Matheson


News and Insights

Print this page

Search News & Insights


Motor Insurers Successfully Defend Discrimination Claims Before the WRC

AUTHOR(S): Sharon Daly, Darren Maher, April McClements
PRACTICE AREA GROUP: Insurance and Reinsurance
DATE: 17.01.2017

The Workplace Relations Commission has found in favour of motor insurers after a number of complaints were made alleging that quotes provided for motor insurance were discriminatory on the grounds of race.

Throughout 2016, motor insurers were the subject of a number of complaints to the Workplace Relations Commission (the “WRC”)(1) allegeing that quotes provided for motor insurance were discriminatory on the grounds of race, contrary to the Equal Status Acts 2000 – 2015 (the “Acts”). The basis for these complaints was that customers who held EU driving licences (i.e. non-Irish driving licences), received higher quotations than they would have received had they held an Irish driving licence.

In all complaints, the WRC found in favour of the motor insurers. The WRC held that while the complainants had established a prima facie case of indirect discrimination, the insurers successfully rebutted this by demonstrating that the higher quotation was justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. The WRC took into account the widespread issue of non-disclosure of material facts to insurers and the importance of verifying information. Verification of penalty points is independently and immediately available in respect of Irish driving licences. As motor insurers are unable to verify the driving record and penalty points of non-Irish driving licences, the WRC found that a higher premium to such licence holders was justified in the circumstances.
____________________________________________________________________________________________

(1). Since October 2015, all the WRC took over the functions of, inter alia, of the Director of the Equality Tribunal

BACK TO LISTING

Matheson Snapshot


About cookies on our website

Following a revised EU directive on website cookies, each company based, or doing business, in the EU is required to notify users about the cookies used on their website.

Our site uses cookies to improve your experience of certain areas of the site and to allow the use of specific functionality like social media page sharing. You may delete and block all cookies from this site, but as a result parts of the site may not work as intended.

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)