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Belgium

Belgium 89 SELECTED LEGISLATION AND JURISPRUDENCE BELGIUM 1. Legislation 1.1. Genetic testing and insurances In 1992 the Belgian Parliament approved legislative dispositions on the use of genetic testing to predict the future health status of applicants for (life) insurances. These dispositions have been incorporated in the law of 25 June 1992 on insurance contracts (Official Journal, 20 August 1992). Article 5, 1 contains an obligation for the insurance taker to give accurate information of all known circumstances of which he can reasonably assume to be of influence on risk-assessment by the insurer. However, he is not obliged to give information on circumstances the insurer already knows or reasonably should have known. Finally, genetic data may not be communicated. This last sentence has been added to guarantee a complete ban on giving genetic information of any kind, albeit favourable or unfavourable genetic informa- tion, to avoid discrimination between genetically "good luck" and "bad luck" insurance takers. Another provision is Article 95,1, relating to the use of medical information in selecting insurance applicants. This article provides that a medical exami- nation necessary to conclude and implement the insurance contract may only be based on the anamnesis of the present health condition http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Health Law Brill

Belgium

Nys, Herman
European Journal of Health Law , Volume 1 (1): 89 – Jan 1, 1994
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Publisher
Brill
Copyright
© 1994 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0929-0273
eISSN
1571-8093
DOI
10.1163/157180994X00411
Publisher site
See Article on Publisher Site

Abstract

89 SELECTED LEGISLATION AND JURISPRUDENCE BELGIUM 1. Legislation 1.1. Genetic testing and insurances In 1992 the Belgian Parliament approved legislative dispositions on the use of genetic testing to predict the future health status of applicants for (life) insurances. These dispositions have been incorporated in the law of 25 June 1992 on insurance contracts (Official Journal, 20 August 1992). Article 5, 1 contains an obligation for the insurance taker to give accurate information of all known circumstances of which he can reasonably assume to be of influence on risk-assessment by the insurer. However, he is not obliged to give information on circumstances the insurer already knows or reasonably should have known. Finally, genetic data may not be communicated. This last sentence has been added to guarantee a complete ban on giving genetic information of any kind, albeit favourable or unfavourable genetic informa- tion, to avoid discrimination between genetically "good luck" and "bad luck" insurance takers. Another provision is Article 95,1, relating to the use of medical information in selecting insurance applicants. This article provides that a medical exami- nation necessary to conclude and implement the insurance contract may only be based on the anamnesis of the present health condition

Journal

European Journal of Health Law – Brill

Published: Jan 1, 1994

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