The Human Body and Life and Health Insurance

In that it is intimately linked to the person, the human body is a delicate entity which is the object of diverse protections. Amongst these figure personal insurances which, with their nature of precaution, play an important economic and social role that justifies easier access. This study aims to determine in which manner the specificity of the human body and the will to protect it affect the two principal aspects of contractual processes in insurance: the understanding and the coverage of risk factors. Indeed to determine a risk and to decide to cover it, the insurer must understand it. Concerning coverage of risks liable to affect the individual's existence, his physical integrity or his health, pertinent information concerns the insurance candidate's intimacy. In which way is it possible to reconcile the rights respecting private life, medical confidentiality, the protection of genetic data and the insurer's need for information ? In addition, in order to respond to the ever increasing demands for protection of the human body, the combined actions of legislators and judges cause certain mutations in coverage of risk by the insurer that weigh on the person and it is necessary to study these modalities. Despite all the attention paid to the human body, the soul of personal insurance must not be sacrificed.