Case law

  • Case Details
    • National ID: C01/007HR
    • Member State: Netherlands
    • Common Name:Nicolaas Wilhelmus Maria Pieterse v. Nationale-Nederlanden Levensverzekering Maatschappij NV
    • Decision type: Other
    • Decision date: 18/10/2002
    • Court: Hoge Raad (Supreme court)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Unfair Contract Terms Directive, Article 1, 1. Unfair Contract Terms Directive, Article 2 Unfair Contract Terms Directive, Article 3, 1. Unfair Contract Terms Directive, Article 4, 1.
  • Headnote
    The correct interpretation of terms in a contract concerning a collective disability insurance comes down to what parties given the circumstance may reasonably understand the general terms to mean and what they can expect from each other.
  • Facts
    An employer (Pieterse) is send to Nigeria where he gets an accident which disables him. His employer has entered into an insurance contract with Nationale Nederlanden for his employers. The disables employer applies for pay out which gives cause for questions about the meaning of some contract terms.
  • Legal issue
    In this case the general rule applies that the content of a contract should be determined taking into account what parties given the circumstance may reasonably understand the general terms to mean and what they can expect from each other. On the insurance in this case art 5 and 3 of Directive 93/13 and the implementation in art. 6:238 lid 2 BW not jet applies. The general view applies that in case of doubt by the interpretation of unilateral laid down terms of insurance the judge must give priority to the interests of the policyholder and to the disadvantage of the insurer.
  • Decision

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