ECLI:NL:RBAMS:2012:BY0150
ECLI:NL:RBAMS:2012:BY0150
AI generated
Court dismisses insurer's claim that plaintiff failed to disclose pre-contractual facts, allowing partial machine damage claim.
Legislator summary
AI generatedThe court dismissed the insurers' argument that the plaintiff failed to disclose specific pre-contractual facts, ruling that the alleged omissions were irrelevant to the claim. While the court acknowledged the plaintiff's duty to inform, it determined that the specific events cited by the insurers did not constitute a breach of the duty to disclose. Consequently, the court allowed the plaintiff's claim for machine and business damage based on the expert report, subject to a referral for further procedural steps regarding repair costs.
Legislator headnote
AI generatedArt. 6:192 BW; Art. 6:228 BW: The duty to disclose pre-contractual facts does not extend to events occurring after the contract is signed or to matters the insured reasonably believes are not material.
Keywords
AI generated
duty to disclose
pre-contractual information
insurance contract
machine damage claim
business interruption loss
insurer's defense
materiality of facts
Cited Legislation
AI generatedArt. 6:192 BW
Art. 6:228 BW
artikel 7:942 van het Burgerlijk Wetboek
artikel 7:942 BW
Artikel 7:941 lid 1 BW
artikel 7:941 lid 4 BW
artikel 7:943 lid 2 BW
artikel 7:941 BW
artikel 7:928 BW
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