Court dismisses appeal against insurer's agent for breach of duty regarding storm damage insurance claim.
Legislator summary
AI generatedThe Court of Appeal dismissed the appellant's appeal against the first-instance judgment, confirming the rejection of claims for breach of duty by the insurance intermediary. The appellant argued that the intermediary failed to properly calculate insurance benefits after Hurricane Irma, but the court found no evidence of intentional misconduct or gross negligence. Consequently, the court held that the intermediary fulfilled its procedural obligations and the appeal failed.
Legislator headnote
AI generatedArticles 6:162 and 6:164 BW; The court held that an insurance intermediary's duty of care does not extend to guaranteeing the accuracy of benefit calculations absent gross negligence or intentional misconduct, and that procedural burdens do not constitute substantive legal obligations to the client.