Travel insurer refusing to pay — here's the counter
Insurers count on delay + discouragement. The burden of proof for exclusion rests with them (Art. 7:925 + 7:952 BW). Steps to enforce that.
Travel insurers profit from delay. The longer they string you along, the more likely you give up. The protocol below shifts that economic balance in your favour — the burden of proof lies legally with them, not with you.
Step by step
1
Demand written refusal ground with policy citation
Not "we have decided this is not covered", but EXACTLY which policy article or exclusion is invoked. Insurer must cite specifically (Art. 7:941 BW due diligence).
2
Check the exclusion burden of proof
On invoking contributory negligence (Art. 7:952 BW) or policy exclusion: burden of proof on insurer. Demand: evidence for the asserted exclusion. Lacking evidence: payout owed.
3
Calculate additional damages from delay
Statutory interest under Art. 6:119 BW from due date. Plus: phone costs, translation, time-equivalent for extra correspondence. Insurer must bear this too under duty-of-care breach (Wft 4:24a).
4
Send formal claim letter with 14-day deadline
Cite Art. 7:925 (payout duty), 7:941 (diligence), 7:952 (contributory-negligence burden), Wft 4:24a (duty of care). Our travel-insurance claim letter (€9.99) handles this.
5
No response: Kifid (€50 filing)
Kifid procedure: deadline 1 year after final position. €50 filing fee (refunded if you win). Binding up to €100,000. Ruling within 6 months.
6
Parallel: AFM report on systemic duty-of-care breach
Free, can be anonymous. AFM has its own oversight. Multiple reports against same insurer: enforcement order or fine. Strengthens your individual claim.
Ready to claim?
Travel insurer refusing or delaying? Demand your payout
We draft a formal claim letter to your travel insurer (BW 7:925, Wft 4:24a, Kifid escalation). Send-ready PDF.
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