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Insurer may terminate agreement following insults by customer

A company may terminate a continuous agreement under certain circumstances if a customer behaves in a seriously inappropriate manner. In a recent case, an insurer was permitted to terminate the insurance because the customer continued to insult employees. It demonstrates that normal...

Published on March 17, 2022 by MKBjuristen.nl
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A company may terminate an ongoing agreement under certain circumstances if a customer behaves in a seriously inappropriate manner. In a recent case, an insurer was permitted to terminate the policy because the customer continued to insult employees. This demonstrates that normal rules of conduct apply to business conflicts as well.

What was it about?

A client became involved in a dispute with her insurer regarding coverage and repeatedly insulted the employees. The insurer subsequently terminated the agreement. The judge ruled that this was permissible: the repeated, offensive behavior constituted sufficient grounds to terminate the relationship.

Termination of a long-term agreement

You cannot always simply terminate a continuous agreement; often, grounds for termination, a reasonable notice period, or a compelling interest are required, depending on the contract and the circumstances. However, in the event of serious misconduct by the other party, there may be sufficiently compelling grounds to terminate the cooperation.

Standards of conduct also apply in business

The ruling underscores that you must adhere to normal rules of conduct, even in a business dispute. A disagreement regarding, for example, coverage, delivery, or invoices does not provide a license to threaten, insult, or intimidate employees. If a customer does so anyway, it could cost them their contract.

What can you do as an entrepreneur?

If your staff is treated unfairly, document the incidents, warn the person involved in writing, and point out the consequences. If the misconduct continues, you can terminate the agreement with a solid file and the proper notice of termination. A house rule regarding respectful treatment strengthens your position.

Frequently Asked Questions

Am I allowed to refuse or terminate a client's contract due to insults?

Under certain circumstances, yes: repeated, serious misconduct can constitute a sufficiently weighty ground to terminate an agreement.

Can I simply cancel a continuous contract?

Not always: often, grounds, a reasonable time limit, or a compelling interest are required. You are in a stronger position in cases of serious misconduct.

How am I in a strong position when cancelling?

Document incidents, issue a written warning, and build a file. A house rule regarding respectful treatment helps.

End a difficult customer relationship?

Our legal experts advise on termination and establish house rules in your general terms and conditions. View our contract lawteam or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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