WEBINAR – Book 6 Civil Code: Changes for the insurance sector
Join this webinar on 19 June 2025 to discover how Book 6 of the Civil Code impacts liability, claims and coverage for insurers and claims handlers.
Notification and limitation periods in legal expenses insurance: what should you consider?
When should a claim event in legal expenses insurance be reported? And when does the limitation period start? Learn what insurers need to consider regarding notification and limitation periods. Amankwah Law provides expert legal advice.
Private Life Liability Insurance and Minors under Book 6 Civil Code: Crucial Changes for Insurers
Book 6 of the new Civil Code introduces groundbreaking changes to minors’ liability, with far-reaching consequences for Private Life Liability Insurance. The introduction of a strict age limit of 12 years, new rules for teenage liability, and a stricter regime for parents and guardians are all changes that affect insurers’ core activities. This article analyzes these crucial changes and their impact on coverage obligations, recourse possibilities, and premium policies.
Profit from intentional errors: New rules for liability and insurance
Article 6.31, ยง3 of the Belgian Civil Code states that if a liable party intentionally and with the aim of making a profit infringes on personal rights or the honor and reputation of the victim, the judge can award additional compensation. This compensation can equal the net profit made by the liable party. Insurers may refuse coverage on the grounds of gross negligence or intentional fault.
The Solvency II and IRDD: major innovations for the insurance industry
Discover the latest changes to Solvency II and the introduction of the IRDD Directive!
The Solvency II Directive has been revised to make the insurance sector more resilient and to stimulate long-term investments. Key changes include new methodologies for risk calculations, macroprudential instruments, and relief for small businesses.
Additionally, the new IRDD Directive introduces measures for early intervention in financial problems, protection of policyholders, and enhanced cooperation between supervisors.
Read on to find out how these changes are shaping the future of the insurance sector!
The New Product Liability Directive
The new Product Liability Directive requires manufacturers to compensate for damage if a product does not provide the expected safety. This also applies to damage to goods. Consumers do not need to prove fault; it is sufficient to show damage, a defect, and a causal link.
The regulations were revised due to technological developments like AI. Key changes include an expanded product definition, objective defect assessment, expanded liability, expanded compensation, extended limitation period, and eased burden of proof. The directive ensures uniform rules across the EU.
Compensation for Future Damage: Lump Sum, Capitalization, or Indexed Annuity
Article 6.34 of the Civil Code outlines three methods for compensating future damage resulting from impairment of physical or psychological integrity: lump sum, capitalization, and indexed annuity. The judge decides which method is most appropriate. The judge can also impose an annuity, even if not requested, to protect the injured party. The Indicative Table 2024 provides guidelines for calculating compensation and includes specific rules for various types of damage, such as health costs, personal incapacity, and funeral costs. The table distinguishes between temporary and permanent damage.
Property Damage: deduction of depreciation
Article 6.38 of the Civil Code distinguishes between repairable and irreparable property damage. For repairable damage, the injured party is entitled to compensation for repair costs without depreciation deduction. For irreparable damage, compensation is based on replacement costs, with depreciation taken into account. Recent case law from the Court of Cassation suggests that depreciation may not need to be considered, even for irreparable damage. Amankwah Law provides legal assistance in insurance disputes and advice for insurance claims.
Statutory Reservation for new damages or aggravated damages (personal injury): Article 6.37 of the Belgian Civil Code
Article 6.37 BW introduces a statutory reservation for new or aggravated damage for injured parties who have already received compensation. This means that injured parties can still claim additional compensation for damage that comes to light later, provided this damage has not yet been taken into account and could not reasonably have been known. Insurers should therefore clearly and separately specify the different damage items in settlement agreements to easily determine new or aggravated damage.
Should the special and general terms and conditions of an insurance contract always be signed?
There are several ways to prove the existence and contents of an insurance contract. One important way is the signed insurance policy. But there are other options. What should you pay attention to?