The remaining practice of actuarial calculation based on the gender criterion was examined by
the ECJ in 2011. In this paper, we briefly summarise the framework of the ECJ ruling and the
importance of risk differentiation from different stakeholder perspectives. We provide an
overview on the use of several risk criteria in various countries and product lines and illustrate
the implications of the ban on gender-based differentiation for the insurance industry.
The results of our consumer survey are presented in two parts. First, we examine the
acceptance of differentiation criteria. The study shows that respondents in most countries
accept the use of risk differentiation. The gender criterion is least accepted in pricing, closely
followed by age. Especially for annuity and private health insurance, the gender criterion is
less accepted than other criteria. Second, we examine the acceptance of gender-specific price
differences. The results illustrate that using gender criteria within the business lines health,
annuity and term life insurance is not accepted by consumers as soon as the amount of
prevalent price differences is compared side-by-side.
The implications of a prohibition on gender-based discrimination are substantial for
actuarial calculation. As a result of cross-subsidies between insurance groups and adverse
selection effects, premiums may increase. A withdrawal by insurance companies and a
limitation of product offering are possible. Further regulatory intervention may intensify these
aspects.