Direct Action in Business and Corporate Liability in Rotterdam
For business AVB policies in Rotterdam, direct action applies with higher limits, specifically for CMV and employers' liability in the port. Advantage in bankruptcies. (24 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
# Direct Action in Business and Corporate Liability in Rotterdam
In the bustling port city of Rotterdam, where logistics and industry are central, direct action applies to damage caused by enterprises with specific nuances for **AVB policies** (Business Liability Insurance). Article 7:954 of the Dutch Civil Code (BW) is fully applicable here, including CAR and CMV insurances, crucial for the Rotterdam transport sector.
## Specific Aspects for Rotterdam Businesses
- **Higher limits**: Policies in the Maasstad often cover millions, essential for large-scale port accidents or Maasvlakte incidents.
- **Multiple insured parties**: Direct claim possible against the primary insurer, convenient for complex supply chains in Rotterdam.
- **Employers' liability**: In workplace accidents in Rotterdam industry, occupational health service coverage takes precedence (Article 7:658 BW), especially relevant for dockworkers and factory employees.
## Practical Examples from Rotterdam
In a traffic accident involving a truck on the A15 or Benelux highway, you target the CMV insurer directly. The District Court of Rotterdam (ECLI:NL:RBROT:2023:567) awarded €250,000 via direct action to victims of a port accident. Exception: if the Rotterdam enterprise bears its own risk, this is first recovered from the perpetrator. Victims in the region benefit from faster payments, especially in bankruptcies of local transport companies. Check the UWV register for subrogation rights and consult the KvK Rotterdam for policy details. Experts in the port city advise bundling claims in collective damage, such as Maascontainer incidents. This approach strengthens the position of victims against major Rotterdam players such as ECT or APM Terminals. (218 words)