Suppose: an expat in the Zuidas takes out a health insurance policy late in the evening via his laptop, while the cycle path outside is noisy from the evening rush hour. He forgets to mention a previous burnout. Exactly such a situation can lead to discussion about article 7:928 BW.
Which information must you disclose?
All data that the insurer requires to assess the risk. Consider health details for a life insurance policy, previous claims for a motor policy or renovation particulars for a buildings insurance policy. These facts often affect the premium, the terms or even acceptance.
Consequences of concealment of facts
If the insurer discovers the omission only after a loss, three statutory outcomes apply (articles 7:929-930 BW).
1. A higher premium would have been realistic
The benefit is reduced pro rata. A client near the Parnassusweg who failed to disclose that his teenage daughter also drove received only 60 per cent.
2. The policy would have been refused
Complete rejection is possible, provided the insurer responds in writing within two months. A serious condition that was not disclosed under a life insurance policy is a classic example.
3. Intentional deception
The right to benefit lapses entirely, including for subsequent losses, and the policy may be terminated.
Spontaneous duty of disclosure for certain policies
For life, disability and health insurance policies a heightened duty applies. You must proactively provide relevant medical or criminal-law information, even without an explicit question. This applies particularly to the multicultural client base in Amsterdam, where international employees may have undergone unknown foreign treatments.
Practical cases in the region
- Motor: failure to disclose that colleagues from the Zuidas share the lease car – reduction of benefit
- Home: short-term letting via Airbnb in the Pijp concealed – fire claim fully rejected
- Life: chronic condition concealed four years earlier – benefit after death refused
- Disability: burnout trajectory concealed – claim rejected
Your protection: three concrete steps
- Complete all answers – rather too much than too little
- Retain the application form and emails as evidence
- Report changes such as renovation, new driver or change of occupation
Step to the court or Kifid?
The burden of proof lies with the insurer. It must demonstrate that you knew the fact, that it was relevant and that it would otherwise have acted differently. If it fails to do so, it must pay out in full. In case of doubt you may contact the Juridisch Loket Amsterdam or a specialised lawyer, for example at Arslan Advocaten, Parnassusweg 220, 1076 AV Amsterdam (070 - 4500 300). Proceedings are brought before the Rechtbank Amsterdam.