Publication
WAM policy: who is the driver of a car? Supreme Court questions ECJ in ‘handbrake trigger’ case
The Supreme Court on 5 July 2024 referred questions to the CJEU on the interpretation of the term ‘driver’ in European rules on WAM insurance. In this case, lawyer Marieke van der Keur is conducting the cassation proceedings on behalf of the WAM insurer. Read more
Publication
Chambers: an introduction to the Dutch Insurance Market
For Chambers and Partners, Jan Ekelmans and Frank Schaaf, partners at Ekelmans & Meijer, wrote and overview of the Dutch insurance market. Read more
Publication
Travel Insurance in times of COVID-19 – view from The Netherlands
Due to Covid- 19 travel insurance companies have had to face many claims under the travel insurance policies in the past months. Read more
Publication
Unclear clauses in a bourse policy
This article will discuss in which way an unclear clause in a bourse policy, concluded on the Dutch insurance bourse on the basis of co-insurance, should legally be determined. Read more
Publication
A step into the Dutch world of product liability: subrogation claims
In this article you will find an overview of the possibilities for subrogated insurers to claim damages from producers for a defective product. Read more
Publication
When are you entitled to immaterial compensation under Dutch law?
The Dutch Supreme Court ruled on immaterial compensation. This time in a case involving a detainee who was placed under a too strict detention regime by the Dutch government. Read more
Publication
The Obstacle Criterion
Dutch healthcare insurers provide three types of insurance. Under the in-kind contracted care policy, the insurer reimburses the provided care received by contracted care providers. Read more
Publication
CAR coverage for inherent defects and its limits
In the Netherlands, the central notion in the description of coverage of a Construction All Risk (CAR) policy is material damage. Without material damage there is no coverage under the CAR policy. Read more
Publication
Dutch Supreme Court: no loss of claim in case of fraud committed against the insurer by a third party victim
On 6 July 2018 the Dutch Supreme Court gave a fundamental decision on the consequences of fraud committed by a third party victim against the insurer of the liable party. Read more