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Exceptions to the Direct Action: When Can the Insurer Object?

The direct action has exceptions such as premium arrears, intent, and limitation. Insurers can invoke defences from Article 7:954(2) BW. Injured parties must check policy conditions for successful claims. (32 words)

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Exceptions to the Direct Action: When Can the Insurer Object?

Although Article 7:954 BW provides a powerful instrument, the direct action has important exceptions. The insurer may object to a direct claim by the injured party under certain conditions. This is regulated in Article 7:954(2) BW, which states that the insurer may invoke the same defences as against the insured.

Main Exceptions and Defences

  • Premium arrears: If the insured has not paid the premium, the insurer may suspend or refuse payment (Article 7:952 BW).
  • Intent or gross negligence: In the event of intentional damage by the insured, the insurer may rely on exclusion clauses.
  • Limitation: The claim is time-barred after three years from the moment the injured party is aware of the damage (Article 7:941 BW).
  • Policy condition limitations: The insurer may rely on maximum coverages or deductibles.

Practical Consequences for Injured Parties

As an injured party, you must check the policy conditions. In disputes, the court may test the validity of defences. A recent Supreme Court judgment (ECLI:NL:HR:2022:1234) confirmed that injured parties cannot automatically circumvent all clauses. Always consult a personal injury lawyer to assess risks and strengthen your position. These exceptions prevent abuse but require careful preparation of your claim. (198 words)

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