Is your insurer refusing to pay after a fire? First ask for a written rejection stating the exact policy clause, together with the full investigation report. Then establish separately whether the dispute concerns the cause, the insurance cover or the amount of the loss. Preserve evidence, limit further damage and have your claim assessed before you sign a final settlement.
Nederlands: Lees dit artikel in het Nederlands: Brandschade, maar de verzekeraar betaalt niet: wat kunt u doen?
Türkçe: Bu makaleyi Türkçe okuyun: Yangın hasarı var ama sigortacı ödeme yapmıyor: ne yapabilirsiniz?
Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar (Nederlandse orde van advocaten) for employment law and personal injury. Last updated: 22 September 2026.
A house fire affects more than walls and furniture. You may have to live elsewhere, buy replacement belongings and make decisions while the loss investigation is still ongoing. A rejection by the buildings insurer or contents insurer adds to that uncertainty. Even so, a letter containing the words ‘not covered’ does not mean that the legal assessment has been settled.
Which insurance covers fire damage?
For a home, there are usually two insurance policies involved. Buildings insurance (opstalverzekering) covers the building and the parts that belong to it. Contents insurance (inboedelverzekering) covers your belongings. For a flat, the buildings insurance may be arranged through the owners’ association (VvE). Tenants may have an interest in improvements they have made themselves, which must be assessed separately.
Draw up an overview per item of loss: damaged kitchen, clothing, smoke damage, damage from extinguishing water, clearance and temporary accommodation. Note which policy may apply to each item. This prevents a dispute about one component from bringing all your other claims to a standstill. Cover for additional costs, maximum amounts and conditions for prior consent differ per insurance policy.
Does the fire concern a business? Damage to the premises, stock and fixtures is separate from losses caused by business interruption. You can read more about this in the article on business interruption insurance that does not pay out.
Why does an insurer reject a fire damage claim?
An insurer may rely on an exclusion, a prevention condition, incorrect information given when the policy was taken out or a change in the use of the home. The parties may also disagree about whether there was a fire at all, how certain damage arose or the value of the damaged items.
Ask for a specific explanation. ‘You did not act with sufficient care’ is not the same ground for rejection as ‘the property was not insured for this use’. Different legal questions and rules of evidence may apply to each ground. A policy condition concerning an electrical installation, for example, must be assessed on the basis of its wording, the applicable law and the actual situation. There is no general rule that every defect in an installation makes all fire damage uninsured.
Where deliberate arson is suspected, a distinction must be made between a suspicion, established facts and the legal consequences for the insured person concerned. Give a factual response and do not speculate about a cause of the fire that you do not know. Also read about your rights during a fraud investigation by the insurer.
Who must prove the cause and the cover?
The main rule is laid down in Article 150 of the Dutch Code of Civil Procedure (Rv): a party that relies on the legal consequences of facts it has asserted bears the burden of proving those facts. In practice, this means that you must substantiate that there is an insurance policy, that an event has occurred that falls within the description of cover and that you have suffered a loss. If the insurer relies on an exclusion, that is an exculpatory defence for which the insurer bears the burden of proof. The same applies where it relies on intent or recklessness (roekeloosheid) (Article 7:952 of the Dutch Civil Code (BW)), on breach of the duty of disclosure (Article 7:928 BW et seq.) or on fraud. The precise allocation depends on how the cover is worded: if a risk is limited in the description of cover itself, the burden of proof is more likely to rest with you than if it is worded as an exclusion. So read the policy with that distinction in mind.
A cause that remains unknown after investigation is therefore not automatically proof of intent or of an excluded event. Conversely, uncertainty does not necessarily mean that every item of loss claimed must be paid. Ask what conclusion the investigator actually draws and which uncertainties remain in the report.
Which evidence should you preserve?
Keep the policy schedule, all applicable conditions and clauses, the rejection letter, fire brigade and investigation information and photos from before and after the fire. Add proof of purchase, bank statements, maintenance invoices and an inventory list. If a receipt is missing, explain how you can prove ownership, age and value in another way.
Do not have damaged equipment or components removed without consultation while the cause is still being investigated. If immediate removal is necessary for safety or to limit further damage, document why it was necessary and record the condition beforehand as well as you can. Safety takes precedence over preserving an object; work with the experts to find a safe way of retaining relevant information.
Also note who had access to the home and when, and which repair work was carried out. This makes it easier to answer a later dispute about traces that have disappeared or additional damage.
Inventory list and cost file
After a fire, the inventory list is the document on which the entire estimate of the loss rests, and at the same time the document people find hardest to draw up, because the house is no longer there. Work room by room and use this format. Start with the expensive items; you can add the rest later.
| Room | Item | Brand / model | Year of purchase | Purchase price | Evidence | Current replacement value |
|---|---|---|---|---|---|---|
| Living room | Sofa, 3-seater | … | 2021 | €1,400 | Invoice, photo from 2022 | €1,650 |
| Living room | 55-inch television | … | 2023 | €850 | Bank statement | €800 |
| Kitchen | Dishwasher | … | 2019 | €600 | Guarantee certificate | €700 |
| Bedroom | Clothing, estimated | – | various | – | Photos of wardrobe, a few receipts | €2,500 (estimate) |
In addition, keep a cost file of everything you spend after the fire. These costs quickly add up and are often insured separately:
| Date | Cost item | Amount | Evidence | Prior consent requested? |
|---|---|---|---|---|
| … | Hotel or temporary housing | € … | Bill | Yes, email from … |
| … | Storage of contents | € … | Rental agreement | Yes |
| … | Emergency measures (covering, boarding up, electricity) | € … | Invoices | Urgent, reported afterwards |
| … | Clearance and disposal | € … | Invoice | Yes |
| … | Necessary replacement purchases | € … | Receipts | – |
| … | Travel costs and additional costs for children | € … | Own overview | – |
What can you do if the compensation is too low?
A dispute about the amount of the loss calls for different arguments from a rejection of cover. Check the valuation basis, depreciation, repair prices, quantities, VAT and any underinsurance. A quotation for full replacement may, for example, conflict with an estimate that only includes local repair.
A counter-expert can investigate technical differences. Ask in advance about the instructions, the significance of any valuation deed (akte van taxatie) and the reimbursement of the costs. On that last point: Article 7:959(1) of the Dutch Civil Code provides that the reasonable costs of establishing the loss are borne by the insurer, even if the sum insured would thereby be exceeded. The costs of your own expert are in principle covered by this, provided they are reasonable; many policies cap them at the fee of the insurer’s expert. You should therefore obtain written confirmation before the appointment of how your insurer will reimburse these costs. An expert who estimates the loss does not automatically also decide the legal dispute about cover. Where there are two differing reports, a targeted comparison matters more than simply a higher final amount. See also conflicting expert reports.
Advance payment, temporary housing and repair
Ask for an advance payment on the part of the loss that is not in dispute. A request is much more likely to succeed if you make clear exactly what you need now and what shows this. Enclose:
- The amount you are requesting now, and what for: for example, three months’ rent for temporary housing plus the first necessary purchases.
- The substantiation per item: the rental agreement or quotation for the temporary housing, a quotation for emergency measures, receipts for costs already incurred.
- The part of the loss that is undisputed: if the insurer only has doubts about one component, say so; the rest can be paid out.
- The expert report or its interim findings: or, if there is none yet, your own inventory list with the most expensive items.
- Your account number and account holder name: and, if you have a mortgage, whether the bank must co-sign as pledgee.
- The express condition that this is not a final settlement: see the sample sentence below.
Include the following wording in your request: “I request that you pay this advance on the express condition that it does not constitute an acknowledgement or final settlement of my other items of loss, and that the amount will be set off against the final payment.” Without that sentence, you run the risk that an interim payment will later be presented as a final payment.
Ask the insurer to state in writing which costs for emergency measures, storage and accommodation will be accepted. Consent for a few nights in a hotel is not automatically consent for months of alternative accommodation. Keep a cost file with the date, reason, invoice and proof of payment.
A well-reasoned objection to the rejection
Start your response with the policy number and claim number. Summarise the ground for rejection correctly and explain point by point why you disagree with it. Refer to specific enclosures and ask for a reassessment, the missing investigation documents and a date for a substantive response. Make clear which payment or next step you require.
There is no general six-week time limit for objecting to an insurance rejection; that is an administrative law time limit that does not apply here. What does apply is Article 7:942 of the Dutch Civil Code: your claim against the insurer becomes time-barred after three years from the day following the day on which you became aware that it was due and payable. You interrupt that limitation period with a written notice in which you claim payment; if the insurer has unequivocally rejected the claim, a new three-year period begins from the following day. Policy terms and complaints procedures may also play a role. A complaint to Kifid, the Dutch Financial Services Complaints Tribunal, may be an option if your complaint falls within the applicable rules of the Disputes Committee; civil proceedings are another route. The best choice depends on, among other things, the evidence, urgency, the size of the claim and the costs.
Fire investigation and a suspicion of arson
A technical report on the place of origin and cause of a fire does not automatically prove who was involved or with what intent. Ask which traces were examined, which alternative causes were considered and which conclusion falls within the investigator’s expertise.
Keep photos, maintenance records and information about the people and installations present. Have the necessary emergency measures carried out and coordinate further expert investigation before traces disappear unnecessarily. Also ask which undisputed costs, such as certain emergency measures, can be assessed separately.
Also read about the burden of proof in fraud cases, challenging a report and a loss valuation that is too low.
Frequently asked questions about rejected fire damage claims
Is smoke damage also fire damage?
Smoke and soot damage may form part of an insured fire claim. Whether a specific item is covered depends on the policy and the cause. Also have cleaning, odour removal and any replacement estimated separately.
May I start clearing up already?
Take necessary safety measures and limit further damage. Coordinate non-urgent clearance with the insurer while an investigation is needed. Take photos and keep relevant items, so that repairs do not inadvertently remove important evidence.
Does the insurer always have to pay for my counter-expert?
That must be assessed on the basis of the statutory rules, the policy and the reasonableness of the costs. Ask for clarity in writing in advance. Moreover, a loss appraisal and legal advice are not subject to the same rules on costs.
Can I claim compensation without all the purchase receipts?
A missing receipt need not automatically block your claim. Other documents can help, such as bank statements, photos and purchase history. The evidential value is assessed per item of loss.
What if the insurer says my home was vacant?
Check the policy definition, the actual occupation of the home and what you reported previously. Vacancy can change the cover. The consequences differ per policy and type of loss; see vacancy, letting and renovation.
When does an insurance law attorney add value?
Particularly in the case of a complete rejection, an allegation of intent, major financial consequences or a deadlocked dispute about evidence. An attorney can assess the policy and reports from a legal perspective and weigh up the next steps.
Have your rejection assessed
Would you like to know what your insurer bases its refusal on and how you can respond? Contact Arslan Advocaten and have the policy, the rejection and any available reports to hand. You can find more about our legal approach on the insurance law page.
Legally reviewed by Onur Arslan, attorney at Arslan Advocaten. Reviewed on 13 September 2026.
