n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Motor-vehicle insurance and discrimination : a comparative analysis of the acceptability of actuarial evidence




South African insurers have recently been alerted to the possibility that they may not inevitably be allowed to discriminate based on age and gender to determine insurance premiums. A recent decision of the European Court of Justice found that from 12 December 2012 the countries of the European Union will be prohibited from using gender as an insurance-rating variable. It is unknown whether a South African court would come to a similar conclusion, as this matter has not yet been decided by a South African court.


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