Settlement of personal injury claims through first-party insurance – such as passenger accident insurance and employer’s liability insurance – is gaining ground compared to settlement via liability law.
The way in which causality is established and applied can differ in both cases.
Rosalinde Montulet and Henriëtte Verdam wrote an article for Letsel & Schade in which they discuss both approaches. It is particularly important to be aware that the (broad) attribution under Article 6:98 of the Dutch Civil Code does not automatically apply in the context of a first-party insurance.
