Suppose you live on the Generaal Spoorlaan and drive every morning via the A13 towards Den Haag for work. A minor detail about your health or a previous claim that you fail to disclose when taking out a policy can later lead to unpleasant surprises. The law requires you to share relevant facts; otherwise you run the risk that a claim will be rejected or substantially reduced.
Which information must you disclose?
All circumstances that the insurer needs to assess the risk correctly. Consider medical history for a life or disability insurance policy, previous payouts under a motor policy or renovation details for a buildings insurance policy. The fact that you commute daily via the A4 or A12 may also be relevant for premium calculation.
Risks of incomplete disclosure
If the insurer only discovers at the time of a claim that you withheld information, three possible outcomes apply. Where a higher premium would have been charged, a proportionate reduction of the benefit follows. If the policy would have been refused outright, the benefit may be withheld entirely provided the refusal is notified in writing within two months. In the event of intentional misrepresentation, all rights to benefit lapse and the policy may be terminated.
Higher premium had the fact been known
Example: you occasionally allow a young neighbour from the ‘t Haantje district to drive your car but do not disclose this. In the event of a collision on the A12 the benefit may be reduced to sixty per cent.
Refusal of the policy
In the case of a life insurance policy taken out through an adviser in Rijswijk, if you withhold a chronic condition the insurer may refuse the benefit after death.
Spontaneous duty of disclosure for certain policies
A heightened duty applies to life, disability and health insurance policies. You must then also volunteer facts that you reasonably consider relevant, such as a previous burnout or a criminal record.
Practical situations from the region
- Motor: failure to disclose that the vehicle is also used for commuting via the A13 – reduced benefit in the event of damage
- Home: failure to disclose Airbnb letting of a room in a Rijswijk terraced house – full rejection in the event of fire
- Disability: failure to disclose previous complaints – claim rejected at the Juridisch Loket Den Haag
Protecting yourself against problems
Three concrete steps: answer every question fully and retain the application form together with all correspondence. Report interim changes such as a renovation or new driver immediately. In case of doubt, contact the Arslan office at Generaal Spoorlaan 35 in Rijswijk on 070-4500300.
What to do in the event of a dispute?
The burden of proof lies with the insurer. It must demonstrate that you knew the fact, that it was relevant and that it would have acted differently. If it fails to do so, it must still pay out. You may submit your case to the Rechtbank Den Haag or consult a specialist lawyer.