A software developer from Zoetermeer drives to Den Haag every morning via the A12. When taking out his car insurance, he forgets to mention that his teenage daughter sometimes takes the wheel. After an accident, that detail proves crucial. The duty of disclosure, laid down in article 7:928 BW, obliges you to disclose all facts that an insurer reasonably requires for a proper risk assessment.
Which information must you share?
Consider data that would have influenced the insurer at the time of application. This concerns three key points:
- Whether the policy would have been issued at all
- Which exclusions or deductibles would have applied
- How high the premium would have been
Examples range from medical history for a life insurance policy to previous claims under a household contents policy or renovation details of a property in Rokkeveen.
Consequences of non-disclosure
If the insurer discovers the withheld information only after a loss, three statutory outcomes apply pursuant to articles 7:929-930 BW.
1. Higher premium if information had been correct
The benefit is reduced proportionately. Failure to mention an additional driver on the A12 may mean that only sixty percent is paid out.
2. Policy would have been refused
Complete rejection is possible provided the insurer responds in writing within two months. Non-disclosure of a chronic condition under a life insurance policy often results in no payout.
3. Intentional deception
Intent leads to forfeiture of all rights to benefits, including for future losses. The policy may be terminated immediately.
Enhanced duty of disclosure for certain policies
A stricter duty applies to life, disability and health insurance policies. You must then also spontaneously disclose relevant details, such as previous burnout trajectories or criminal convictions, even without an explicit question.
Practical examples from the region
- Car on the A12: failure to disclose that a younger driver uses the vehicle — reduction of the benefit
- Property in Buytenwegh: short-term rental via Airbnb concealed — complete rejection after fire
- Life insurance: chronic illness four years earlier concealed — benefit refused after death
- Disability insurance: previous burnout not reported — claim rejected
How to avoid problems
Observe three simple guidelines. Answer all questions as fully as possible. Retain the application form and all emails as evidence. Actively report major changes during the policy term, such as a new job in the IT sector or renovations.
What to do in the event of a dispute?
The insurer must prove that you were aware of the fact, that it was relevant and that it would have acted differently. If it fails to do so, full payment will still follow. Consider submitting the matter to Kifid or instructing a lawyer. Firms such as Arslan at Argonstraat 26 in Zoetermeer can assist you further; proceedings are conducted before the Rechtbank Den Haag or via Juridisch Loket Zoetermeer.