In case you have a legal expenses insurance in the Netherlands, you
can from now on choose you own lawyer in legal or administrative
proceedings.
Following a request from the Supreme Court in the Netherlands to give a preliminary ruling, the European Court of Justice ruled on November 7, 2013 that legal expenses insurers (such as DAS, ARAG, SRK, ACHMEA etc.) can no longer deny their insured persons to choose their own lawyer.
In this case an insured person (insured by DAS), requested DAS to compensate him for the legal costs of his lawyer in legal proceedings against his employer.
DAS refused to pay the costs based on their insurance policy. Large scale legal expenses insurers such as DAS have their own legal advisers. The largest part of these advisors are not lawyers (not connected to the Bar Association). Based on the policy of DAS, the insured person did not have the right to choose his own attorney, since DAS offered him one of their own legal advisers. The insured person could only choose his own lawyer if the insurer would have decided that the handling of the case should be subcontracted to an external lawyer.
Read more: Choosing a lawyer in The Netherlands - free choice of lawyer
Following a request from the Supreme Court in the Netherlands to give a preliminary ruling, the European Court of Justice ruled on November 7, 2013 that legal expenses insurers (such as DAS, ARAG, SRK, ACHMEA etc.) can no longer deny their insured persons to choose their own lawyer.
In this case an insured person (insured by DAS), requested DAS to compensate him for the legal costs of his lawyer in legal proceedings against his employer.
DAS refused to pay the costs based on their insurance policy. Large scale legal expenses insurers such as DAS have their own legal advisers. The largest part of these advisors are not lawyers (not connected to the Bar Association). Based on the policy of DAS, the insured person did not have the right to choose his own attorney, since DAS offered him one of their own legal advisers. The insured person could only choose his own lawyer if the insurer would have decided that the handling of the case should be subcontracted to an external lawyer.
Read more: Choosing a lawyer in The Netherlands - free choice of lawyer
