ECLI:NL:RBDOR:2012:BY6403
ECLI:NL:RBDOR:2012:BY6403
AI generated
Insurance court awards damages for misrepresentation of investment returns in mixed life insurance policy.
Netherlands (NL)
Legislator summary
AI generatedThe court ruled that the insurer failed in its duty of care by misleading the policyholder regarding investment performance. While the claim for damages based on breach of contract was rejected, the court found a tortious act due to the significant discrepancy between the promised 8% return and the actual 0.21% achieved over ten years. Consequently, damages for the loss of state pension were awarded, but costs for disputed collection fees were denied.
Legislator headnote
AI generatedArticles 6:162 and 6:218 of the Civil Code; The insurer's duty of care requires accurate disclosure of investment risks, and misleading representations regarding guaranteed returns constitute a tortious act when actual performance falls drastically short of projections.
Keywords
AI generated
duty of care insurance
misrepresentation investment returns
tortious act breach
state pension loss
mixed life insurance policy
Cited Legislation
AI generatedArticle 7:418 jo 7:427 of the Civil Code
Article 6:162 of the Civil Code
Article 6:218 of the Civil Code
artikel 7:401 BW
artikel 7:400 BW
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