Are two insurers pointing at each other while your loss remains unpaid? First check whether both policies cover the same loss and the same insured interest. Having several insurance policies does not automatically mean double cover, but an insurer also cannot simply state, without explanation, that someone else has to pay.
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Written by Onur Arslan, attorney at Arslan Advocaten. Do you have questions about your own situation? Get in touch.
The same loss or different interests?
Buildings insurance and contents insurance can cover different parts of a single event. The liability insurance of the person who caused the damage and your own property insurance are based on different claims. Legal expenses insurance funds legal assistance and is not the same as insurance of the material loss.
For each policy, list the insured person, the insured interest, the head of loss and the event. This shows whether there is genuinely overlapping cover or whether each insurer has to assess a different part. Where rented property, an owners’ association (VvE) or group business policies are involved, drawing these boundaries is particularly important.
Other-insurance clauses and statutory rules
A policy may contain a provision that refers to other cover. How such clauses interact requires interpretation; two cross-references do not resolve the problem by themselves. The statutory rules on overlapping indemnity insurance can be found in, among other provisions, Article 7:961 of the Dutch Civil Code.
Ask each insurer to assess in writing its own cover and any priority provision. In addition, have it determined which claim you can pursue yourself and which apportionment is a matter between the insurers.
No double compensation
Under indemnity insurance, the same loss may not be compensated twice without limit. Report payments received and state what they relate to. Compensation for vehicle damage is not automatically compensation for personal injury, but an identical repair invoice cannot be collected from several parties without explanation.
Fixed-benefit insurance can work differently from indemnity insurance. A fixed payment under accident insurance should therefore not simply be treated in the same way as reimbursement of costs actually incurred. Any set-off in a liability case also requires a separate assessment.
A practical route to payment
Report the loss in good time to all insurers that may reasonably be involved. Ask who is coordinating the investigation and how duplicate loss adjustments will be avoided. Keep a central overview of reports, amounts paid and outstanding items.
If part of the loss is covered and sufficiently established, ask for a decision on that part. A dispute between insurers about apportionment does not always have to mean that all communication and investigation come to a halt. Monitor the limitation period and notification deadlines separately for each claim.
Frequently asked questions
May I report the claim to both insurers?
That may be necessary. When doing so, give accurate information about other insurance policies and payments received.
Will my loss be compensated twice?
With indemnity insurance, double compensation for the same loss is not the starting point. A different assessment may apply to fixed-benefit insurance.
What if both policies refer to the other one?
Have the clauses and the statutory rules on overlapping insurance assessed in relation to each other.
What does Arslan need?
All relevant policies, refusals, loss calculations and payment statements.
Read more about water damage, liability cover and limitation periods.
Have it determined which insurer can be held responsible for which loss.
This page provides general information and is not legal advice about your own situation. No rights can be derived from its content.
