Discrimination and Insurance

Abstract

Private insurance is everywhere. As the primary device to reduce risk of loss and uncertainty, insurance is one of the most important institutions around us. It provides financial support in business and human life, it encourages safety and saving behaviors, and it provides security from catastrophic losses as well as peace of mind when aging. This chapter reviews private insurance as an institution complying with the fundamental requirements of justice, and specifically with fairness and non-discrimination norms. Article 5(1) of Council Directive 2004/113/EC of 13 December 2004 implemented the principle of equal treatment between men and women in the access to and supply of goods and services. The inconsistent treatment of discrimination by states' legislatures is further reflected in courts' interpretation of the statutory term, 'unfair discrimination'. For egalitarians, 'fair' practices mean 'just' or 'equal' practices, meaning that insurers should drop from their analysis and calculations any characteristics whose use is normatively repugnant, such as race or gender.

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