Insurance law solicitor — resolving disputes with your insurer
You take out insurance to cover a risk. But what if your insurer refuses to pay, rejects your claim, or accuses you of fraud? Disputes with insurers are more common than people expect, and the consequences are serious: no cover, and often costs on top. Our insurance law specialists act for private clients and businesses in disputes with their insurer, in English, Turkish, Polish and Dutch.
What kinds of disputes do we handle?
1. A rejected claim
- The insurer argues that the damage falls outside the cover.
- Disagreement about the policy conditions or the exclusions.
- Delay in payment, or refusal to pay at all.
2. Allegations of fraud and registration in the EVR
- An unfounded accusation of fraud.
- Registration in the Extern Verwijzingsregister (EVR), which can make you effectively uninsurable.
- Proceedings to have an EVR registration removed.
3. Cancellation or termination of the policy
- The insurer ends the policy for an alleged breach of the conditions.
- Disagreement about automatic renewal or the notice period.
4. Health, disability and life insurance
- Refusal to pay out on incapacity for work.
- Disputes about the health declaration you gave when taking out the policy.
- Disputes about term life and life insurance.
5. Liability and legal expenses insurance
- Rejection of liability claims.
- A legal expenses insurer that refuses to provide assistance.
- Disputes about the free choice of lawyer.
Two deadlines that decide your case
Report the loss without delay, and do not let the claim become time-barred. Under Article 7:941 of the Dutch Civil Code you must notify the insurer as soon as you reasonably can; late notification only costs you your right to payment if the insurer is actually prejudiced by it, or in cases of intent to mislead. Separately, Article 7:942 sets a limitation period of three years from the day after you became aware that payment was due; once the insurer has rejected the claim in writing, a new period starts running. Missing that deadline ends the case regardless of its merits.
What you told the insurer when you took out the policy
Insurers often fall back on the duty of disclosure. Article 7:928 of the Dutch Civil Code requires you to tell the insurer, before the contract is concluded, everything you know or ought to know that is relevant to the risk. If something was left out, the consequences are set out in Article 7:929 and Article 7:930. Those consequences are graduated: an insurer cannot simply refuse everything. Where the insurer would still have accepted the risk on different terms, payment is reduced rather than cancelled. That distinction is often where a rejected claim can be turned around.
Intent, recklessness and the fraud allegation
An insurer does not have to cover damage you caused intentionally or with reckless disregard (Article 7:952 of the Dutch Civil Code). But the burden of proving intent lies with the insurer, and in practice that burden is a heavy one. A suspicion, an inconsistency in a statement, or the findings of an investigation bureau are not the same thing as proof.
The consequences of a fraud finding reach beyond the single claim. A registration in the EVR is shared between insurers through Stichting CIS, and it can block you from taking out insurance, and sometimes from obtaining credit, for years. A registration must be proportionate and properly substantiated; where it is not, it can be challenged and removed.
Free choice of your own lawyer
If you have legal expenses insurance and a court or administrative procedure is started, you may choose your own lawyer — the insurer pays. This right follows from Article 4:67 of the Dutch Financial Supervision Act (Wet op het financieel toezicht) and from the case law of the Court of Justice of the European Union, which reads the concept of a “procedure” broadly. Insurers do not always mention this right of their own accord. If you are in a dispute and your insurer has assigned you an in-house lawyer, it is worth asking about it.
How a case against an insurer runs
- Policy and claim analysis — we go through your policy conditions and the stated ground for the rejection.
- Negotiation with the insurer — a settlement is often reachable once the legal position is set out properly.
- Kifid or the civil court — where necessary we litigate before the Financial Services Complaints Board (Kifid) or the civil court. Which route is better depends on the amount at stake, the evidence and the time available; we will tell you which we think fits your case.
- Payment or reinstatement — the aim is that you receive what you are entitled to, or that a registration against you is removed.
What to do if your insurer rejects your claim
- Read the policy conditions and the rejection letter carefully; the stated ground determines the defence.
- Collect all correspondence, photographs, reports and evidence before anything is lost.
- Do not sign a settlement or a statement under time pressure.
- Watch the deadlines: the three-year limitation period, and any period stated in the rejection letter.
Frequently asked questions
Can my insurer simply cancel my policy?
No. Cancellation is only possible on the grounds set out in the policy conditions and in the law, and it must be properly reasoned. An unjustified cancellation can be challenged.
What is an EVR registration?
A registration in the Extern Verwijzingsregister, the external warning register used by financial institutions in cases of suspected fraud. It is shared through Stichting CIS and makes taking out new insurance very difficult. Registrations that are disproportionate or insufficiently substantiated can be removed.
Kifid or the court?
Kifid is the more accessible route for consumers; the court is sometimes the better one, for example where evidence has to be taken or the amount is substantial. We advise on the choice before you commit to either.
Am I entitled to choose my own lawyer under my legal expenses policy?
Yes, once a judicial or administrative procedure is started. See the section above.
What will it cost?
That depends on the case. We set out the basis for our fees before we start, and we will tell you when we think the costs are not proportionate to what is at stake.
Talk to us about your situation
The first conversation is free of charge and confidential: we will tell you where you stand, which deadlines are running, and whether we think a case is worth bringing. Call +31 70 450 0300 or request a review.
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Assessment of liability issues
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Holding third parties liable
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Claims for damages
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Defense against liability claims directed at you
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Complaint procedures against your insurer
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Inclusions in internal and external registers (including CIS) due to fraud
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Disputes over the interpretation of policy conditions