Podcast Location:
Download it here [file size: 19.3 MB]
Categories:
European Law
Insurance Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at those who practise in insurance law and/or have an interest in discrimination law. It aims to set out the facts of the case and the context from which it arises. The podcast also aims to critique the rationale behind the decision and predict what it will mean for policy holders and insurers.

Outcomes:
After completing the course you will:
  • Understand what the Test Achats decision was about;
  • Understand its implications of the decision for motor insurers, life insurers and beyond;
  • Understand the role gender plays in the setting of premiums and benefits for motor and life insurance policies;
  • Be aware of the timetable by which insurers must comply with this decision and the consequences for failing to comply;
  • Be aware of the issues surrounding the basis on which insurers profile risk;
  • Understand the tenor of the Advocate General’s opinion and what bearing it had on the decision;
  • Be aware of the potential impact of this decision on age and disability as a factor when pricing insurance;
  • Be aware of the potential cost implications of this decision for policy holders;
  • Be aware of the risks in engaging in indirectly discriminatory practices when setting premiums.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Sources and References:
  • Charter of Fundamental Rights of the European Union Gender Directive (2004/113) Art. 5 ;
  • Treaty of the European Union;
  • Association belge des Consommateurs Test-Achats ASBL and others v Conseil des ministres (Case C 236/09;
  • Equality Act 2010.
Tags:

This podcast, with insurance barrister Alison Padfield of Devereux Chambers is about the 2011 ECJ Test Achats decision which concerned gender equality in the setting of motor insurance premiums. The podcast discusses the rationale behind the decision and what implications it may have for the wider insurance market when setting both premiums and benefits and whether the decision is a good or bad thing for consumers.

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