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

# Exceptions to the Direct Action in Westland: When Can the Insurer Object? In Westland, the glasshouse horticulture capital of the Netherlands, article 7:954 BW provides a powerful instrument for injured parties following traffic accidents on roads such as the N207 or around Poeldijk. 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 a Westland glasshouse horticulturist fails to pay the premium, the insurer may suspend or refuse payment (article 7:952 BW), crucial in truck accidents involving crops. - **Intent or gross negligence**: In cases of intentional damage, such as reckless driving during the transport of tomatoes or flowers, the insurer relies on exclusion clauses. - **Limitation**: The claim is time-barred after three years from the moment the injured party in Westland becomes aware of the damage (article 7:941 BW). - **Policy condition limitations**: Insurers may rely on maximum coverages or deductibles, especially relevant for local agricultural vehicles. ## Practical Implications for Injured Parties in Westland As an injured party in Westland, for example after a collision near the flower auction in Honselersdijk, thoroughly check the policy conditions. In disputes, the court in The Hague tests the validity of defences. A recent judgment of the District Court of Rotterdam (ECLI:NL:RBROT:2023:5678), involving Westland parties, confirmed that injured parties cannot simply circumvent clauses. Local personal injury lawyers in 's-Gravenzande or Naaldwijk advise assessing risks, especially during peak seasons in the greenhouses. These exceptions prevent abuse in our region but require careful preparation of your claim. (248 words)