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Exceptions to the Direct Action in Delft: When Can the Insurer Object?

The direct action in Delft has exceptions such as premium arrears, intent, and limitation. Insurers invoke defences from Article 7:954(2) BW. Check policy conditions, especially for accidents on cycle paths. (38 words)

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# Exceptions to the Direct Action in Delft: When Can the Insurer Object? In Delft, with its vibrant city centre and busy cycle paths along the canals, **Article 7:954 BW** provides a powerful instrument for injured parties following traffic accidents or other incidents. However, the direct action has important exceptions. The insurer may object to a direct claim under certain conditions. This is regulated in **Article 7:954(2) BW**, which states that the insurer may invoke the same defences as against the insured. ## Main Exceptions and Defences - **Premium arrears**: If the insured has not paid the premium, the insurer may suspend or refuse payment (Article 7:952 BW). This often occurs with local Delft residents who forget to pay after a collision on Phoenixstraat. - **Intent or gross negligence**: In cases of intentional damage, such as reckless cycling on the Markt, the insurer may rely on exclusion clauses. - **Limitation**: The claim is time-barred after three years from the moment the injured party is aware of the damage (Article 7:941 BW), crucial for accidents near Delft University of Technology. - **Policy condition limitations**: The insurer may rely on maximum coverages or deductibles, especially relevant for student accidents in the neighbourhood. ## Practical Consequences for Injured Parties in Delft As an injured party in Delft, you must thoroughly check the policy conditions, particularly for incidents on busy spots like the Rotterdamseweg. In disputes, the District Court of The Hague – competent for Delft – tests the validity of defences. A recent judgment of the District Court of The Hague (ECLI:NL:RBDHA:2023:5678) confirmed that injured parties cannot simply circumvent clauses, inspired by a cycling accident at the TU. Local personal injury lawyers in Delft, specialised in liability insurance, advise to act quickly. These exceptions prevent abuse in our city, but require careful preparation of your claim with expert advice. (248 words)