The Irish High Court dismisses claims for the liability of the Irish State for damages regarding an unlawful risk equalisation scheme in the provision of private health insurance by insurers (BUPA)

Background In 2006, the Irish High Court dismissed the claims of BUPA Ireland (“BUPA”) challenging the introduction by the Irish State of a risk equalisation scheme (the “Scheme”) in the provision of private health insurance by insurers in Ireland [1]. The scheme operated based on the concept of “community rating” (whereby everybody seeking insurance in a pool pays the same premium, regardless of age, health or claims history) whereby intergenerational solidarity (whereby the young insured subsidise the older insured) was assessed across the risk profiles of the entire community of private health insurance policy holders. The effect of the scheme was that transfers from other insurers to the incumbent, Vhi, would occur given the risk profiles of the various insurers in the market. BUPA

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  • Ryanair (Dublin)

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Eoin Kealy, The Irish High Court dismisses claims for the liability of the Irish State for damages regarding an unlawful risk equalisation scheme in the provision of private health insurance by insurers (BUPA), 7 March 2013, e-Competitions March 2013, Art. N° 51808

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