Damned if you do, damned if you don't? Discrimination, misrepresentation and fraudulent non-disclosure consequences of Australians with endometriosis not disclosing cannabis consumption to life insurers

People with endometriosis in Australia predominantly consume delta-9 tetrahydrocannabinol cannabis flower and oil products and cannabidiol preparations to manage their symptoms, reporting reductions in the use of other medications. It is established that lower rates of systematic disclosure of risk factors in life insurance settings, particularly of smoked tobacco, can have an impact on premiums, contract terms and claims outcomes; however, less is known about those in respect of cannabis, such as ‘smoker’ or other loadings, exclusions and coverage refusals. This article examines uncertainties surrounding insureds' disclosure of cannabis consumption for endometriosis management to insurers when purchasing or increasing life, disability or trauma insurances in a cohort of 192 Australians. Better symptom management and reduced consumption of alcohol, tobacco and other medications suggested improved outcomes relevant to endometriosis and obtaining insurances. Disclosure behaviour, however, suggested significant legal risks for life insurers and insureds, as misrepresentations and fraudulent non-disclosure of cannabis use occurred. The outcomes of the study revealed important insurance-related human rights legal issues for insureds and life insurers in the context of certain behaviours, challenging the legal basis for life insurers to discriminate, given the limited actuarial and statistical data about medicinal cannabis as a medication for endometriosis disease.