And, at the age of 26, his dream man. They decided to give up Stoneybatter to move to a bigger house in leafy Donaghmede and applied for a joint life assurance policy. So far, so good.

But the wording of one question on the Caledonian Life questionnaire disturbed him. As it turns out, with good reason.

The question read, "Have you been tested POSITIVE for HIV/Aids, Hepatitis B or C or have you been tested/treated for any other sexually transmitted diseases or are you awaiting the result of any such tests? If yes, please provide details , , for confidentiality these may be sent to the Chief Medical Officer at Caledonian Life."

As part of the question asked, "Have you been tested?" McLoughlin ticked 'Yes'. But he and his partner both specified, "Had an STD test for peace of mind. Results all clear." On its own form, Caledonian wrongly reinterpreted this answer as "Yes/STD". On paper, Caledonian effectively 'gave' McLoughlin an STD, something he has never had.

It got worse. Caledonian promptly issued McLoughlin with a supplementary questionnaire regarding his lifestyle and a request for an HIV test.

He sent them an email, protesting this decision. The underwriter said, "Should you wish to proceed with your application we will require you to attend for a HIV test with a doctor of your choice."

McLoughlin told Caledonian, "I understand that it is your company policy to insist that this form is completed when one of the following two conditions present themselves: (i) when two male applicants apply as a joint application and (ii) when the value of the policy exceeds 1 million.

The fact that we are a same sex couple does discriminate against us."

McLoughlin withdrew his application. Should he, like so many other gay/straight applicants, have had an STD test under an assumed name in a private clinic? "I believe Caledonian's extra questionnaire had as much to do with being gay as to do with admitting to an STD test, " he says. He contacted his solicitor and the Equality Tribunal.

The Equality Tribunal supplied a questionnaire, this time for Caledonian. In it, the company stated, "The request for a HIV test was standard procedure when two males apply for joint life insurance." It added, "The reasons are based on actuarial evidence and statistical data received from reinsurers and published by the health service executive."

Caledonian also acknowledged, "A single male homosexual applicant who disclosed his sexuality would be subject to a lifestyle questionnaire and HIV test." (That is, to be clear, not a single heterosexual male who may also be sexually active. ) Again, Caledonian cites the same actuarial evidence and statistical data.

McLoughlin pursued his case.

Meanwhile, Irish Life asked one of its own life insurance mortgage applicants to take an HIV test , , because the man in question revealed he was gay. "I was very open and honest, saying my boyfriend this, my boyfriend that, " the man says. "Out of the blue they asked me to take an HIV test. I always wonder now whether I should have agreed."

A spokesman for Irish Life says the HIV test depends on (a) lifestyle and (b) the level of cover. "I was asked to take an HIV test by Irish Life and I have a wife and four kids, " the spokesman says, but adds that this was "probably because of the level of cover. The other prompt is typically the answer to general questions, particularly lifestyle questions."

He added, "In my experience, Irish Life asks questions about lifestyles of homosexuals as much as heterosexuals." But in this latter case, having a boyfriend was as much an insight into the aforementioned applicant's lifestyle as Irish Life got. "It varies, " the spokesman added, "some companies will cover for suicide, others won't. Irish Life covers suicide."

In relation to serious illness cover, few companies cover for HIV/Aids through sexual transmission. Canada Life will cover for HIV/Aids via a needle attack, physical assault or blood transfusion.

In Ireland, there is a confusing hodge-podge of not so best practice, but in the UK there is a clear statement of best practice on HIV and insurance, drawn up by the Association of British Insurers (ABI) Medical Underwriting Committee with contributions from the ABI's HIV Working Party, the Terrence Higgins Trust and Pinkfinance. com.

ABI's best practice states, "Insurers will not request information which is unnecessary or irrelevant to the risk being insured, such as speculative questions that rely on inference and assumption on the part of the underwriter, for example house copurchasing arrangements." It also agrees to update its policy on HIV every three years.

Crucially, it adds, "Being a gay man does not necessarily mean a person is at higher risk of HIV infection. The person concerned may be celibate, or he may always have protected sex."

The ABI advises questions about personal behaviour, not the relationship itself. (The Irish Life applicant was asked to take an HIV test only because he was gay. ) The ABI advises against questions like "do you practice safe sexual behaviour?" (too ambiguous) or "have you had unprotected sex with a man in the last five years?" (too explicit), but instead recommends, "within the last five years have you been exposed to the risk of HIV infection?"

It adds, "Asking if a person is gay would not be acceptable."

These ABI guidelines had an impact. Last year, HSBC asked Stuart Hallard and Steven Evans in north Wales to take an HIV test before being given a mortgage. Hallard said, "We were left feeling dirty, as if we had done something wrong." HSBC subsequently said it would amend its application forms in line with the ABI's recommendations.

In Ireland, all insurers are required to operate within the requirements of the Equal Status Act 2000 to 2004, which stipulates that individuals cannot be treated differently in respect of insurance unless this treatment is based on reliable actuarial or statistical data, according to Carmel Mulroy of the Irish Insurance Federation.

"In respect of HIV tests, these are typically required by insurers from anyone if the level of cover sought is in excess of 1 million, " Mulroy says.

"Some insurers may seek a HIV test for a lower level of cover, if the responses to the questions in the proposal form indicate that the applicant is in a high risk group for HIV/Aids."

Which brings us back to the case of William McLoughlin. Would his complaint be the first of its kind to be heard by the Equality Tribunal?

Would Caledonian accept its behaviour did discriminate against him? "It wasn't about the compensation, " McLoughlin says, "It was only ever about the principle and how I was treated differently."

The case never did go to the Equality Tribunal. Instead, Caledonian paid McLoughlin 3,174 and he withdrew his complaint.

Significantly, Head of Operations at Caledonian Life Frank Carroll apologised: "I refer in particular to the offence caused to you on receipt of a supplementary questionnaire and a request to attend a mandatory HIV test."

But Caledonian did something that the Equality Authority says could now change how all insurers treat applicants in this country. Earlier this year, Caledonian changed its policy: "Caledonian Life now only seeks a mandatory HIV test where the value of a policy exceeds 1 million, " Carroll wrote, adding, "This requirement is for all applicants."