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Le risque santé et la souscription d’assurance du crédit

Abstract : Health is a risk. The main purpose of insurance is to cover individuals against life’s uncertainties. However, because of the economic nature of this activity, insurers discard more and more the highest risks from their mutuality. This practice, named segmentation, is perfectly allowed. The insurer may, at the time of precontractual discussions, carry out a risk assessment by investigating the personal and intimate situation of the applicant. Several observations can be made. Evidence of discrimination is no longer precise. The techniques for information gathering emancipate themselves from a secure legal framework. The existence of an increased risk has unreasonable consequences on the insurance contract. In France, more than 2.7 million people are, in the sense of insurers, increased risks profiles due to their health status. Those are people living with diabetes, Parkinson's disease or other cancerous pathologies. For them, access to insurance rhymes with refusal, exclusion or additional premia. This phenomenon contributes to a real social injustice, especially when the insurance contract is necessary to be granted a mortgage. For this reason, and under pressures from associations, some measures have been implemented to limit the intrusion of the insurer into the policyholder’s privacy; and in parallel, to strengthen the obligations lying on the professionals to provide information, advice and warning, prior to any contract subscription
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Submitted on : Monday, March 4, 2019 - 3:31:57 PM
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  • HAL Id : tel-02056370, version 1



Caroline Jay. Le risque santé et la souscription d’assurance du crédit. Droit. Université de Lorraine, 2017. Français. ⟨NNT : 2017LORR0395⟩. ⟨tel-02056370⟩



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