What is non-disclosure in insurance?
Brief definition: Non-disclosure occurs when you do not provide or incorrectly provide information when taking out insurance that was relevant for the insurer. This can have serious consequences for coverage, but there are legal protections.
Duty of disclosure
When taking out insurance, you must:
- Answer all questions truthfully
- Provide complete information
- Report known facts that are relevant
- Not withhold information deliberately
Consequences of non-disclosure
Depending on the severity, the consequences may be:
Intentional non-disclosure
- No coverage at all
- Policy may be voided retroactively
- No premium refund
Non-intentional non-disclosure
- Reduced coverage
- Policy adjustment
- Partial compensation
Defense against non-disclosure accusation
- The question was unclear or not asked
- You did not know the information
- The information was not relevant
- Insurer knew or should have known
Legal protection
Article 7:930 Dutch Civil Code provides protection:
- Only deliberate concealment or gross negligence leads to full denial
- With minor fault, proportional reduction
- Insurer must prove the concealment
Frequently asked questions about non-disclosure
What if I forgot something?
If you honestly forgot, this is usually not deliberate non-disclosure. The consequences are then more limited.
Must I report everything unprompted?
In principle, you only need to answer the questions asked. But you must not withhold obviously relevant information.
Can the insurer still cancel years later?
Yes, if non-disclosure is discovered. However, there are time limits and the consequences may be moderated.
Where can I get help with non-disclosure issues in Utrecht?
A lawyer specialized in insurance law can help you with non-disclosure disputes. Contact us for advice in Utrecht.