Title 17
in forceInsurance
Section 1
General provisions
Insurance is a contract whereby one party, the insurer, binds itself towards its counterparty, the policyholder, in return for the payment of a…
A payment (uitkering) includes a performance other than in money.
The provisions of this title do not apply to reinsurance.
The policyholder is obliged, before the conclusion of the contract, to disclose to the insurer all facts which he knows or ought to know, and of…
The insurer who discovers that the duty of disclosure as described in Article 928 has not been fulfilled may only invoke the consequences thereof if…
If the duty of disclosure described in Article 928 has not been fulfilled, the right to payment exists only in accordance with paragraphs 2 and 3.
The insurer cannot invoke the grounds for annulment as referred to in Articles 44 paragraph 3 of Book 3 and 228 of Book 6.
The insurer shall issue as soon as possible a deed, named a policy (polis), in which the agreement is recorded. A policy drawn up in a manner as…
All communications for which the provisions of this title or the agreement give cause to the insurer shall be made in writing. The insurer may, in…
Failure to comply with the obligation to pay a subsequent premium may only lead to the termination or suspension of the insurance contract or the…
The insurer may set off what it owes to the person entitled to the payment who is not a debtor of the premium against the exigible premium for the…
If an intermediary has bound himself to the insurer in the insurance contract for the payment of premium and costs as his own debt, the policyholder…
The insurer who makes a payment to the intermediary is discharged towards the person entitled to the payment to the extent that what the insurer owes…
Except in the case of intent to mislead the insurer on the part of the policyholder or the third party referred to in Article 928, paragraph 2 or…
Except in the case of termination due to the intent to mislead the insurer, the current premium shall be reduced in accordance with the principles of…
In the event of notice of termination given towards the end of an insurance period in order to prevent renewal of the agreement, a notice period of…
As soon as the policyholder or the person entitled to the payment is aware, or ought to be aware, of the occurrence of the risk, he is obliged to…
A right of action against the insurer to make a payment shall prescribe by the lapse of three years after the start of the day following the day on…
Articles 931, 932, 935 paragraph 2, 936 and 939 may not be deviated from.
Section 2
Indemnity insurance
Indemnity insurance is the insurance aimed at the compensation of pecuniary loss which the insured could suffer.
In this section, "insured" means the person who, in the event of damage suffered by him, is entitled to compensation under the insurance or who can…
The agreement covers only the interests of the policyholder, unless otherwise agreed.
The policyholder may only revoke the designation of a third party to whom an insurance payment must be made in the event of loss with the cooperation…
Upon transfer of a thing or a limited right to which a thing is subject, the rights and obligations arising from the insurance covering the interest…
In the case of insurances as referred to in Article 932, paragraph 3, second sentence, the holder of the policy or of another evidentiary document…
If the policyholder dies, his heirs and the insurer may terminate the agreement within nine months after they have become aware of this death…
The insurer shall not indemnify for damage to an insured object if such damage is caused by the nature or a defect of that object.
The insurer shall not indemnify damage to the insured who has caused the damage intentionally or through recklessness.
If a liability insurance policy prohibits certain admissions by the insured, a violation of that prohibition shall have no effect to the extent that…
If, in the case of liability insurance, the insurer has been notified of the occurrence of the risk pursuant to Article 941, the injured party may…
The sum insured is the maximum amount of compensation for damages which the insurer can be obliged to pay as a result of the same occurrence, without…
A building is insured for its reconstruction value, and other objects are insured for their replacement value. Replacement value is the amount…
As soon as the policyholder or the insured is aware, or ought to be aware, of the occurrence of the risk or the imminence thereof, each of them is…
There is total loss when a thing:
The compensation referred to in Article 957 and the reasonable costs incurred to determine the damage shall be borne by the insurer, even if, as a…
The insured shall not receive any compensation under the insurance that would place him in a clearly more advantageous position. The preceding…
If the same damage is covered by more than one insurance, the insured may, with due observance of Article 960, address each insurer. The insurer is…
If the insured has claims for damages against third parties in respect of loss suffered by him other than under insurance, those claims shall pass to…
No derogation is permitted from Articles 960 and 962, paragraph 2 and paragraph 3, first sentence.
Section 3
Fixed-sum insurance
Fixed-sum insurance (sommenverzekering) is insurance where it is irrelevant whether and to what extent the payment compensates for damage. It is…
In this section, the following definitions shall apply: insured: the person on whose life or health the insurance relates; beneficiary: the person…
The policyholder may, by written notice to the insurer:
Unless a different intention appears, the designation of a beneficiary shall lapse if he dies before:
The designation of a third party as beneficiary cannot be revoked:
The third-party beneficiary acquires his right to the benefit by acceptance of his designation. In derogation from Article 253, paragraphs 3 and 4 of…
The rights of the policyholder under a life insurance policy (sommenverzekering) may, without prejudice to the second sentence, only be transferred…
Article 239 of Book 3 shall not apply to the creation of a right of pledge on rights arising from a life insurance policy (sommenverzekering).
The policyholder may only exercise his rights arising from the agreement with written consent:
No rights may be derived from the agreement by a person who has been irrevocably convicted for intentionally causing the materialisation of the risk…
No derogation is permitted from the formal requirements of Article 966, paragraph 1, and Article 969, paragraph 1, second sentence, nor from Articles…
Life insurance is the fixed-sum insurance (sommenverzekering) concluded in connection with life or death, provided that accident insurance shall not…
Articles 978 paragraph 1, 980 paragraph 1 and 981, and Article 986 insofar as it relates to these provisions, shall not apply to insurances intended…
Subject to the provisions elsewhere in this Title, the insurance may not be terminated or dissolved by the insurer, nor shall it lapse by virtue of…
The policyholder has the right to have the insurance, insofar as it definitively provides for one or more benefits, surrendered in whole or in part…
The policyholder has the right to take out a loan from the insurer against the insurance as referred to in Article 978, paragraph 1, up to the amount…
Non-payment of a subsequent premium shall only have effect if the insurer, after the due date, has notified the policyholder, the beneficiary…
If the insured dies as a result of a cause excluded from the risk and the insurance has a surrender value, the insurer shall be liable for an amount…
If the age or the sex of the insured has been incorrectly stated, the insurance shall be deemed to have been concluded for the benefit or benefits…
If an insurance policy which the policyholder may surrender pursuant to the law or an agreement is terminated in accordance with Article 929, the…
If a right of pledge rests on the rights of the policyholder, the pledgee may surrender the insurance, unless the policyholder lacks the authority to…
A right of action against the insurer for the payment of a benefit shall be barred by the lapse of five years after the day on which that claim…
Article 984 cannot be deviated from.