OPINION

The opinion was delivered in the proceedings on the complaint by S. H., filed against the insurance company because of discrimination based on age. The complainant alleged that this insurance company refused to provide her with a travel insurance service because of her age. The statement of the insurance company declares, among other things, that insurance companies have not only the right but also the legal obligation to identify, measure and evaluate the risks they are exposed to in their business and to manage these risks by applying a qualitative and quantitative management method, and to establish procedures for identifying, assessing and measuring risks, as well as for managing risks, in accordance with the regulations, professional standards and rules of insurance, and that Article 2 of the General Conditions for Insurance of Persons during Travel and Stay Abroad stipulates insurance capability and provides for a health condition and age limit (0-80 years). During the procedure, it was determined that in accordance with the provisions of Article 2 of the General Conditions for Insurance of Persons during Travel and Stay Abroad OU-PZO -. ..No. -…. of November 15, 2017, which stipulates that under these conditions healthy persons from 0 months to 80 years of age can be insured, who are citizens of the Republic of Serbia, as well as foreign nationals and stateless persons, provided that they have a residence or temporary residence permit or are permanently resident in the Republic of Serbia, no insurance was provided to S. H. for travel and stay abroad as she is over 80 years of age. In this regard, the Commissioner for Protection of Equality indicated that it is indisputable that this insurance company, like all other insurance companies, is authorized to determine the insurance conditions governing its business, but that all acts of insurance companies must comply with the Constitution and legislation in the field of insurance, but also with other legislation of the Republic of Serbia, including legislation for prohibiting discrimination. The Commissioner pointed out that according to the provision of Article 6 of the Law on Prohibition of Discrimination, direct discrimination occurs when an individual or a group of persons are put at a disadvantage due to their protected characteristic compared to an individual or group who are in the same or similar situation and who do not have that protected characteristic. In this particular case, it is obvious that persons over 80 years of age who wish to be insured during their travel and stay abroad by this insurance company are prevented from doing so, since this insurance company does not provide insurance for persons over 80 while traveling and staying abroad. Due to all of the above, the Commissioner’s opinion is that by refusing to provide the complainant with an insurance service while traveling and staying abroad, the insurance company had violated the provisions of Art. 6 and 17 paragraph 1 and Art. 23 of the Law on Prohibition of Discrimination. The insurance company is advised to harmonize the General Conditions for Insurance of Persons during Travel and Stay Abroad with the anti-discrimination regulations by prescribing the possibility of insurance for persons over 80 years of age.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković