NN suffers defeat at European courts in profiteering case – nrc.nl

The flag of insurer NN. Photo ANP / Remko de Waal

Economy

The court in Rotterdam may take the insurer NN blame the customer has not informed by an additional profiteering, even though nothing about it, the regulations for insurers. That the European Court of Justice today in a long-awaited verdict decided.

The ruling is a temporary loss for NN. The insurer found it unfair that he was accosted by not providing the information. These are data that are not legally insurers be required, but which anyway would have to share with customers an insurer from a kind of duty of care and good faith.

Violation of unwritten rules

Rotterdam court ruled in an earlier case from 2008 that NN customers should provide additional information. By not doing so the insurer acted contrary to “open and / or unwritten rules”. The court in Luxembourg says that the Rotterdam court this might indeed require.

The desire additional information from insurers,

namely a matter of individual Member States, according to the court. Each national court must determine whether an insurer has a duty of care towards its kind customers. Europe-wide there is nothing agreed, according to the highest European court

Court:. There is a limit

a limit, however, is well on the amount of information that reasonably insurers can be expected , takes the court. An insurer must namely with “sufficient degree of predictability” to determine which information to share with customers. Where that boundary lies exactly, the national court must also decide.

The judgment of the European Court is therefore considerably less pronounced than the opinion of the Advocate General. This important adviser of the court in Luxembourg suggested then that customers NN has not sufficiently informed about all costs. Often the judges of the court this advice in their statement

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