual Comparison in the Provident and Pension Fund Fields, 1999-2003 Year 1999 2000 2001 2002 2003 Appeals processed5 206 201 204 300 426 Appeals closed6 250 204 309 201 584 Source: Public Appeals Unit, Capital Market, Insurance and Savings Division ∑ Annual Report 2003 Footnotes: 6. See Footnote 5, above. 7. See Footnote 4, above. Annual Report 2003 The Capital Market, Insurance and Saving Division 3. Decision categories of the complaints A. Distribution of complaints relating to insurance Table J-5A Distribution of Complaints Closed in the Insurance Field, 2001-2003 2001 2002 2003 No. % No. % No. % Total complaints closed each year 2012 100 1391 100 3316 100 Total resolved complaints 1119 56 754 54 1823 55 Total unresolved complaints 893 44 637 46 1493 45 Source: Public Appeals Unit, Capital Market, Insurance and Savings Division Table J-5B1 Distribution of Resolved Complaints in the Insurance Field, 2001-2003 2001 2002 2003 No. % No. % No. % Total resolved complaints 1119 100 754 100 1823 100 Total substantial complaints (total number of justified and partially justified complaints) 677 61 439 58 1119 61 Complaints resolved as unjustified 442 39 315 42 705 39 Source: Public Appeals Unit, Capital Market, Insurance and Savings Division ∏ Annual Report 2003 Public appeals Table J-5B2 Distribution of Substantial Complaints in the Insurance Field, 2001-2003 2001 2002 2003 No. % No. % No. % Total substantial complaints 677 100 439 100 1119 100 Justified complaints 103 15 99 23 137 12 Partially justified complaints 574 85 340 77 982 88 Source: Public Appeals Unit, Capital Market, Insurance and Savings Division Table J-5C Distribution of Unresolved Complaints in the Insurance Field, 2001-2003 2001 2002 2003 No. % No. % No. % Total unresolved complaints 893 100 637 100 1493 100 Ended without resolution 753 84 387 61 732 49 Ended due to factual dispute 47 5 142 22 376 25 Ended due to legal proceedings 25 3 53 8 120 8 Complaints not in the purview of the Commissioner of Insurance 68 8 55 9 68 5 Inactivity on the part of the complainant - - - - 127 8 Other - - - - 70 5 π Annual Report 2003 Source: Public Appeals Unit, Capital Market, Insurance and Savings Division Annual Report 2003 The Capital Market, Insurance and Saving Division Chart J-5a Distribution of Complaints in the Insurance Sphere Where a Position Was Taken in 2001-2003 (percent) ±∞∞• π∞• ∏∞• Complaints resolved as unjustified ∑∞• ∂∞• Partially justified complaints µ∞• ¥∞• Justified Complaints ≥∞• ≤∞• ±∞• ∞• ≤∞∞± ≤∞∞≤ ≤∞∞≥ Source: Public Appeals Unit, Capital Market, Insurance and Savings Division Chart J-5b Distribution of Complaints in the Insurance Sphere Where No Position Was Taken in 2001-2003 (percent) ±∞∞• Other ∏∞• Inactivity on the part of the complainant ∂∞• Complaints not in the purview of the Commissioner of Insurance ¥∞• Ended due to legal proceedings Ended due to factual disputs ≤∞• Ended without resolution ∞• ≤∞∞± ≤∞∞≤ ≤∞∞≥ Source: Public Appeals Unit, Capital Market, Insurance and Savings Division ±∞ Annual Report 2003 Public appeals Chart J-5c Distribution of Complaints in the Insurance Sphere Found to be Justified in 2001-2003 (percent) Partially justified complaints Justified complaints ±∞∞• π∞• ∏∞• ∑∞• ∂∞• µ∞• ¥∞• ≥∞• ≤∞• ±∞• ∞• ≤∞∞± ≤∞∞≤ ≤∞∞≥ ±± Annual Report 2003 Source: Public Appeals Unit, Capital Market, Insurance and Savings Division ±≤ Annual Report 2003 26 120 114 35 Unresolved Factual dispute 2002 No. % 2003 No. % 0 - 2 - 54 15 70 95 261 290 420 4 1 6 8 21 24 34 2002 No. % 2003 No. % Managers’ insurance Health (health, nursing, Homeowners and personal accidents and businesses hospitalization) 2002 2003 2002 2003 No. % No. % No. % No. % 27 127 30 26 28 60 27 57 28 - 5 5 30 43 - 3 3 16 22 12 7 5 57 92 3 2 1 14 22 - 4 0 9 24 - 4 0 10 25 3 3 5 22 56 1 1 2 10 25 - 5 6 17 52 - 2 3 8 25 44 23 95 23 25 27 67 30 45 22 Distribution of complaints that ended and were unresolved: 52 Source: Public Appeals Unit, Capital Market, Insurance and Savings Division 7 30 8 24 27 127 Legal proceedings Not in the department’s purview Inactivity of complainant 2003 No. % Life (individual) 18 4 10 86 93 101 152 4 1 2 17 18 20 30 - 7 2 20 20 25 23 - 7 2 20 20 24 22 9 15 14 28 36 58 74 4 6 6 11 15 24 30 664 100 697 100 228 100 296 100 98 100 153 100 336 100 341 100 117 100 189 100 467 100 1229 100 190 100 416 100 94 100 225 100 206 100 506 100 102 100 245 100 Distribution of complaints that ended and were resolved: 39 8 24 2 11 6 21 5 6 6 9 4 24 12 42 8 5 5 11 4 2002 No. % Vehicle (property) Justified Partially justified Unjustified Opened Closed Distribution of decisions (see Chart J-6A) Table J-6 Distribution of Resolved Complaints in Selected Lines of the Insurance Field, 2002-2003 Annual Report 2003 The Capital Market, Insurance and Saving Division Public appeals Chart J-6a Distribution of Appeals Opened in Selected Lines in the Insurance Sphere in 2003 No. of complaints ∂∞∞ µ∞∞ Life ¥∞∞ Property (fire and associated risks) Vehicle ≥∞∞ Personal accidents ≤∞∞ Nursing Nursing Other Travelers abroad Other Property damage - third party Bodily injury Comprehensive Business insurance Homeowners' insurance Other Individual insurance ∞ Managers ±∞∞ Source: Public Appeals Unit, Capital Market, Insurance and Savings Division Chart J-6b Distribution of Justified Decisions in Selected Lines in the Insurance Sphere in 2003 ≥∞ Life ≤∞ Property (fire and associated risks) ±µ Vehicle ±∞ Personal accidents µ Nursing Other Travelers abroad Other Property damage - third party Bodily injury Comprehensive Business insurance Homeowners' insurance Other Managers Nursing Individual insurance ∞ Source: Public Appeals Unit, Capital Market, Insurance and Savings Division ±≥ Annual Report 2003 No. of complaints ≤µ Annual Report 2003 The Capital Market, Insurance and Saving Division Chart J-6c Distribution of Partially Justified Decisions in Selected Lines in the Insurance Sphere in 2003 No. of complaints ≥∞∞ ≤µ∞ Life ≤∞∞ Property (fire and associated risks) ±µ∞ Vehicle ±∞∞ Personal accidents µ∞ Source: Public Appeals Unit, Capital Market, Insurance and Savings Division ±¥ Annual Report 2003 Nursing Other Travelers abroad Other Property damage - third party Bodily injury Comprehensive Business insurance Homeowners' insurance Other Managers Individual insurance ∞ Nursing Public appeals B. Distribution of complaints relating to provident and pension funds Table J-7 Distribution of Complaints in the Provident and Pension Fund Fields, 2002-2003 2002 Complaints opened in the course of the year 2003 No. % No. % 245 100 292 100 448 100 51 29 144 23 13 64 191 4 2 85 2 1 17 8 8 3 3 1 Complaints closed in the course of the year 154 100 Distribution of resolved complaints: Justified complaints 12 13 Partially justified complaints 7 8 Unjustified complaints 72 79 Distribution of unresolved complaints: Complaints without resolution 53 84 Ended due to factual dispute 2 3 Ended due to legal proceedings 0 0 Complaints not in the purview of the 8 13 Commissioner of Insurance Inactivity on the part of the complainant Other - ±µ Annual Report 2003 Source: Public Appeals Unit, Capital Market, Insurance and Savings Division Annual Report 2003 The Capital Market, Insurance and Saving Division Chart J-7a Distribution of Decisions Relating to Provident Funds and Pension Funds Where a Position Was Taken, 2001-2003 (percent) ±∞∞• ∏∞• Unjustified complaints ∂∞• Partially justified complaints ¥∞• Justified complaints ≤∞• ∞• ≤∞∞± ≤∞∞≤ ≤∞∞≥ Source: Public Appeals Unit, Capital Market, Insurance and Savings Division Chart J-7b Distribution of Decisions Relating to Provident Funds and Pension Funds Where No Position Was Taken, 2001-2003 (percent) ±∞∞• Other π∞• Inactivity of complainant ∏∞• ∑∞• Complaints not in purview of commissioner ∂∞• µ∞• Ongoing legal proceedings ¥∞• ≥∞• Factual dispute ≤∞• Complaints without resolution ±∞• ∞• ≤∞∞± ≤∞∞≤ ≤∞∞≥ Source: Public Appeals Unit, Capital Market, Insurance and Savings Division ±∂ Annual Report 2003 Public appeals 4. Rating insurance companies according to the criterion of public complaints that were resolved in 2003 The Public Appeals Unit of the Capital Markets, Insurance and Savings Division has published a rating of insurance companies since 1999, based on public complaints that were resolved. Until 2001 the rating dealt only with complaints in the sphere of motor vehicle (property) insurance – comprehensive and third party insurance. Since 2002 the rating has been expanded, and now includes four cross-sections: A. Rating of all insurance lines B. Rating of the life insurance line C. Rating of general insurance2 D. Rating of motor vehicle (property) insurance – comprehensive and third party insurance 2. Included in the "general insurance" category are all insurance lines that are not life insurance, including the health insurance, nursing insurance and vehicle (property) insurance lines. ±∑ Annual Report 2003 The criterion used to calculate the rating is "substantial complaints." This category includes complaints that were found to be justified, as well as complaints that were "partially justified" and had been categorized in the past as "not refused." The main reason for doing so is that a thorough investigation was conducted of the arguments presented in complaints that were decided as being justified and those classified as being "partially justified," either by the Unit or by the insurance company. Thus, even complaints that the insurance company felt could be appealed for whatever reason, whether the Public Appeals Unit had discussed the complaint or not, could be assumed to be substantial and partially justified. Therefore, anywhere the term "complaints" is used below, this refers to public complaints that were found to be substantial. Complaints that were decided as being justified were given a double weighting. This means that every complaint that was found to be justified was counted as two complaints. By so doing, we hope to add an element of seriousness to the complaints classified as being justified compared with those categorized as partially justified. In the tables below, the number of complaints "that were justified" is the total number of complaints after giving these complaints their double weighting. In the first stage the ratio was calculated between the number of justified and partially Annual Report 2003 The Capital Market, Insurance and Saving Division justified complaints filed against each company, and the (gross) insurance premium the company collected ("company ratio"). A similar ratio was then computed between the number of complaints and the total number of companies in the same insurance line cross-section, that is, the total number of justified and partially-justified complaints, and the total (gross) insurance premiums collected by the companies included in that insurance line cross-section ("total industry ratio"). In the second stage, the ratio obtained in the first stage was standardized for the total industry ratio by dividing company ratio by the total industry ratio. This helped define an indicator whose numerical value was placed at 1. Now the position of each insurance company can be defined relative to that indicator. The lower the number obtained after standardization is than 1 – the better the rating. The higher the number obtained after standardization is than 1 – the worse the rating. To make the matter easier for the reader to see, a boldface line is drawn across the company data in each table showing where the indicator is with the value of 1 in the rating. Companies rated lower than 1 are found below the line, while companies rated higher than 1 are found above the line. The companies are listed in each table such that companies with a worse rating appear at the top of the table. Although we felt it more appropriate to compute the ratings on the basis of absolute numbers of policies and claims, this was not possible due to a lack of available and reliable information. Therefore, we had to prepare the ratings in the manner described. It should be emphasized that this rating has an element of relativity, since in smaller companies the relative effect of a small number of complaints is greater compared with the relative effect of the same number of complaints on larger companies. This is particularly evident when the absolute number of complaints is identical but the rating is different. We were unable to cancel out this effect, and the reader must take this fact into account regarding each insurance company’s position in the rating. We reiterate that the rating should not be the sole factor one takes into account when choosing an insurance company. The premium being charged is just as important as other factors when formulating a decision, such as the service the company provides the insured, the scope of the different types of insurance coverage, expansion of coverage and recommendations from relatives and friends. ±∏ Annual Report 2003 Public appeals Table J-8 Rating of Insurance Companies by Substantial Complaints in All Insurance Lines, 2003 Company name Number of substantial complaints7 Rating Dikla 44 39 27 77 128 225 89 40 103 3.823 2.953 2.391 2.104 1.283 1.220 1.178 1.077 AIG Shirbit ILDC Menorah Harel Hadar Eliahu Phoenix Average Shomera Aryeh IDI Direct Insurance Ayalon Migdal Clal Hamagen Agricultural Insurance Total 6 38 21 40 138 123 11 3 1152 1.064 1.000 0.865 0.847 0.792 0.780 0.712 0.585 0.281 0.229 Source: Based on data from the insurance companies and the Public Appeals Unit, Capital Market, Insurance and Savings Division ±π Annual Report 2003 Footnotes: 9. Justified complaints = 2 complaints. Annual Report 2003 The Capital Market, Insurance and Saving Division Table J-9 Rating of Insurance Companies by Substantial Complaints in Life Insurance, 2003 Company name Number of substantial complaints8 Rating Menorah 57 2.297 ILDC 12 2.282 Harel 60 1.674 Hadar 23 1.249 Average 1.000 Phoenix 22 0.888 Aryeh 6 0.842 Clal 31 0.565 Migdal 41 0.565 Hamagen 4 0.323 Total 256 Source: Based on data from the insurance companies and the Public Appeals Unit, Capital Market, Insurance and Savings Division Note: For statistical reasons, this rating includes insurance companies whose premium rates in this line are at least 2%. For this reason, the following companies are not included in this rating: AIG, IDI – Direct Insurance, Ayalon and Eliahu. The total number of substantial complaints regarding these companies was 10. 10. Justified complaint = 2 complaints. ≤∞ Annual Report 2003 Public appeals Table J-10 Rating of Insurance Companies by Substantial Complaints in Non-Life Insurance, 2003 Company name Number of substantial complaints9 Rating Dikla10 44 38 65 27 97 81 66 165 2.728 2.132 1.768 1.706 1.365 1.205 1.200 AIG ILDC Shirbit Migdal Phoenix Hadar Harel Average Menorah Eliahu Aryeh Clal Ayalon Shomera IDI Direct Insurance Hamagen Agricultural Insurance Total 71 34 32 92 39 6 19 7 3 886 1.035 1.000 0.996 0.768 0.741 0.643 0.634 0.617 0.549 0.340 0.163 Source: Based on data from the insurance companies and the Public Appeals Unit, Capital Market, Insurance and Savings Division ≤± Annual Report 2003 Footnotes: 11. Justified complaint = 2 complaints. 12. The Dikla Insurance Company handles health insurance only, and her share in this line was about 16% of the total insurance premiums. In contrast, Dikla’s share in the total insurance premiums in the general insurance line was only some 1.8%. Furthermore, the number of insured with the company is particularly high compared with the number of insured with other companies. The company is included in this rating due to the high number of substantial complaints filed against it. This should be taken into account when examining Dikla’s relative position in the rating. Annual Report 2003 The Capital Market, Insurance and Saving Division Table J-11 Rating of Insurance Companies by Substantial Complaints in Vehicle (Property) Insurance - Comprehensive and Third Party, 2003 Company name Number of substantial complaints11 Rating AIG 33 2.917 Aryeh 27 1.702 Shirbit 18 1.500 ILDC 38 1.478 Menorah 53 1.459 Migdal 24 1.142 Average 1.000 Eliahu 31 0.975 Hadar 36 0.961 Ayalon 30 0.905 Harel 58 0.846 Clal 37 0.731 Shomera 5 0.664 Phoenix 18 0.556 IDI Direct Insurance 15 0.516 Agricultural Insurance 3 0.407 Hamagen 3 0.340 Total 451 Source: Based on data from the insurance companies and the Public Appeals Unit, Capital Market, Insurance and Savings Division Footnotes: 13. Justified complaint = 2 complaints. ≤≤ Annual Report 2003 Public appeals ≤≥ Annual Report 2003 Appendices Annual Report 2003 The Capital Market, Insurance and Saving Division Appendix Explanations for the decision categories in public complaints3 A. Justified complaints The category of "justified complaints" includes specific complaints filed against supervised bodies that were found to be justified following an investigation by the Public Appeals Unit. In these cases, the supervised body is required to correct the irregularity, usually according to operative instructions given with respect to the specific case in question. Sometimes the supervised body is required to correct a general irregularity brought to light in the complaint and which pertains to all its clients. Supervised bodies subject to the Regulation of Insurance Business (Control) Law – 1981 are required to comply with the operational instructions unless they have appealed to the District Court, as specified in Section 102 of the Law. Findings arising from the investigations of justified complaints may, at times, yield general decisions that apply to all supervised bodies. B. Partially-justified complaints The category of "partially justified complaints" was introduced in the beginning of 1998, when new system for handling public complaints was adopted. It includes all cases in which the complainee, after being notified of the complaint and reviewing it, undertook to implement the results of the complaint without a decision from the Insurance Commissioner and without a determination as to the corrective measures to be taken. The purpose of this category is to encourage insurance companies to correct the irregularities revealed by the complaints without waiting for a ruling from the Commissioner of Insurance. One of the main accomplishments of the Public Appeals Unit is the change that has taken place in the companies’ attitude towards complaints and those who file them. Today, the companies attempt to investigate the complaints on their own and offer a quick solution to the client’s satisfaction. The appointment of ombudsmen in the insurance companies has greatly expedited the handling of complaints, since there is now a single party who is authorized to handle public complaints for the company, and who notifies the relevant departments or agents and coordinates all actions to be taken. This ombudsmen handle all contact both with the client and with the Public Appeals Unit of the Capital Market, Insurance and Savings Division. 3. See Chapter One for explanations for additional decision categories added this year ≤¥ Annual Report 2003 Public appeals Many complaints that are classified as "partially justified" ("not rejected") are cases that were handled by the company after receiving notice from the Insurance Commissioner. The company often handles complaints pertaining to a matter that was addressed in one of the Unit’s "general rulings" as part of its attempts to comply with these general rulings. Frequently, after receiving the response of the insurance companies, the Public Appeals Unit holds discussions with company representatives, legal advisors and the company ombudsmen. Following these discussions, the companies often agree to comply with the insured’s request even before the investigation is completed. This type of complaint is also categorized as "partially justified." C. Unjustified complaints This category includes cases where it was found that the supervised body complied with the law, the circulars sent out by of the Insurance Commissioner or instructions contained in the general rulings. After it is determined that the complainee has complied with all relevant laws and regulations, the complaint is ruled as unjustified. D. Answered questions and clarifications The Public Appeals Unit also receives appeals that do not contain a complaint about a specific insurance transaction or about actions of a specific supervised body, but general questions regarding rules or principles. These queries do not require notification of the supervised body since the answers are based on the law, the regulations, the Commissioner’s circulars, or previous general rulings regarding the issue in question. F. Complaints involving a factual dispute These are complaints that cannot be resolved without accepting one version of the facts and rejecting the other. If it is impossible to accept the version of the complainant over the ≤µ Annual Report 2003 E. Complaints that are not in the Insurance Commissioner’s purview. These complaints are forwarded to the party authorized to handle them. For example: complaints against financing companies regarding terms of a contract between the company and the financing recipient (leasing transaction) are transferred to the Ministry of Industry and Trade or to the Ministry of Justice. Complaints regarding the professional actions of a vehicle adjustor are transferred to the Ministry of Transport, and complaints against banks are forwarded to the Bank of Israel. Annual Report 2003 The Capital Market, Insurance and Saving Division version of the complainee due to lack of evidence, the case is classified as "irresolvable due to a factual dispute," and the complainant is advised to file a legal claim or to initiate a process of mediation with the complainee. G. Complaints regarding matters being adjudicated These are cases that are closed by the Public Appeals Unit when it emerges that they are in process of being adjudicated between the complainant and complainee (by a court of law or an arbitrator), and the Unit has no reason to interfere in these proceedings, according to Section 60(b) of the Regulation of Insurance Business (Control) Law – 1981. H. Unresolved complaints This category includes cases that were closed. More precisely, it includes several types of complaints that were not resolved, and which are difficult to classify in any other subcategory. I. Cases that were closed due to inactivity on the part of the complainant These are cases in which the complainant was requested by the Unit to produce additional documents in order to resolve his complaint, but the complainant failed to do so, thereby preventing the Unit from completing its investigation. ≤∂ Annual Report 2003