n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - The importance of insurers' commercial interests in the removal of discriminatory gender rating variables in calculating insurance premiums and benefits : a comparative legal analysis : analyses

Volume 24, Issue 2
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



Motor-vehicle insurers use discriminatory rating variables, such as age, gender, marital status and geographical location, to calculate risk and determine insurance premiums. They justify this use by their accurate prediction of risk. For example, gender is commonly used as a rating variable in motor-vehicle insurance because actuarial evidence shows substantial differences between the driving patterns of men and women. Statistics indicate that men younger than 22 are 25 times more likely to commit a driving offence and ten times more likely to be involved in a serious accident (James Slack 'EU Judges Drive Up Car Insurance and Pension Costs for Men with Equality Ruling', available at (visited on 25 January 2012)).

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