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Insurance law expertise team

Insurance law

For entrepreneurs who wish to challenge a rejected claim or a coverage dispute with their insurer.

Insurance law governs the relationship between you and your insurer: what is covered, when they pay out, and what they can expect from you. Our lawyers and in-house counsel assist both international corporations and the local entrepreneur—with coverage disputes, rejected claims, and discussions regarding the duty of disclosure. Practical and accessible, yet legally sharp.

Insurance lawyers and in-house counsel in one team. Practical specialist legal assistance for entrepreneurs.
Active for SMEs and corporates — from large corporations to the baker on the corner. Practical specialist legal assistance for entrepreneurs.
Key themes: coverage disputes, duty of disclosure, claims expert, and lapse. Practical specialist legal assistance for entrepreneurs.
Specialist advice on insurance law from €155 per hour excl. VAT. Clarity regarding the process, approach, and next steps.
  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
We worked for, among others:
  • SME Lawyers Partner
  • SME Lawyers Partner
  • SME Lawyers Partner
  • SME Lawyers Partner

Expertise in Insurance Law

Insurance law governs the relationship between you and your insurer: what is covered, when they pay out, and what they can expect from you. Our lawyers and in-house counsel assist both international corporations and the local entrepreneur—with coverage disputes, rejected claims, and discussions regarding the duty of disclosure. Practical and accessible, yet legally sharp.

Liability disputes

In a liability dispute, everything revolves around the question of who must bear the damages and which insurer must pay out. Our lawyers and in-house counsel assess your legal position and recover your damages — from international corporations to the baker on the corner.

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Professional liability

With our broad expertise in insurance law, we serve clients in diverse sectors. From SMEs, listed companies, and international enterprises to non-profits. We offer legal advice at all levels, from the boardroom to the stakeholder. Our services are characterized by high quality, reliability, and in-depth specialization.

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Consumer insurance

Is your insurer refusing to pay out or interpreting the policy conditions to its own advantage? Our lawyers and corporate counsel assist consumers in insurance disputes, from rejected claims to proceedings at the Kifid or in court.

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Coverage disputes

With our broad expertise in insurance law, we serve clients in diverse sectors. From SMEs, listed companies, and international enterprises to non-profits. We offer legal advice at all levels, from the boardroom to the stakeholder. Our services are characterized by high quality, reliability, and in-depth specialization.

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Dispute with claims expert

Our lawyers and in-house counsel assist insurers and policyholders in disputes regarding damage assessment: from counter-expertise to binding third-party expertise.

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Kifid Complaint Procedure

A complaint about your insurer that is not being resolved? Through the Financial Services Complaints Institute (Kifid), you can have your dispute assessed in an accessible manner. Our lawyers and in-house counsel guide you from the internal letter of complaint to a potential appeal, for both the international corporation and the baker on the corner.

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Underinsurance

In the event of underinsurance, the insurer pays out only proportionally. We assess your policy, valuation, and the duty of care of your intermediary – from the baker on the corner to the international corporation.

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Policy disputes

A conflict with your insurer regarding the interpretation of policy conditions? Our lawyers and in-house counsel assist you, from negotiation to litigation. From international corporations to the baker on the corner.

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Policy conditions

The policy conditions determine what is and is not covered. Our lawyers and in-house counsel review the fine print, assess whether a refusal is justified, and conduct the defense where necessary. From international corporations to the baker on the corner.

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Violation of duty to disclose and/or duty to provide information

Is your insurer refusing to pay out due to alleged concealment, or is the information regarding your coverage insufficient? Our mixed teams of lawyers and in-house counsel review the requirements and time limits and advocate for your right to a payout.

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Breach of duty of care

Did your insurer or insurance intermediary breach their duty of care? From international corporations to the baker on the corner: our lawyers and corporate counsel recover your damages and assist you in every dispute.

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Second opinion

Disagree with a rejected claim, an expert report, or the approach of your legal expenses insurer? Our insurance lawyers and legal experts provide an independent second opinion — for the international corporation as well as the baker on the corner.

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Insurance fraud

Accused of insurance fraud or on the trail of fraud yourself? Our lawyers and in-house counsel assist insurers and policyholders – from international corporations to the baker around the corner – with burden of proof, personal investigations, and registration in the EVR.

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Insurance agreement

From reviewing draft policies to conducting a coverage dispute: our mixed teams of lawyers and in-house counsel guide you through every phase of the insurance agreement. From international corporations to the baker on the corner.

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Business insurance

Has your insurer rejected a business claim, or are you unsure about your coverage? Our mixed teams of lawyers and in-house counsel assess your position and stand up for you, from international corporations to the baker on the corner.

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What is insurance law?

Insurance law governs the relationship between you and your insurer: what is covered, when the insurer pays out, and what they may expect from you. According to Article 7:925 of the Dutch Civil Code, insurance is an agreement whereby the insurer bears, in exchange for a premium, the risk that an uncertain event causes damage. The policy document and the policy conditions determine the scope of coverage — and it is precisely regarding their interpretation that most of the hassle arises.

Our lawyers and in-house counsel assist international corporations as well as the baker around the corner: from a rejected fire claim to a protracted coverage dispute regarding a business interruption policy. Practical and accessible, yet legally sharp.

The duty of disclosure when concluding

When taking out insurance, you must accurately inform the insurer about the risk. This duty of disclosure is stipulated in Article 7:928 of the Dutch Civil Code: you answer the questions on the application form truthfully. If you violate this duty, the insurer may, pursuant to Article 7:930 of the Dutch Civil Code, reduce or refuse the payout — sometimes even terminate the policy. However, not every inaccuracy leads to forfeiture; it depends on whether the insurer would have acted differently with correct information. We assess whether a claim of concealment is justified.

Reporting damage and forfeiture clauses

After damage occurs, you must report it promptly and in full (Article 7:941 of the Dutch Civil Code). If you intentionally misrepresent the facts to mislead the insurer, the right to compensation is, in principle, forfeited. Moreover, many policies link strict time limits and reporting obligations to the coverage. If your claim is rejected due to late reporting or a breach of a policy condition, we will assess whether that forfeiture holds up legally.

Coverage disputes and interpretation of the policy

The core of many insurance cases lies in interpretation: does this damage fall under coverage or under an exclusion? Policy conditions are interpreted based on what the parties could reasonably expect, whereby unclear clauses often work to your advantage. Sometimes, an insurer's reliance on an exclusion is unacceptable according to standards of reasonableness and fairness (Article 6:248 paragraph 2 of the Dutch Civil Code), although the court is not quick to accept this. We build the case file necessary to ensure the insurer pays out after all.

Dispute with the claims expert

In the event of major damage, the insurer sends a claims expert. If you disagree with the determined extent of the damage or the cause, many policies provide for a counter-assessment: you engage your own expert, and in the event of a difference, a third, binding expert. We guide this process and ensure that your interests and evidentiary position are properly documented, so that you are not left with an insufficient payout.

Insurance law for SMEs and corporations

Large firms often focus on insurers and listed policyholders. We, however, specifically assist the entrepreneur facing their business interruption, liability, or legal assistance insurer. Our mixed team of lawyers and in-house counsel helps both international corporations and the baker around the corner — without unnecessary jargon and with a clear path to payout or settlement.

Statute of limitations: don't wait too long

In principle, a legal claim against the insurer lapses three years after you became aware of the due date of the benefit (Article 7:942 of the Dutch Civil Code). If the insurer has rejected the claim, a new period begins to run. Because these periods are short and technical, it is advisable not to get bogged down in correspondence in the event of a rejection, but to seek legal advice in a timely manner.

Liability behind the insurance

Insurance matters often involve liability: who caused the damage and on what grounds? If, in addition to the policy, a breach of contract or tort (Article 6:162 of the Dutch Civil Code) is also involved, please visit our page on the law of obligations . If you first need to formally put the counterparty or insurer in default, our document on notice of default will help you get started. This page focuses on the relationship with the insurer itself: coverage, payout, and the coverage dispute.

What we help with

From assessing your policy to contesting a rejected claim — our lawyers and legal experts support you in every area of ​​insurance law.

  • Contesting a rejected claim or coverage dispute with the insurer
  • Explanation of policy conditions and exclusions (Article 6:248 paragraph 2 of the Dutch Civil Code)
  • Examining the insurer's reliance on concealment (Articles 7:928 and 7:930 of the Dutch Civil Code)
  • Discussion regarding reporting damage and forfeiture of rights (Article 7:941 of the Dutch Civil Code)
  • Dispute with the claims expert and managing the counter-assessment
  • Negotiating and litigating against the insurer
  • File a complaint with Kifid
  • Monitoring the limitation period (Article 7:942 of the Dutch Civil Code)

When do you engage this team?

Often, there have been issues brewing for some time before they become legal. The sooner you involve us, the more options you retain. If you recognize any of these situations, seeking advice is advisable.

Your insurer rejects a claim in whole or in part

Discuss your situation

The insurer invokes an exclusion in the policy conditions

Discuss your situation

You are accused of concealing something when concluding the contract

Discuss your situation

The offered benefit does not cover your actual damages

Discuss your situation

You disagree with the insurer's claims expert

Discuss your situation

The insurer cancels the policy or refuses to renew it

Discuss your situation

The statute of limitations threatens to expire after a rejection

Discuss your situation

Assess first, then act

In insurance law, your policy determines the outcome. Before we write to the insurer or initiate proceedings, we compare the policy document, the terms and conditions, and the facts, and assess the coverage, the duty of disclosure, and any exclusions. In this way, we choose the route—letter, Kifid, negotiation, or court—that best serves your interests, rather than taking just any step.

Our approach

From rejection to benefit or scheme in four steps.

1

Intake

We discuss your claim, the policy, and the rejection, and review the policy document and the terms and conditions.

2

Analysis

We assess the coverage, the duty of disclosure, and any exclusions against the law and the policy.

3

Strategy

We choose the route — letter, Kifid, negotiation, or proceedings — and the involvement of a lawyer or legal expert.

4

Execution

We execute: from a substantiated demand letter to litigating against the insurer.

Mr. Jaime Boogaers
Mr. Jaime Boogaers Corporate Law · Lawyer

In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.

Specialists in Insurance Law

Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.

All our legal experts and lawyers possess broad knowledge of insurance law. In addition, they have specialized in one or more areas of focus. We have organized several areas of focus into various practice groups. Based on his or her specialism(s), each lawyer is part of one or more practice groups. Clients can go directly to the appropriate practice group for each case. Here, they are assisted by the lawyer or legal expert best suited for the case. Where necessary, we draw upon the expertise and experience of our specialist colleagues from other practice groups.

Frequently asked questions about insurance law

The questions entrepreneurs ask us most often.

My insurer is rejecting the claim. What now?

Request the rejection in writing and with reasons, and compare it with your policy document and the terms and conditions. Often, the rejection turns out to be based on a disputed interpretation of an exclusion or on a claim of concealment. We assess whether the rejection is justified and can persuade the insurer to pay out through a substantiated letter, the Kifid, or the court.

What is a coverage dispute?

A coverage dispute is a conflict regarding whether your damage falls under the policy. The policy document and the policy conditions determine the scope of coverage, but the interpretation of exclusions and conditions often gives rise to disagreement. Unclear clauses are in principle interpreted in your favor, and sometimes invoking an exclusion is unacceptable on the grounds of reasonableness and fairness (Article 6:248 paragraph 2 of the Dutch Civil Code).

What does the duty to disclose entail?

When taking out insurance, you must answer the insurer's questions truthfully (Article 7:928 of the Dutch Civil Code). If you breach this duty, the insurer may reduce or refuse the payout (Article 7:930 of the Dutch Civil Code). Not every inaccuracy leads to forfeiture: the question is whether the insurer would have acted differently with correct information.

How long do I have to contact my insurer?

In principle, a legal claim against the insurer lapses three years after you became aware of the due date of the benefit (Article 7:942 of the Dutch Civil Code). After a rejection, a new period begins to run. Because these periods are short and technical, timely advice is important.

Can I go to Kifid or do I have to go to court?

For consumers and small business clients, Kifid (Financial Services Complaints Institute) is often an accessible alternative to the courts. The most suitable route depends on the nature of the dispute and the stakes involved. We advise you on the smartest course of action and guide you through both a Kifid complaint and legal proceedings.

Do I need a lawyer or a legal expert?

That depends on your situation. For advice, reviewing the policy, a formal demand letter, and negotiating with the insurer, an in-house counsel is often sufficient. For proceedings in court, a lawyer is mandatory in many cases. We have both in-house and determine together with you what is appropriate.

Discuss your situation with an insurance law specialist. Our insurance lawyers and legal experts assist both large companies and small business owners with coverage disputes and rejected claims. Schedule a meeting and know where you stand within a single session.
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Jaime Boogaers

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Then contact our specialists.

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