Suppose a haulier with heavy equipment on the N213 loses a load of pallets at a greenhouse complex in Naaldwijk. When taking out the liability insurance he had failed to disclose that he regularly allows seasonal workers to travel with him. That single omission can change everything later.
Which information must you disclose when taking out insurance?
All facts that the insurer requires for a proper risk assessment fall under the duty of disclosure. These include previous claims, medical history or special conditions of use of business equipment in greenhouse horticulture. Details concerning temporary workers in the greenhouses are also relevant.
Consequences of failing to comply with this duty
If the insurer discovers the non-disclosure only when a claim is made, three statutory outcomes apply. If a higher premium would have been charged, a proportionate reduction in the payout follows. If the policy would have been refused altogether, full rejection may follow provided this is notified in writing within two months. Intentional misrepresentation results in forfeiture of all rights and termination of the policy.
Higher premium on honest disclosure
A practical example: a grower fails to disclose that his tractor is also driven by seasonal workers. After an accident on the premises on Verdilaan he receives only partial compensation for the damage.
Rejection in the event of medical or safety risks
In the case of an occupational disability insurance policy for greenhouse workers, withholding information about a previous burnout may result in no payout at all.
Intentional misrepresentation
In this case the right to payment is forfeited entirely, including for future damage.
Aggravated duty of disclosure in practice
A stricter variant applies to life, occupational disability and health insurance policies. You must then also provide, on your own initiative, information you consider relevant, such as criminal convictions or previous incidents involving agricultural equipment.
Practical examples from the region
- Transport: failure to report that a lorry regularly visits greenhouse complexes near Monster — reduction of compensation after a collision
- Labour: concealment of a previous forklift accident in a greenhouse on Poelweg — full rejection of a subsequent claim
Practical steps to protect yourself
Answer all questions on the application form in full. Keep copies of correspondence. Report any interim changes, such as new seasonal routes or alterations to the greenhouses, to the insurer without delay.
What to do in the event of a dispute with the insurer
The burden of proof lies with the insurer. He must demonstrate that you were aware of the fact and that it influenced the policy. If he fails to do so, full payment must follow. Consider proceedings before the Rechtbank Den Haag or contact Juridisch Loket Den Haag. For personal advice you can visit the Arslan office at Verdilaan 30, 2671 BR Naaldwijk (070 - 4500 300).