Business insurance

What we do

Our lawyers have expertise in all insurance policies relevant to commercial enterprises, such as:

• Professional liability insurance
• Directors' and Officers' Liability Insurance
• Business liability insurance
• Business premises insurance
• Absenteeism insurance
• Cyber ​​insurance
• Business car insurance
• Business legal expenses insurance
• Commercial stock insurance
• Transport insurance

Our lawyers prevent and resolve insurance disputes. We can be engaged to assess the legal position, negotiate, and litigate.

We have the experience and expertise to assume diverse roles, from advisory services to dispute resolution. We have an experienced team of lawyers and legal experts in insurance law. Contact us to discuss the possibilities.

Business insurance within insurance law

Business insurance is a link in your company's risk management. Whether you manage an international group or keep your business running as a baker on the corner: as soon as damage occurs and the insurer refuses to pay out, you enter into insurance law. The scope of coverage is determined by the policy document and the policy conditions, and it is precisely regarding the interpretation of these that differences of opinion arise in practice. This page is part of our core expertise in Insurance Law; below, we examine business insurance within that legal framework.

At MKB Juristen, lawyers and in-house counsel work together in mixed teams. This allows us to combine the litigation authority and procedural acumen of a lawyer with the practical, business-oriented perspective of an in-house counsel. This makes us suitable for any enterprise, from a listed corporation to an independent entrepreneur.

Types of business insurance

The coverage you need depends on your business activities and the associated risks. The most common business insurance policies are:

• Business Liability Insurance (AVB): covers damage caused to third parties by your company or an employee.
• Professional liability insurance: covers pure financial loss caused by a professional error, relevant for consultants and service providers.
• Directors' and Officers' Liability Insurance (D&O): protects directors and supervisory board members against claims based on improper management.
• Cyber ​​insurance: covers damage caused by data breaches, hacks, and business interruption following a cyber incident.
• Business premises and contents insurance: covers damage to the building, inventory, and trade stock.
• Transport and goods insurance: covers damage to goods during transport and storage.
• Absenteeism and disability insurance: covers the continued payment of wages during employee illness.

The differences often lie in the details: the primary coverage description, the exclusions, the deductibles, and the policy conditions together determine whether a specific claim falls under the policy.

Duty of disclosure when taking out business insurance

Before taking out insurance, the duty of disclosure under Article 7:928 of the Dutch Civil Code applies. You must disclose all facts that you know or ought to know and on which the insurer's decision to conclude the insurance or not depends. If you breach this duty, the insurer may invoke Article 7:929 of the Civil Code (consequences of non-performance) and Article 7:930 of the Civil Code, which regulates whether and to what extent entitlement to benefits still exists.

An important nuance applies to questionnaires: if the insurer has not inquired about certain facts, they cannot, in principle, rely on this later, unless you intentionally misled them. Whether a claim of concealment is justified is often a matter of legal assessment. We weigh the policy, the application form, and the facts to determine your position. See also our page on breach of the duty of disclosure and/or duty to provide information.

Coverage disputes and interpretation of policy conditions

The most common dispute in business insurance is the coverage dispute: the insurer rejects the claim (partially) by invoking an exclusion or an overly restrictive description of coverage. The core question then is how the policy conditions should be interpreted. For the interpretation of policy conditions that have not been individually negotiated, the decisive factor is the meaning an average policyholder may attribute to them.

We assess whether a rejection is justified, put the insurer on notice of default with reasons, conduct a complaint procedure at Kifid , and litigate in court where necessary. Read more about coverage disputes and policy disputes.

Underinsurance and the consequences for your benefit

A common risk is underinsurance: the insured amount is lower than the actual value of the insured interest. In the event of damage, the insurer then pays out proportionally. A correct valuation and periodic review of the insured sums prevent unpleasant surprises. Should a dispute arise nonetheless, we support you with the assessment and in any dispute with the claims expert. See also our page on underinsurance.

When should you hire a lawyer or legal expert?

Engaging our lawyers and in-house counsel pays off in these situations:

• The insurer rejects your claim or pays out only partially.
• The insurer invokes concealment or an exclusion.
• You are unsure whether the policy aligns with your business risks and want to have the terms and conditions reviewed.
• You want to have a new or existing insurance agreement reviewed before you sign.
• You want a second opinion on the position of your insurer or intermediary.

Our approach

We work in clear steps: first, an intake in which we map out the policy, correspondence, and facts; then a legal assessment of your position; subsequently, negotiations with the insurer and, if necessary, proceedings before the Kifid or the court. You know in advance what we are doing, what it costs, and what is realistically achievable.

Frequently asked questions about business insurance

Can an insurer simply reject my business claim?
No. A rejection must be based on the policy conditions or the law and must be justified. We assess whether the rejection is justified.

What happens if I forgot to mention something when taking out the policy?
That depends on the duty of disclosure (Article 7:928 of the Dutch Civil Code) and the consequences thereof (Articles 7:929 and 7:930 of the Dutch Civil Code). Not every inaccuracy leads to the forfeiture of coverage; the facts and the questions asked are decisive.

Do you also help small business owners?
Yes. From an international corporation to the baker on the corner: our mixed teams of lawyers and in-house counsel assist every entrepreneur.

Can I have a policy checked in advance?
Yes. We assess whether the coverage matches your business risks and point out gaps, exclusions, and the risk of underinsurance.