SAY NO TO AGEISM. ATTITUDES TO HEALTH AND AGE IN INSURANCE: SOME EQUALITY LAW PERSPECTIVES Mary Honan BL. Council Directive 2004/113/EC of 13 December 2004. Article 1 Purpose
ATTITUDES TO HEALTH AND AGE IN INSURANCE:
SOME EQUALITY LAW PERSPECTIVES
Mary Honan BL
The purpose of this Directive is to lay down a framework for combating discrimination based on sex in access to and supply of goods and services, with a view to putting into effect in the Member States the principle of equal treatment between men and women.
1. Member States shall ensure that in all new contracts concluded after 21 December 2007 at the latest, the use of sex as a factor in the calculation of premiums and benefitsfor the purposes of insurance and related financial services shall not result in differences in individuals' premiums and benefits.
2. Notwithstanding paragraph 1, Member States may decide before 21 December 2007 to permit proportionate differences in individuals' premiums and benefits where the use of sex is a determining factor… These Member States shall review their decision five years after 21 December 2007…
Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation - 2 July 2008
Article 1: Purpose
The main objective of the directive is to combat discrimination based on religion or belief, disability, age or sexual orientation and to put into effect the principle of equal treatment, outside the field of employment.
Scope: Goods and services, education, housing, etc.
Race colour, nationality, ethnic or national origins
Membership of the Traveller community
5.—(1) A person shall not discriminate in disposing of goods to the public generally or a section of the public or in providing a service, whether the disposal or provision is for consideration or otherwise and whether the service provided can be availed of only by a section of the public.
Section 5 (2)(d ):
differences in the treatment of persons in relation to annuities, pensions, insurance policies or any other matters
related to the assessment of risk where the treatment—
(i) is effected by reference to—
(I) actuarial or statistical data obtained from a
source on which it is reasonable to rely, or
(II) other relevant underwriting or commercial
(ii) is reasonable having regard to the data or other relevant
Relevant questions for Equality Tribunal: Was Mr Ross’ treatment effected by -
Complainant v Life Assurance Provider – S2009-033
[Life insurance cover for mortgage/disability]
Complainant v Life Assurance Provider – S2011-064
Mr A v Life Assurance Company - S2011-008
[Application for extension of income protection policy/disability]
Top-up of policy to E200,000 p.a. refused – Diabetes
Complainant v Insurance Company – S2008-045
[No appearance by complainants]
Some responses to Test-Achatshave been somewhat extreme, such as:
No evidence is yet apparent for such responses.
Assessment of risk should be based not on generalisations or stereotypes but on sound data – this is what Test-Achatsand similar decisions seek to ensure.