Second opinion lawyer & legal expert

What we do

A second opinion is requested when someone disagrees with the outcome of a particular examination. During a second opinion, a second expert reviews the examination and assesses the results again. In principle, the second expert does not perform the same examination again themselves.

In our insurance law practice group, expert and pragmatic advice can be provided regarding the potential request for a second opinion. Furthermore, we provide advice when a second opinion does not yield the desired and/or expected outcome.

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.

When is a second opinion useful in insurance law?

Within insurance law, a second opinion is relevant in a wide range of situations. For example, you might request a second opinion when your insurer rejects a claim based on a questionable interpretation of the policy conditions, when you disagree with a report from the claims expert, or when you doubt whether the chosen strategy in ongoing proceedings is still the right one. A fresh perspective from a second expert can also make the difference in the case of an impending settlement agreement or a settlement proposal: before you sign, you will know if there is still room for negotiation.

A second opinion provides new perspectives. Those who have become fixated on certain positions sometimes miss an alternative route to coverage or an amicable settlement. We assess your case independently and tell you honestly whether the previous approach is correct or if it could be improved — for the international group just as much as for the baker on the corner.

Second opinion and the dispute resolution procedure of your legal expenses insurance

If you have legal expenses insurance, you are almost always entitled to a second opinion via the so-called dispute resolution procedure. This procedure applies when you and your insurer's legal counsel disagree on the substance of the case regarding the chances of success or the approach to your matter. This arises in three typical situations:

• Your insurer refuses to handle the case because, according to them, there is no reasonable chance of success;
• Your insurer is discontinuing an ongoing case because the chances are unfavorable;
• You disagree on the legal strategy.

The dispute resolution procedure works as follows: both parties state their position, the dispute is submitted to an independent, specialized lawyer, who issues a binding opinion. If you are found to be in the right, the insurer must follow the advice — often by engaging an external lawyer after all. In all cases, the costs of the second opinion are borne by the legal assistance insurer. If your insurer does not offer the dispute resolution procedure, you can turn to the Kifid.

Free choice of lawyer: you choose your own second opinion

In addition to the dispute resolution procedure, based on your right to free choice of counsel, you have the option to choose a lawyer yourself for judicial or administrative proceedings, at the expense of your legal assistance insurer. This right is enshrined in Article 4:67 of the Financial Supervision Act (Wft) and is based on European regulations (originally Directive 87/344/EEC, now incorporated into Solvency II Directive 2009/138/EC). The Court of Justice of the European Union interpreted this right broadly in the so-called DAS judgment: free choice of counsel may also apply in phases preceding proceedings. We would be happy to assess whether your policy and the specific situation offer you this right, so that a second opinion need not, in principle, cost you anything.

Second opinion on a coverage dispute or expert report

Not every second opinion revolves around legal expenses insurance. Often, it concerns the substance of the insurance law dispute itself. We provide an independent judgment on a coverage dispute, the interpretation of policy conditions , or a claims expert's report that works to your disadvantage. The core of insurance law lies in Article 7:925 and subsequent articles of the Dutch Civil Code (BW), including the insurer's obligation to pay out and the interpretation of the agreement. If you have doubts about the accuracy of an expert assessment, you can have a counter-assessment carried out; our second opinion determines whether this is sensible and feasible. This prevents you from accepting an outcome that does not hold up legally.

How we handle a second opinion

Our insurance law practice group consists of mixed teams of lawyers and (in-house) legal counsel. We review your case with a fresh perspective, compare the facts against the policy and the law, and provide you with clear and pragmatic advice: pursue the case, settle, or take a different approach. In doing so, we take into account any remaining time limits—for example, a time limit for an appeal that has not yet expired—so that you can act in a timely manner. Whether you manage a large corporation or run a sole proprietorship, you will receive an independent and well-substantiated opinion that allows you to move forward.