Insurers will cooperate over expired driver?s licence issue

~ Once proven Govt will be culpable ~

PHILIPSBURG--St. Maarten Insurance Brokers Association (SIBA) President Neil Henderson says most insurance companies will work with their clients in honouring claims if they can prove that the non-renewal of driver's licences is due to government's shortcoming.

Henderson's opinion was sought by The Daily Herald after questions arose in the community about what would happen if a person was in an accident and his or her licence had expired and had not been renewed due to the fact that the government has not yet started issuing new driver's licences. His assessment was verified by a number of insurance companies.

Henderson, like the individual companies, stressed that the burden of proof would rest with the driver: the driver would have to prove that his or her licence had expired during the time that government halted the issuance of driver's licences until new legislation was completed.

"Should the situation, however, generate unnecessary/unfair claims because of any possibility for the insured to abuse or mislead insurers, then the government, based on article 252 of the code of commerce ("verhaalsrecht") can be held liable to repay insurers for the losses resulting from such shortcomings," Henderson said.

Government has not given any indication when the issuance/renewal of driver's licences will resume.

Source: http://www.thedailyherald.com/islands/1-islands-news/23411-insurers-will-cooperate-over-expired-drivers-licence-issue-.html

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