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

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