ECLI:NL:RBZUT:2004:AQ5699
ECLI:NL:RBZUT:2004:AQ5699
AI generated
Insurance court rejects insurer's unfair contract clause defense, ordering full payment of fire damage claim.
Legislator summary
AI generatedThe court rejected Achmea's defense based on Article 251 of the Commercial Code, which claimed the insured failed to disclose relevant information. Although the insured answered 'no' to past claims, the court found that the insurer could have secured additional security, such as an assignment of collection rights, to mitigate the risk of non-payment. Consequently, the court ruled that invoking the unfair clause was unreasonable and ordered Achmea to pay the insured's fire damage claim.
Legislator headnote
AI generatedArticle 251 Wetboek van Koophandel; Article 6:230 BW: The insurer cannot rely on a non-disclosure defense if the insured has consistently paid premiums, as invoking such a clause under the principle of good faith is unreasonable.
Keywords
AI generated
insurance contract
non-disclosure defense
unfair contract terms
good faith principle
commercial code article 251
Cited Legislation
AI generatedArticle 251 of the Commercial Code
Article 6:230 of the Civil Code