Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Bad faith insurance generally refers to unfair or dishonest handling of a policyholder's claim by an insurer. In Belgium, including Hasselt, the concept is framed through the general duty of good faith in contracts and specific obligations set out in the Insurance Act and consumer protection rules. Insurers must act fairly, explain their decisions, assess claims properly, and pay valid claims within a reasonable time. When they delay without justification, deny a valid claim, apply unfair terms, or pressure a policyholder improperly, their conduct can be challenged under Belgian law. Although the term bad faith is not a separate lawsuit on its own as it is in some countries, Belgian courts can order payment of the claim, interest, and damages when an insurer breaches its legal and contractual duties.
People in Hasselt often seek legal help after their insurer denies, reduces, or endlessly delays a claim without solid reasons. A lawyer can be crucial when you face complex policy language, exclusions that are unclear, or conflicting expert reports about the cause or value of a loss. Legal support is also useful if the insurer alleges misrepresentation to cancel a policy, if deadlines are approaching, if you receive a settlement offer that seems too low, or if you need to challenge an unfair term. Businesses may need counsel for business interruption, liability, or professional indemnity claims. A lawyer can gather evidence, negotiate with the insurer, escalate complaints to the Insurance Ombudsman, and file proceedings before the competent court in or near Hasselt if necessary.
Insurance in Belgium is governed mainly by federal law that applies equally in Hasselt. Key rules include the duty of good faith in negotiating and performing contracts, the insurer's duty to provide clear information, and claims handling obligations. The Insurance Act of 4 April 2014 sets many of these rules, including time limits specific to insurance disputes. As a general rule, actions arising from non-life insurance contracts prescribe after three years, counted from the event that gives rise to the claim or from the moment you became aware of it, though special regimes apply for some lines such as life insurance and certain liability situations. The Belgian Civil Code imposes a general principle of good faith in contract performance. The Code of Economic Law provides consumer protection against unfair terms and practices in insurance contracts.
There is no single nationwide deadline that forces every insurer to decide on every claim within the same number of days. However, certain sectors, such as compulsory motor liability, have specific time frames for making a motivated compensation offer. Most policies also include contractually agreed claims handling steps and timelines. If an insurer delays or fails to give adequate reasons, courts can award the insured judicial interest from the date of the summons and, where appropriate, damages for loss caused by the delay. Belgian law does not provide punitive damages, but it allows compensation of actual loss and interest.
Disputes can be pursued through the insurer's internal complaints process, the Insurance Ombudsman for out-of-court resolution, and the courts. Smaller value disputes may be handled by the Justice of the Peace in the relevant canton, while larger or business-related disputes may go to the Court of First Instance or the Enterprise Court. Hasselt is within the Limburg judicial district, so proceedings are typically brought before the competent court in that district.
Bad faith is not a separate tort but covers conduct that violates duties of good faith and legal obligations. Examples include refusing to investigate, ignoring key evidence, denying a claim without clear reasons, applying exclusions that do not fit the facts, using unfair contract terms, or delaying payment without valid justification.
There is no universal deadline for every policy, but insurers must act within a reasonable time and comply with any sector-specific or contractual deadlines. In some lines, such as compulsory motor liability, the insurer must make a motivated offer within defined time frames. Unreasonable delay can justify interest and damages.
For most non-life policies, claims prescribe after three years. The starting point can depend on the type of cover and when you became aware of the loss. Certain claims, such as life insurance or direct actions in liability matters, may follow different rules. Because limitation is complex, get legal advice promptly to avoid missing a deadline.
Yes. After using the insurer's internal complaints process, you can contact the Insurance Ombudsman for out-of-court dispute resolution. The Ombudsman is independent and free for consumers. If mediation does not resolve the dispute, you can still go to court.
No. Belgian law focuses on compensating actual loss. Courts can award the amount due under the policy, legal or judicial interest, and where appropriate additional damages for proven loss caused by delay or wrongful denial. Punitive damages are not available.
Keep the policy and schedules, endorsements, all correspondence with the insurer, claim forms, photographs, invoices and quotes, expert and medical reports, witness statements, and notes of phone calls. Record dates, names, and summaries of conversations. Document any additional costs caused by delays.
Insurers may terminate or refuse coverage only according to the policy and the law. They cannot cancel unlawfully in retaliation for a legitimate claim. Allegations of misrepresentation or non-payment must be assessed against legal standards and proof. Unfair termination can be challenged.
Pure contingency fees are not allowed. Lawyers may agree a base fee plus a success component. The losing party is usually ordered to pay a fixed procedural indemnity to the winner, which covers only part of actual legal fees. Many residents have legal expenses insurance that can fund legal assistance.
Unfair terms in consumer insurance contracts can be struck down under the Code of Economic Law. Ambiguous language is generally interpreted against the drafter. A lawyer can assess whether a clause is valid and how courts in Belgium have interpreted similar wording.
Jurisdiction depends on the amount, the parties, and the subject matter. Smaller value disputes often go to the Justice of the Peace for the relevant canton. Larger civil disputes go to the Court of First Instance. Disputes between enterprises may go to the Enterprise Court. Venue is typically based on the defendant's domicile or where the obligation is to be performed, often allowing proceedings in the Limburg district that includes Hasselt.
Insurance Ombudsman of Belgium - Independent service that mediates disputes between policyholders and insurers and provides guidance on complaints procedures.
Financial Services and Markets Authority FSMA - Supervises conduct of insurers and intermediaries and enforces market and consumer protection rules in the financial sector, including insurance distribution.
National Bank of Belgium NBB - Prudential supervisor of insurers in Belgium, overseeing solvency and stability of insurance undertakings.
Balie Limburg Limburg Bar Association - Local bar association for Hasselt and surrounding areas that can refer you to lawyers experienced in insurance law.
Consumer Mediation Service Consumentenombudsdienst - General consumer mediation service that can direct you to the competent sectoral ombudsman when your issue involves insurance.
Justitiehuizen Justice Houses and legal aid services - Offer first-line legal information and access to second-line legal aid for those who qualify financially.
Collect your documents. Gather your policy, endorsements, premium proof, claim correspondence, expert reports, invoices, and photos. Create a timeline of events and note every contact with your insurer.
Write to your insurer. Ask for a clear, motivated decision in writing that cites the policy clauses and evidence relied upon. Set a reasonable deadline for a response and keep copies of everything you send.
Get an independent view. Consider consulting an independent expert for valuation or causation if the insurer's assessment seems wrong. Discuss costs and usefulness with a lawyer before commissioning reports.
Seek legal advice in Hasselt. Contact a lawyer with experience in insurance disputes. Ask about fees, funding through legal expenses insurance, prospects of success, and limitation periods that may be running.
Use the complaints route. If internal handling fails, file a complaint with the Insurance Ombudsman. Mediation can resolve many disputes faster and at no cost to consumers.
Escalate to court if needed. If the insurer remains unreasonable, your lawyer can start proceedings before the competent court in the Limburg district. Courts can order payment, interest, and damages for losses caused by unlawful denial or delay.
Protect deadlines. Limitation and notice periods can be strict in insurance matters. Do not wait for prolonged correspondence to finish before checking and preserving your rights. Your lawyer can send a formal notice or file suit to interrupt limitation.
Mind language and locality. In Hasselt, Dutch is the primary language for administration and courts. Ensure your submissions and evidence are in the correct language or properly translated.
Review your coverage. After a dispute, review your insurance portfolio, including legal expenses insurance, to strengthen your protection for future issues.
