Legislator Case Law & Legislation
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.

Case Number ECLI:NL:RBZUT:2004:AQ5699
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The 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 generated

Article 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 generated
Article 251 of the Commercial Code
Article 6:230 of the Civil Code

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