ABSTRACT
The actuarial significance of genetic testing has led to various legislative initiatives which attempt to mitigate the potentially negative social consequences which could develop if predictive genetic tests become widely used in the formulation of insurance contracts. Accurate determination of risk is the central concern of mutuality-based insurance which charges premiums in proportion to risk or in some cases deems the risk too high for any form of coverage. This chapter examines the legal principles which surround the disclosure of information which is predictive of risk. It examines a number of models of disclosure which might promote fairness in the age of predictive genetic medicine. The English Law Commission considered a model which might have application in the context of insurance and genetic technology. This model considers the disclosure which would be required of a reasonable man of the same educational and socioeconomic background as the proposer.
