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

Volume 23, Issue 3
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



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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