On lies and statistics the relationship between g

Authors: Eugenia Caracciolo di Torella

Publish Date: 2011/03/25

Volume: 12, Issue: 1, Pages: 59-70

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Abstract

The relationship between the principle of gender equality and insurance has always been a difficult one On the one hand gender equality is a fundamental principle of European Union law on the other hand it is common practice among insurance companies to divide men and women into different pools in order to determine insurance risks At the moment the solution lies in the unsatisfactory compromise encapsulated in Article 5 of the Goods and Services Directive This note aims at exploring this compromise in the light of inter alia the recent opinion of the Advocate General in the Test Achat case In the light of the difficulties surrounding this area it argues that a more effective way to address this area might be to draft a more stringent optout clause rather than a complete ban on itI am indebted to all the participants to the Annual Conference on Insurance Law 2010 ERA Trier where the ideas in this paper were first discussed and to A Masselot and A Stewart for comments on earlier versions Any errors are my sole responsibility

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