Clarity highlights loopholes on Gender directive.

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The Gender Directive does not mean the end of gender related underwriting reinsurer Gen Re has clarified.

Speaking at a Gen Re "ReGenerate" seminar on the future of protection markets, Robert Kerr, business development executive at Gen Re, raised several examples of where gender distinction would remain.

He said: "The Gender Directive only affects business sold to a consumer, but we now have more clarity and now know that these terms only need be offered to new contracts from December.

"Old contracts enacted prior to 21 December can remain on gender specific terms, but there are still shades of grey between these poles.

"For policies that are reviewable, if the original policy was gender specific that can continue. However for options it depends on what the original contract says.

"If you have a guaranteed insurability option and the contract says you can have a new contract without underwriting, that would be gender neutral. Alternatively, an indexation option specifying how the sum assured could increase could remain gender specific."

He added: "There are no hard and fast rules, we just need to be really careful about what the policies already say."

Insurers can still ask gender specific questions, as well as request different medical tests for males and females. Kerr gave the example of a prostate test. Results can also be assessed differently for males and females.

"Abnormality is not the same for both males and females, anaemia is a good example," said Kerr.

"The decision on whether to accept or what terms to offer can also be different for males and females. For example, family history of breast cancer for critical illness."

The gender directive does not apply to business deals and so reinsurance can remain gender specific.

When pressed, Karr indicated Gen Re was happy to underwrite either gender specific or non specific as its clients wished, but suspected most would continue to request a gender specific deal.

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