4. Do any services have special rules?

Yes. There are special rules about

  • replacing or repairing goods; and
  • insurance.

4.1 Why are these special rules about replacing or repairing goods?

Retailers usually replace or repair goods that wear out or break within a certain time. Generally, the goods have to have been subjected to no more than normal wear and tear. But in situations where a person’s disability results in a lot more wear and tear, it would not be reasonable for service providers to have to replace the goods.

For example:
Because of their disability someone regularly forgets to fill an electric kettle with water. As a result the kettle burns out within three months. A shop could refuse to replace or repair it.

4.2 Why are there special rules for insurance?

Because insurance provides cover against a specified risk. Insurance companies have to distinguish between the different risks presented by different people, then make their policies and set their premiums according to the type and degree of risk. In some cases, a person’s disability may have a bearing on the risk to be insured.

Can I refuse to insure a disabled person?

Yes. But you have to have evidence of an increased risk.

For example:
Where there is evidence that a person is suffering from a terminal illness and has a limited life expectancy, you could refuse to provide life insurance to that person.

Can I charge a disabled person more for insurance?

Yes. But you must not charge a disabled person more than anyone else unless you have reliable information, such as statistical data, which shows that the disabled person represents an increased level of risk.

For example:
An insurance company would not be able to charge a blind person a higher premium for home contents insurance because they thought there was an increased risk of accidental damage, unless there was evidence to support that opinion.

Might I have to prove that there was increased level of risk?

Yes. If a disabled person established in court that you had treated them worse than anyone else, it would be up to you to prove that they represented an additional risk.

Can I still insure a disabled person even through I know there is an increased risk?

Yes. Some insurance companies may be willing to insure someone who represents an increased risk whereas others may not. As with all things, consumers will shop around and choose the company that offers the best deal.


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Last updated: January 07, 2002.