The consumer claimed unfairness of the provisions of the standard contract terms that exclude insurance company’s obligation to pay for certain damage. The insurance company claimed that these provisions of the standard contract terms that exclude its obligation to pay for certain damage, should be seen as core terms of the contract. Pursuant to art. 6:231a BW, implementing art. 4 Sec. 2 of the Directive, core terms are not subject to the unfairness test unless they have been formulated in an unclear way. The court states it is important to mention that the case concerns standard contract terms of an insurance company. Pursuant to Dutch law, a term in an insurance contract which has direct influence on the scope of application of the insurance policy may not be seen as a standard contract term. Provisions of the standard contract terms that exclude insurance company’s obligation to pay for certain damage may not be seen as standard contract terms. Therefore, they may not be subject to the unfairness test.