Gender Factor in the Insurance Law: Recent Development of the ECJ in Context with the U.S. Approach

11 Pages Posted: 28 Mar 2012

Date Written: February 26, 2012

Abstract

This essay discusses recent development of the Court of Justice of the European Union (ECJ) on lawfulness of the use of the gender factor in calculation of insurance premiums and benefits. After summarizing effective regulation of the United States and the European Union, the essay provides not only relevant facts and reasoning of the ECJ but also critical review of this reasoning and reveals differences of approaches between the U.S. Supreme court and the ECJ. Still, it concludes that the ECJ left door open for possible adaptations for lawfulness of the use of gender factor in future.

Keywords: insurance, life insurance, non-life insurance, gender, rating, risk, insurance premiums, benefits

JEL Classification: K19, K23, K39, K42

Suggested Citation

Mantrov, Vadim, Gender Factor in the Insurance Law: Recent Development of the ECJ in Context with the U.S. Approach (February 26, 2012). Available at SSRN: https://ssrn.com/abstract=2028992 or http://dx.doi.org/10.2139/ssrn.2028992

Vadim Mantrov (Contact Author)

University of Latvia ( email )

19 Raina Boulevard
Riga LV 1586
Latvia

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