Damage occurs during renovation, but the construction insurer rejects your claim or offers only partial payment. First establish exactly which project, interests and period are insured. Contractors’ all risks insurance can cover construction risks, but the words all risks do not guarantee reimbursement for every construction problem. This guide concerns Dutch insurance disputes relating to your own building project, particularly for private clients. Policy cover and a contractor’s or adviser’s liability are separate questions. For a substantial rejection or stalled repair process, a lawyer can examine the relationship between them.
Sources (3)
On this page
1. Establish which insurance was actually taken out
Request the policy schedule, all applicable conditions and clauses, project notification and any acceptance confirmation. A payment receipt or your contractor’s statement that they are insured does not fully explain the insurance. Check the policyholder, insured parties, project description and construction location. With an ongoing contractor policy, how your work was notified may matter; with a separate project policy, it must be clear which plan and activities it concerns.
Also establish who can submit the claim and who acts as contact. Are you the policyholder, a co-insured party or solely the client of the insured contractor? That distinction may affect information, claims handling and any payment. Investigate separately whether a buildings policy or other relevant insurance exists alongside the CAR policy. Having several policies does not mean the same loss can be reimbursed twice.
2. Compare the damage with the insured sections
Distinguish damage to the new works, existing parts of your home, movable belongings and third-party property. Then check the insured section for each component. An insurer may offer additional cover for existing property or liability; this does not mean that extension is included in your own policy. Use product information to formulate focused questions, but assess the claim against the documents belonging to your insurance.
Describe the physical event as precisely as possible: when was which component damaged, what was its previous condition and what needs repairing? A technically defective component and another component subsequently damaged by it may be treated differently when assessing cover. Avoid a single general item for construction defects. Ask an expert to identify the damage actually sustained and the work needed to improve an originally incorrect design. Keep factual findings separate from policy interpretation.
3. Check the construction period, handover and project changes
Compare the insured start and end dates with the actual schedule, handover arrangements and date of damage. Investigate whether a maintenance period is insured and which events are covered during it. Handover, occupation and completion of all work need not actually coincide. Ask the claims handler which moment they consider decisive under which provision. Separately record when the cause probably arose and when the damage became visible; these may be different dates.
Check whether extensions, overruns or changes in construction methods were reported to the insurer and what was confirmed in response. Also mention stoppages and a change of contractor where potentially relevant to your policy. Do not retrospectively invent missing confirmations or backdate messages. An official 2024 judgment concerning a CAR policy shows that project notification and actual execution require specific interpretation. Its outcome provides no general guarantee for your own altered project.
4. Keep liability and cover distinct
Liability may concern, for example, a contractor’s breach and the resulting loss. Cover concerns an insurer’s payment obligations under a particular policy. An insurer’s refusal therefore does not prove that the contractor has no duty to repair or compensate. Conversely, a liability claim does not establish that the CAR policy insures the costs claimed. Always ask which of these two questions a letter or expert report addresses.
Nevertheless, coordinate both processes. If the contractor says they will repair only after their insurer pays, your contractual position must be assessed separately. Also investigate whether settling with one party affects claims against others involved. An insurance payment may reduce certain loss, but does not automatically show how other costs should be allocated. Do not sign a full and final release while it remains unclear which defects, consequential losses and legal claims it settles.
5. Notify promptly and document necessary measures
Report the incident using the policy’s notification procedure and request a claim number and acknowledgment. Send a factual description with the date, location, parties involved and available images. Ask what information is missing and which inspection the insurer wants to conduct. If an expert investigates, establish whom they work for and the question they are examining. A technical inspection alone is no promise that the claim is covered.
Limit further damage where responsible and necessary, and document the measures, urgency and costs. Do not leave a dangerous situation unaddressed solely to await permission; obtain suitable expert help. Discuss non-urgent permanent repairs beforehand so the insurer can investigate the condition. Keep removed components where possible and useful. Request a separate assessment of temporary protection costs. Whether such costs are reimbursed also depends on the applicable cover, circumstances and conditions.
6. Analyse each reason for refusal and loss item
Request a reasoned written decision identifying the policy version and exact provisions used. Does the issue concern an uninsured interest, the damage period, an exclusion, an excess or disagreement about the amount? For each reason, identify the fact you consider incorrect or incomplete. Respond, for example, with project acceptance, a dated site photograph or an itemised repair quotation. Simply repeating that you paid for all risks cover usually does not adequately address a specific ground of refusal.
In a non-binding 2020 opinion, Kifid considered a CAR dispute in which repair of damage, structural improvement and temporary dewatering were assessed differently. This illustrates why loss items should not be presented as one package. For your claim, request a comparison between actual damage, requested repairs and policy definitions. Where technical findings are disputed, further investigation may be appropriate; discuss instructions, costs and possible reimbursement beforehand rather than automatically treating them as covered.
7. Prepare complaints and legal discussions purposefully
Assemble the complete policy file, claim form, inspection reports and latest coverage decision. Add a timeline covering construction start, changes, handover, discovery, notification and emergency measures. Prepare a financial overview of sums requested, accepted, paid and still disputed. Your concrete objective might be reconsideration of one exclusion, an advance against an accepted portion or workable arrangements for inspection and repair.
A lawyer experienced in construction and insurance law is particularly useful for an expensive rejection, several insurers or concurrent claims against the contractor. Have complaint deadlines, limitation periods and any expiry periods examined without awaiting informal discussion. An internal complaint procedure may be a next step; access to Kifid must be checked for your capacity, insurer and complaint. Also discuss any available court route. A well-supported reassessment can provide clarity, but offers no certainty that the insurer must ultimately pay.
Frequently asked questions
Does CAR or all risks mean every construction defect is insured?
No. Examine your policy’s insured interests, period, sections, exclusions and definitions of damage. Cover for physical damage and improvement costs may differ.
Is my contractor no longer liable if the insurer refuses?
A refusal of cover does not automatically decide the contractor’s obligations under your contract. Have the contractual claim and insurance claim assessed separately.
Must I wait for the insurer before limiting urgent damage?
Danger or necessary damage mitigation requires appropriate assistance. Document urgency, measures and costs and report these as soon as possible. Necessity alone does not automatically establish reimbursement.
Sources
These sources relate to this page. For a specific case, check current rules and your own documents.
- a.s.r. — bouw- en montageverzekering, primaire productinformatie Accessed: 2026-10-23
- Kifid — niet-bindend advies 2020-568 Accessed: 2026-10-23
- Rechtspraak — ECLI:NL:RBROT:2024:12221 (officieel zoekindexfragment) Accessed: 2026-10-23
Legal review
Not legally reviewed yetThis version has not been reviewed by a lawyer or legal professional. Checking sources or editing text is not legal approval.
Editorial team Construction law in the Netherlands
We connect explanations to sources and record targeted changes. Legal review is attributed only to the actual reviewed version, with a real reviewer, date and scope. Human legal review of these articles remains open.
Ricardo van der Spoel
Editorial responsibility · Editorial organisation and technology