Court outlaws use of gender to assess risk

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Series Details 2.3.11
Publication Date 02/03/2011
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Gender should not be taken into account as a risk factor in insurance contracts, the European Court of Justice ruled on the 1 March 2011 in a case that will have big implications for car insurance and pension annuities.

The European Court agreed with an earlier opinion by the advocate general at the European Court of Justice that the concession of a 'derogation' or exemption from equality rules that insurers were given in 2007 in the EU gender directive are now superseded by higher ranking gender provisions set out in the Charter of Fundamental Rights in the Lisbon Treaty.

The rule of unisex premiums and benefits will apply with effect from 21 December 2012.

Henry Engelhardt, Chief Executive of Admiral said that the Court had confused 'equal' with 'the same' treatment. Men and women got equal treatment in the way their statistics and risk factors were assessed, but that did not produce the same results for their insurance prices.

Related Links
Deutsche Welle, 4.3.11: European court ruling could impact insurance for men and women alike http://www.dw-world.de/dw/article/0,,14887514,00.html
BBC News, 1.3.11: Insurance and pension costs hit by ECJ gender ruling http://www.bbc.co.uk/news/business-12606610
ECJ: Press Release, No.12, 2011: Judgment in Case C-236/09. Association belge des Consommateurs Test-Achats ASBL and Others v Conseil des ministres http://curia.europa.eu/jcms/upload/docs/application/pdf/2011-03/cp110012en.pdf
Deutsche Welle, 1.3.11: EU court bans gender as basis for insurance cost http://www.dw-world.de/dw/article/0,,14881336,00.html
European Commission: Memo/11/123: Sex Discrimination in Insurance Contracts: Statement by European Commission Vice-President Viviane Reding, the EU’s Justice Commissioner, on the European Court of Justice's ruling in the Test-Achats case http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/11/123&format=HTML&aged=0&language=EN&guiLanguage=en
EUObserver, 2.3.11: EU court bans cheap insurance for women http://euobserver.com/9/31902
Test-Achats: Press Release, 1.3.11: Assurances et discrimination : le principe d’égalité des sexes est absolu ! http://www.test-achats.be/assurances/assurances-et-discrimination-le-principe-d-egalite-des-sexes-est-absolu-s707083.htm
EurActiv, 2.3.11: EU court rules in favour of 'unisex' insurance http://www.euractiv.com/socialeurope/eu-court-rules-favour-unisex-insurances-news-502658
Open Europe; Briefing Note, February 2010: ECJ ruling could cost young women drivers an extra £4,300 http://www.openeurope.org.uk/Content/Documents/PDFs/ECJgenderdirective.pdf
Open Europe: Press Summary Archive, 1.3.11: Open Europe: EU ruling could increase insurance costs by £1bn from 2012 http://www.openeurope.org.uk/Article/Page/en/LIVE?id=1286
ABI: Press Release, 1.3.11: European Court of Justice gender ban is disappointing news for UK insurance customers says the ABI http://www.abi.org.uk/Media/Releases/2011/03/European_Court_of_Justice_gender_ban_is_disappointing_news_for_UK_insurance_customers_says_the_ABI_1.aspx

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