Are insurance policies covered by the Equality Act?

Insurance is covered by section 29 of the Equality Act. This means it is considered to be a 'service', but there is a separate section on insurance in the schedules, which doesn't apply to other types of service.

The specific schedule says that you are allowed to discriminate when providing insurance (for example through increased premiums or refusing a policy altogether) if:

  1. The discrimination (e.g. an increase in premiums or refusal) is done in reference to information that is both relevant to the assessment of risk, and from a source on which it is reasonable to rely. This would mean something like a report or data about someone that justifies the decision.
  2. It is a reasonable thing to do. Arguments against this discrimination would likely rest on the fact that something like a refused policy or double premium based on a slightly increased risk is not reasonable.

If you feel you have been discriminated against, you should complain to the insurance company first and ask them to provide you with a copy of the information on which they are basing their decision.

To find more information on the Equality Act see RNIB's Equality Act webpage.

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