Recent Cassation Case Law On The Insurance Act 2014: An Overview

Every year, Lydian's Insurance team looks back at some interesting rulings from the Belgian Supreme Court (Court of Cassation) during the past year regarding the Insurance Act 2014 ("IA"). In 2023, the Court of Cassation ruled on several interesting insurance topics.

1. Distinction between property insurance and liability insurance

On 24 January 2023, the Court of Cassation ruled on an alleged violation of section 141 IA which defines the term 'liability insurance'.

A leasing company and a transport company had entered into a rental agreement for a vehicle with an "omnium insurance' component. The agreement contained a "Own Damage Coverage" clause, that provided that the insurer would assume the risk of damage or loss of the leased vehicle and claim settlement in well-defined cases.