A dock worker on the quayside by the Maas conceals a prior back complaint when applying for his disability insurance after falling from a container crane. Three years later he sustains further injury in heavy traffic on the A15. The insurer discovers the old complaint and refuses payment. Such situations occur more frequently than expected in the port city.
What information must you actually provide?
The law requires you to disclose all facts that the insurer reasonably needs for its risk assessment. This includes previous claims, medical history or criminal convictions. For dock workers or international crew members this often concerns prior accidents involving cranes, lorries or vessels. Structural details of a dwelling in Kralingen or alterations in Feijenoord may also be relevant.
What happens if information is withheld?
If the insurer discovers the non-disclosure only when a claim is made, three statutory outcomes apply. Where a higher premium would have been charged, a proportionate reduction of the benefit follows. If the policy would have been refused outright, the insurer may reject the claim in full provided it responds in writing within two months. In the event of intentional misrepresentation, all rights to benefit lapse and the policy may be terminated.
1. Higher premium with full disclosure
A driver who failed to disclose that he regularly drove a lorry on the A20 received only 55 per cent of the claim amount after a collision.
2. Full rejection possible
An international crew member who did not disclose a chronic condition when taking out life insurance saw the death benefit refused by the insurer.
3. Intent leads to total exclusion
Intentionally concealing a prior burnout when applying for disability insurance may also block subsequent claims arising from another insured event.
Aggravated duty of disclosure — what does that entail?
Life insurance, disability insurance and health insurance are subject to an aggravated duty. You must volunteer relevant facts even without an explicit question. Medical history, prior claims or convictions fall within this duty, a matter that regularly arises for dock and transport personnel in Rotterdam.
Practical examples from case law
- Motor: failure to disclose that several dock workers use the company vehicle — reduction of benefit after a collision on the A15
- Home: failure to notify short-term letting via Airbnb of a property near the Willemsbrug — full rejection following fire damage
- Life: concealment of a cardiac condition five years earlier — benefit refused
- Disability: failure to disclose prior complaints after a fall in the port — claim rejected
How do you avoid problems?
Answer all questions fully and retain the application form together with all correspondence. Actively notify material changes such as a new occupation or building works. In case of doubt you may contact Juridisch Loket Rotterdam or the offices of Arslan at Wilhelminaplein 100, 3072 AK Rotterdam (010 - 4400 400).
What to do in the event of a dispute?
The insurer must prove that you knew the fact, that it was material and that it would have acted differently. If it fails to do so, the benefit must still be paid in full. If the dispute persists you may bring the matter before Rechtbank Rotterdam or Kifid.