Insurance

Insurance law falls under the area of "special contracts" and came into force in the Netherlands in January 2006. This has brought the statutory scheme that existed since 1838 to an end. The current regulations can be found in Book 7 of the Civil Code.

A distinction is made between non-life insurance and term insurance.

Insurance law has special regulations, such as those relating to concealment/disclosure (Arts. 928-930), the determination of the amount of the compensation whereby the insured sum, the insured value and the indemnity principle play a role, the debtor's  position, whereby a distinction is made between policyholder and insured, the prevention or reduction of damage or loss, the salvage costs (Art. 957), subrogation, whereby the insurer does not fully reimburse the damage or loss and both the insured and the insurer have a right of recovery (Art. 962), the injured party's ability to directly present a claim to the insurer of the party which caused the damage or loss (Art. 954), etc.

Many topics are regulated in insurance policies, but not without limitation. Account must be taken of the various mandatory law provisions (Arts. 943, 963, 974 and 986).