Imagine: a TU Delft student cycling one morning along the Phoenixstraat collides with a boat on the canal. The bicycle insurance later pays out only partially because an old injury was not disclosed. Such situations occur more frequently in the student city than one might think.
The Scope of the Duty of Disclosure
Article 7:928 BW requires that, when taking out a policy, you must disclose all facts relevant to the insurer. This includes medical history, previous claims or structural details of a property in Delft’s historic centre. These data affect whether the policy is accepted, which exclusions apply and the level of the premium.
Consequences of Non-Disclosure in Claims
If the insurer discovers during claims handling that information was withheld, three outcomes apply under the law. Where a higher premium should have been paid, a proportionate reduction in the payout follows. If the policy would have been refused outright, the payout may be withheld entirely, provided the refusal is notified in writing within two months. In cases of intentional misrepresentation, all rights to a payout lapse and the policy may be terminated.
Higher Premium with Full Information
Example: an expat in Delft-Zuid fails to disclose that several housemates use the car. After a collision on the Schie, only part of the loss amount is received.
Full Refusal Possible
In a life-insurance policy where a chronic condition was not mentioned, the payout may be refused after death.
Heightened Duty for Certain Policies
A stricter duty applies to life, disability and health insurance policies. You must then also proactively provide information you consider relevant, such as prior burnout trajectories or criminal convictions. This applies particularly to international residents around TU Delft who often take out multiple policies.
Practical Situations in Delft and Surroundings
- Bicycle accident: failure to disclose that an electric bicycle is used daily along the canals — reduced payout after a fall near the Phoenixstraat
- Property: short-term letting via platforms not disclosed for a building on the Oude Delft — refusal in case of fire damage
- Motor vehicle: previous damage not disclosed under a policy for a car also driven by housemates — reduction of payout
Steps to Prevent Problems
Answer all questions on the application form completely and retain all correspondence. Report any interim changes, such as a new resident or renovation, immediately. In case of doubt, you may contact the Juridisch Loket Delft or the office of Arslan at Phoenixstraat 16, 2611 AL Delft (070 - 4500 300).
Disputes and Legal Assistance in The Hague
The burden of proof rests with the insurer. It must demonstrate that you knew the fact and that it would have affected the policy. If this cannot be shown, full payout still follows. In the event of ongoing disagreement, the matter may be submitted to Kifid or to a lawyer who litigates before the Rechtbank Den Haag.