Claire Nijssen
Lawyer
Deeply Rooted in Liability and Insurance Law
Anyone facing damage or loss naturally wants to know whether their insurance will cover the claim. Whether it involves a traffic accident or a supplier delivering a defective performance, the first question is often whether insurance coverage applies. If the damage is not insured, the next critical question becomes: who can be held liable? Liability law and insurance law are therefore inextricably linked. A lawyer specialising in liability law will typically also possess in-depth expertise in insurance law, enabling a strategic and comprehensive approach to resolving complex disputes.
A Selection of Our Focus Areas within this Expertise
Policy
Deciphering the terms of an insurance policy is no easy task—especially for those without a legal background. Even for a seasoned insurance law attorney, reviewing the fine print of a policy and its conditions requires meticulous attention. Nevertheless, if you have suffered a loss, it is essential to determine whether the damage is covered under the policy and whether the requirements of insurance law are met. If coverage applies, your lawyer can immediately notify the insurer of its obligation to compensate—even if the claim was initially denied. Of course, there are also cases where an insurer rightfully denies a claim. In such instances, it becomes critical to assess whether another party may be held liable for the loss.
Liability
Liability in law takes many forms. For instance, parents are legally liable for damage caused by their minor children who have not yet reached the age of discernment. Similarly, the keeper of an animal is liable for damage caused by that animal—unless it can be shown that liability would not have arisen had the animal’s behavior been under the keeper’s control. Owners of buildings or structures (referred to as opstal under Dutch law) are strictly liable for damage resulting from defects, unless a statutory exception applies. And where someone deliberately causes damage to another’s property, they bear personal fault-based liability (schuld-aansprakelijkheid) for the harm inflicted. Understanding the type and basis of liability is crucial to determining legal responsibility and securing appropriate redress.
Exclusion of Liability (Exoneration Clauses)
Contracts and general terms and conditions for the supply of goods or services often include a clause that (partially) excludes liability—commonly referred to as an exoneration clause. Parties who accept such provisions without proper scrutiny may find themselves with little or no recourse if things go wrong. In such cases, the party relying on the clause may not be obliged to compensate for damages, or may only be liable for a limited amount. When entering into significant agreements, it is strongly advisable to have a liability lawyer review the terms to ensure that contractual liability is not unduly restricted or undermined.
'If there's one thing that's certain in business, it's uncertainty.'
