Lisa van der Maden

New approach to test of reasonableness and fairness in primary coverage provisions This week I published my article on Lexology about the decision of the Supreme Court of the Netherlands of 16 February 2024 (https://lnkd.in/ees8Jmmd). It concerns a judgment in the treatment of insurance provisions and whether they must pass the test of reasonableness and fairness. In its decision the Supreme Court put an end to the historic approach where primary coverage provisions do not have to meet the restrictive standard.  The Supreme Court instigated a development in the law, putting forward angles which could be used as a perspective in the judgment of whether a clause constitutes a provision invoking the restrictive standard of reasonableness and fairness. By the doing so, the decision clears the way for legal development in the  area of insurance law. It marks the second time in less than five years that the Supreme Court has instigated a development of law in the area of insurance. This offers room for discussion and creates opportunities for both insurers and insured parties. Please read the full article here: https://lnkd.in/euWCfd-5 Also available at akd.eu: https://lnkd.in/eVtKF3Kx

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