The CEA, which represents 33 national insurance associations,
says that a lack of clarity in the Commission's anti-discrimination
plans is a concern for the industry.
In July this year, the European Commission adopted a proposal
for a new Directive prohibiting discrimination in the provision of
services on the grounds of age, disability, sexual orientation and
religion or belief.
The draft Directive recognises that age or disability can be an
essential element of the assessment of insurance risk. Under the
proposals, member states would be able to permit "proportionate
differences in treatment where, for the product in question, the
use of age or disability is a key factor in the assessment of risk
based on relevant and accurate actuarial or statistical data".
The CEA has welcomed the concession, but wants clarification
that this data includes medical information.
"Private insurers need, in addition to actuarial and statistical
data, to be able to rely on a wide range of relevant sources
including medical reports, medical research and medical experience
for a comprehensive risk assessment," it said in a position
paper.
The issue, it says, is causing "major concerns" for the
insurance industry. Restricting the way insurers can assess risk
could mean some products becoming unaffordable or being withdrawn
form the market altogether.
"These products serve to cover the most important risks of life,
such as the financial consequences of death, occupational
disability, total disability, disease and the need for long-term
care," said the CEA. "However, these are exactly the products for
which there is an increasing need due to cuts in the EU member
states' social security systems caused by demographic
changes".
The federation also opposes the provision that would leave it up
to member states to decide whether to allow differences in
treatment in the provision of insurance and other financial
services. The opt-out, it believes, will only create legal
uncertainty for consumers.
The Commission will be holding further discussions with the
insurance industry and other relevant stakeholders to obtain a
greater understanding of the areas where age or disability are
relevant factors in the design and pricing of products.
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