This Article contends that gender is an impermissible basis for calculating insurance premiums and payments. Although this Article agrees with the arguments of those who share this view, it offers a different justification for eliminating gender discrimination in insurance. Part I of this Article briefly reviews the status of existing restrictions on gender discrimination in insurance. Part II examines the issues involved in gender-based insurance rating from the perspective of both insurers and advocates of individual equality. Part III presents a new justification for unisex insurance.
Robert H. II Jerry; Kyle B. Mansfield, Justifying Unisex Insurance: Another Perspective, 34 Am. U. L. Rev. 329, 368 (1985)