In the beginning of this year, we posted a blog concerning the duty of disclosure of information of insurers regarding profiteering policies. Our conclusion: discords between several judicial authorities bring uncertainty to the position of insurers in the profiteering policy conflicts. We anticipated that the coming judgements might eliminate this uncertainty. What happened in the meantime?
Several (sometimes contradictory) rulings of district courts and a court of appeal were published. Furthermore – and more importantly – the Rotterdam district court published its ruling on the longstanding dispute between insurer Nationale-Nederlanden Levensverzekering Maatschappij N.V. (“NN”) and interest group Woekerpolis.nl. In this dispute, Woekerpolis.nl represents hundreds of thousands profiteering policy holders.