Insurer refuses coverage? Invoke the Dispute Resolution Procedure.

You have been faithfully paying premiums on your business legal expenses insurance for years. But the moment you truly need it — for a complex property dispute or a conflict with a supplier — the insurer turns you away. Their verdict: "No reasonable prospect of success."

This is an all-too-common frustration among business owners. Insurers (such as DAS, ARAG and Achmea) rely on in-house lawyers who are often under enormous workload pressure. Complex cases are quickly dismissed as 'not viable' to save costs. You are left out in the cold.

But you do not have to accept this. The law provides you with a powerful weapon: the Dispute Resolution Procedure (geschillenregeling).

What is the Dispute Resolution Procedure?

Every legal expenses policy is required by law to include a dispute resolution clause. This means that in the event of disagreement about the viability of your case, you may engage an independent lawyer for a second opinion.

This lawyer reassesses your file. If he or she does identify merit in your case, that assessment is binding on the insurer.

How does the process work?

Invoking the dispute resolution procedure follows three straightforward steps:

• Step 1: The Appeal. You inform the insurer that you disagree with their rejection and that you are invoking the dispute resolution procedure.
• Step 2: The Second Opinion. You select Kasteelmeester (mr. F.L.P. Vulto) as the independent lawyer. We study your file and produce a legally substantiated opinion. The costs are (usually fully) covered by the insurer.
• Step 3: The Outcome.
  • Is our opinion favourable? Then the insurer is obliged to continue handling the case at their expense. You immediately gain the right to free choice of lawyer, and we can conduct the proceedings on your behalf.
  • Is our opinion unfavourable? Then the insurer was right. You pay nothing for our opinion (the insurer covers that), but any further proceedings would be at your own expense.

Strategic Advantage

Insurers tend to look at volume and statistics. As specialists, we focus on the details and the strategic opportunities. Where an insurer sees a 'difficult file', we often identify a legal opening.

Moreover, a successful appeal through the dispute resolution procedure commands respect. It demonstrates that you will not be fobbed off. You are claiming the quality of service you have been paying for.

When should you invoke this?

The dispute resolution procedure is particularly effective in:

• Property disputes: Complex tenancy or construction cases requiring specialist knowledge.
• Breach of contract: Cases where the burden of proof and interpretation of contracts are critical.
• Government matters: Objection and appeal proceedings where insurers are often too passive.

Has your insurer rejected your case? Do not sign in agreement — contact us instead. We will assess whether the dispute resolution procedure is the key to funded proceedings for you.