Noot: No access to surveyor's report for insurer

19-02-2019

In Jurisprudentie Aansprakelijkheid (JA) 2019/15, Petra klein Gunnewiek wrote a footnote to the partial dispute ruling of the Rotterdam District Court of 24 October 2018. The central question in this action was whether the privacy of the injured party should take precedence over the interests of the liable insurer in gaining access to the surveyor’s report that had been drawn up at their joint request. The court has interpreted the question in favour of the injured party. The insurer was not given access to the surveyor’s report.

In her footnote Petra comments on the recommendations in the Code of Conduct for Personal Injury Claims Handling and expresses the hope that the ruling will not lead to a ‘new practice’ in claim settlement.

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