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Ombudsman asks Economy for measures to avoid discrimination in life insurance contracts

MADRID, 19 Mar.

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Ombudsman asks Economy for measures to avoid discrimination in life insurance contracts


The Ombudsman has asked the General Directorate of Insurance and Pension Funds (DGSFP), under the Ministry of Economic Affairs and Digital Transformation, to report on the initiatives to prevent and cease discrimination in the contracting of life insurance, according to It emerges from the 2022 activity report that he presented this week in the Congress of Deputies.

The organization, whose current owner is Ángel Gabilondo, points out that during the past year it received a complaint in which it was revealed that an insurance company denied the contracting of life insurance, associated with a mortgage loan, to a citizen, upon learning that he had a recognized degree of disability greater than 33%.

The DGSFP stated that the insurance contract requires the free and voluntary acceptance of both parties, as stated in article 1,254 of the Civil Code, so that insurers "can freely decide the risks they wish to assume, respecting the limits and legal requirements that exist at all times", says the Ombudsman.

However, the agency recalls that the fourth additional provision of Law 50/1980, of October 8, on Insurance Contracts, expressly provides that people with disabilities cannot be discriminated against when contracting insurance.

"In particular, the denial of access to contracting, the establishment of contracting procedures different from those usually used by the insurer or the imposition of more onerous conditions, due to disability, is prohibited, unless they are founded on justified causes, proportionate and reasonable, that are previously and objectively documented," says the Ombudsman.

In this way, it continues, that for the Administration there would be justified, proportionate and reasonable reasons to deny a contract for these insurances in the event that the illness or disease, associated with some type of disability, was likely to entail a greater risk of death or to obtain a declaration of absolute permanent disability.

However, the Ombudsman considers that the matter should be examined in a "broader" perspective and that, after the entry into force of Law 15/2022, of July 12, comprehensive for equal treatment and non-discrimination , "it is necessary [...] to apply sufficient methods and instruments for the detection, prevention and cessation of discriminatory measures".

For this reason, it has asked the DGSFP for information on the initiatives it plans to adopt to comply with this Law 15/2022, of July 12 and to measure the proportionality and reasonableness of the denial of hiring people with disabilities. "The response that is received will be reported in the next report," he concludes.