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Direct Action in Business and Corporate Liability

Direct action applies to business AVB policies with higher limits. Specifically for CMV and employers' liability. Advantage in bankruptcies. (20 words)

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Direct Action in Business and Corporate Liability

In cases of damage caused by enterprises, direct action also applies, but with nuances for AVB policies (Business Liability Insurance). Article 7:954 of the Dutch Civil Code is fully applicable here, including CAR and CMV insurances.

Specific Aspects for Enterprises

  • Higher limits: Business policies often cover millions, ideal for large-scale damage.
  • Multiple insured parties: Direct claim possible against the primary insurer.
  • Employers' liability: In work accidents, occupational health service coverage takes precedence (Article 7:658 Dutch Civil Code).

Practical Examples

In a traffic accident involving a truck, target the CMV insurer. District Court Rotterdam (ECLI:NL:RBROT:2023:567) awarded €250,000 via direct action. Exception: if the enterprise bears its own risk, this is recovered first. Victims benefit from faster payments, especially with bankrupt companies. Check the UWV register for subrogation rights. Experts advise bundling claims in collective damage. This variant strengthens position against larger players. (199 words)

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