Suppose you live in Benoordenhout and are completing the application form for a new buildings insurance policy while the renovation of your home on Van Ouwenlaan is still ongoing. In that case, one overlooked detail can later cause significant problems. The duty of disclosure (mededelingsplicht), laid down in article 7:928 BW, obliges you to report all facts relevant to the insurer when taking out the policy.
Which information falls under the duty of disclosure?
This concerns information that the insurer would have used to assess the risk differently. This includes:
- The decision whether or not to accept the application
- Any exclusions or a higher excess
- The final premium amount
Examples include medical history for a life insurance policy, previous claims payments for a motor policy or renovation details for a home insurance policy.
Consequences of non-disclosure of facts
If the insurer discovers during claims handling that you concealed information, three statutory outcomes apply (articles 7:929-930 BW).
1. Non-disclosure would have resulted in a higher premium
The benefit is proportionally reduced. For example, if you regularly drive with your teenage son along Prinses Beatrixlaan and failed to report this, the compensation may be reduced to sixty percent.
2. Non-disclosure would have led to rejection
Full refusal is possible, provided the insurer notifies you in writing within two months of discovery. An unreported chronic condition in a life insurance policy may lead to this outcome.
3. Intentional deception
In the event of intent, all rights to payment lapse, even for subsequent claims. The policy may also be terminated immediately.
Enhanced duty of disclosure — what does this entail?
A stricter variant applies to life, disability and health insurance policies. You must then proactively disclose information that you reasonably consider relevant, even without an explicit question. This applies in particular to medical history, previous claims and criminal convictions.
Practical examples from case law
- Motor: failure to disclose that several persons from the Bezuidenhout area use the vehicle — reduction of the benefit
- Home: Airbnb letting of the attic in a property on Javastraat not reported — rejection of a fire claim
- Life: chronic illness concealed four years earlier — benefit refused after death
- Disability: previous burnout trajectory not disclosed — claim rejected
How do you protect yourself?
Three simple rules:
- Answer questions fully — when in doubt, provide too much rather than too little information
- Retain the application form and all correspondence as evidence
- In the event of changes during the policy term: actively report significant changes (renovation, new driver, different occupation)
In the event of a dispute regarding non-disclosure
The burden of proof lies with the insurer. The insurer must demonstrate that you were aware of the fact, that it was relevant and that it would have acted differently. If this cannot be proven, full payment will still follow. In doubt? Submit your case to Juridisch Loket Den Haag or a specialised lawyer. You can also visit our Arslan office on Parkstraat in Den Haag or call for an initial consultation. The Rechtbank Den Haag regularly handles such matters.