The following Pensions guidance note Produced in partnership with Elizabeth Ovey of Radcliffe Chambers provides comprehensive and up to date legal information covering:
Insurance companies used to apply certain common practices before the Association belge des Consommateurs Test-Achats v Conseil des Ministres case:
statistically, women are likely to live longer than men, so insurance companies commonly offered women a lower annuity for the same capital sum because it has to be paid for longer
statistically, men have more car accidents than women, so insurance companies commonly charged men (and, in particular, young men) higher premiums for motor insurance
statistically, women are more likely to claim under health-related insurance policies than men, so insurance companies commonly charged women higher premiums for such policies
These results followed from putting men and women in different classes for the purpose of risk assessment. It is obviously possible for insurers to calculate the cost of annuities or the premium for types of insurance on the basis of classes containing both men and women.
The case Association belge des Consommateurs Test-Achats v Conseil des Ministres (the Test-Achats case) concerned the use of actuarial factors related to sex in the provision of insurance and related financial benefits. The underlying question was whether the division of men and women into different insurance classes with the consequent differences in insurance and related financial benefits was contrary to the
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