Equal treatment of men and women in the insurance sector
As from 01 December 2007, the risks of pregnancy and maternity in health insurance no longer lead to different premiums between the sexes. This being attributed to the EU Directive 2004/113/EC for the “implementation of the principle of the equal treatment of men and women in respect of “access to and provision of goods and services”.
The Insurance Law Amendment Act (VersRÄG) 2006, ratified on 25 May 2006, implements this Directive into national law, and applies to newly concluded insurance contracts as from 01 December 2007. As from 2008, corresponding notification and publication obligations are likewise provided for.
Insurance companies will, however, be able to continue calculating their premiums and tariffs on a gender-specific basis if the difference can be attested on actuarial principles. Only the costs incurred in connection with pregnancy and confinement will in future have to be divided between men and women.
For all other risks the principle implies that the gender factor may lead to different premiums or services “if the sex is a specific factor in the risk assessment which is based on the relevant and precise actuarial and statistical data”.
“The following paragraph has been added to Article 178b [Note: of the Insurance Contract Law]:
(5) The costs and risks of medical care and treatment in connection with pregnancy, confinement, and maternity must not lead, in the health insurance sector, to different premiums or services between women and men.”
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