Review expected to raise thorny issues
A review of the guidelines for how the human rights laws affect insurance is about to be launched.
Friday, January 27th 2006, 6:39AM
by Rob Hosking
The current human rights guidelines have been in place for about a decade.
“There are one or two issues we could do with a bit more clarity around,” says Investment Savings and Insurance Association chief executive Vance Arkinstall.
The two main ones are genetic testing and mental health, he says.
The commission could not be contracted for this story but in a speech last October chief Human Rights commissioner Rosslyn Noonan specifically referred to the issue, noting the importance of disclosure in insurance and the tensions likely as genetic testing becomes more prevalent.
“Disclosure is central to a contract of insurance. An applicant for insurance must disclose to the insurer any condition they are aware of at the time they enter into the contract. If they fail to do so the contract may be voided for non-disclosure. This information is also necessary for the insurer to price the policy.
"The predictive nature of genetic information means that it is potentially very significant in this context."
The current situation is that New Zealand insurers do not ask applicants to undergo genetic testing, although if any tests have been done applicants for insurance need to disclose them.
“In the Commission’s assessment, whether this situation continues will depend on a number of factors, including the availability and cost of genetic testing, any increase in the number of complaints about discrimination, and whether legislation is used to regulate the use of genetic information.”
Rob Hosking is a Wellington-based freelance writer specialising in political, economic and IT related issues.
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