CAN INSURANCE LAW ACCOMODATE THE UNCERTAINTY ASSOCIATED WITH PRELIMINARY GENETIC INFORMATION?

Abstract

This paper discusses how the results of genetic testing could be used in the context of life insurance contracts. It highlights how current insurance law offers some protection against inappropriate use of genetic information. On the basis of an analysis of the case law, the argument is made that Canadian insurance law does leave room for policy considerations and that the courts’ decisions often reflect concerns for fairness which differ from the actuarial fairness concept supported by insurance companies. The paper also recommends changes to insurance law to prevent inappropriate use of genetic and other health information.