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Insurance and Human Rights
This volume examines the impact of and interplay between human rights and insurance. National, supranational and international legal instruments regulating the taking-up and pursuit of the business of insurance and reinsurance, (re)insurance distribution and the insurance contract often refer to or impact on human or fundamental rights. Courts are often faced with the sometimes seemingly impossible task of reconciling insurance core principles, practices and mind-sets with the principles and values stemming from human rights protection. In some cases, such as that of discrimination in insurance, this discussion has been going on for decades. Some deal with hot topics which have more recently...
Underwriting Manual
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Discrimination and Insurance
Is it fair and just to charge men and women identical life insurance premiums despite their different actuarial risk? What about charging the old and the young different premiums? As entities whose core business is to classify people based on their actuarial risk, should private insurance companies not be allowed to discriminate between various groups? To answer these and various other questions, I start this chapter by revealing the complete confusion that exists in the legal terrain with respect to antidiscrimination norms in insurance. I then show how philosophers writing about discrimination mostly have been writing at a level of abstraction so high that it comfortably ignores relevant nuances, thus making the entire literature largely useless for any insurance-related policy-making purposes. I conclude by proposing a theoretical framework that can help policy makers apply a fair and just anti-discrimination policy.
Insurance and Human Rights
This volume examines the impact of and interplay between human rights and insurance. National, supranational and international legal instruments regulating the taking-up and pursuit of the business of insurance and reinsurance, (re)insurance distribution and the insurance contract often refer to or impact on human or fundamental rights. Courts are often faced with the sometimes seemingly impossible task of reconciling insurance core principles, practices and mind-sets with the principles and values stemming from human rights protection. In some cases, such as that of discrimination in insurance, this discussion has been going on for decades. Some deal with hot topics which have more recently...
Insurance Claims
Insurance Claims provides an accurate summary of the law as it relates to insurance claims, which means largely, but not exclusively, claims against insurers and insurance brokers. It is aimed at those involved in the application of the law on a daily basis, whether as solicitors, barristers or insurance claims handlers. The new edition is one of the first titles to cover and offer detailed commentary on the Insurance Act 2015 which comes in to force in August 2016. Insurance Claims, Fourth Edition includes coverage of the following significant changes in legislation and case law: The Insurance Act 2015 comes into force on 12 August 2016 and makes far-reaching changes to insurance law in Eng...
Construction All Risks Insurance
The second edition of Construction All Risks Insurance will be essential reading for both lawyers and insurance brokers in the field of construction insurance. Building on its reputation as the definitive reference for practitioners, and updated with respect to the Insurance Act of 2015, Construction All Risks is the go-to guide looking for answers in construction insurance
Understanding the Well-Being of LGBTQI+ Populations
The increase in prevalence and visibility of sexually gender diverse (SGD) populations illuminates the need for greater understanding of the ways in which current laws, systems, and programs affect their well-being. Individuals who identify as lesbian, gay, bisexual, asexual, transgender, non-binary, queer, or intersex, as well as those who express same-sex or -gender attractions or behaviors, will have experiences across their life course that differ from those of cisgender and heterosexual individuals. Characteristics such as age, race and ethnicity, and geographic location intersect to play a distinct role in the challenges and opportunities SGD people face. Understanding the Well-Being o...
Discrimination Law
This text provides in-depth and accessible guidance on discrimination law. It covers the UK and EU with comparisons to the US, Canada and Australia, and analyses the different theories and definitions of what is classed as discrimination.
Towards a Civil Rights Approach to Insurance Anti-Discrimination Law
Discrimination is fundamental to the business of auto and homeowners insurance. Yet state insurance law does remarkably little to police against the risk that this discrimination will unfairly harm minority or low-income communities. Not only do state insurance regulators completely ignore the prospect that facially-neutral insurance practices might disparately impact vulnerable populations, but they affirmatively suppress the production and dissemination of data that would advance a better understanding of this risk. Meanwhile, most states continue to cling to an antiquated, ineffective, and inefficient scheme of “public utility style” rate regulation that purports to prohibit “excess...
