ABSTRACT

The differentiation practiced by the private insurance industry may well lead to socially undesirable results. The class of people considered to be uninsurable both in health and life insurance will significantly increase as a direct result of risk-rating practices. Much of the literature of genetic discrimination is based on the reportage of individuals who perceived that they had been the victims of unjustifiable differential treatment based on genotype. Yet clearly not every reported perception of discrimination amounts in fact to actual discrimination. But the literature is partly aware of this problem and provides evidence of genetic discrimination next to the subjective impressions of those who feel they have suffered. Paradoxically the ‘confusion and ignorance in interpreting genetic information’ may also lead to another effect. Alongside the possibility of unjustifiable discrimination lies that of unjustifiable preference. This will arise in situations where the reaction of the insurers to the new genetic information actually operates in the favor of the applicant.