Belgian legal assistance insurers will now cover legal costs for victims of domestic violence, even if they live with their perpetrator, as agreed in a new code of conduct, according to Assuralia, the association of Belgian insurers.
Previously, De Tijd reported that legal assistance insurers often failed to support victims of domestic violence or child abuse cohabiting with their abuser. A survey of lawyers exposed the insurers’ consistent refusal to cover legal expenses for such victims. The Insurance Ombudsman also confirmed this practice, noting the legal rationale was that insurance could not act against a co-insured residing at the same address and under the same policy.
Rob Beenders, the Minister for Consumer Protection and Equal Opportunities, demanded a sector-wide correction. DAS, the largest legal assistance insurer, promptly pledged to address the issue, and now the entire sector is following suit with the new code of conduct.
Insurers have agreed to intervene in cases of intrafamilial violence and any form of child abuse against minors “as soon as the perpetrator is criminally prosecuted at the initiative of the public prosecutor or investigative court in Belgium.” Coverage will not commence if there is only an ongoing investigation. The legal assistance insurer will help victims obtain compensation for various costs for which the perpetrator is responsible, such as medical expenses and temporary or permanent disability. The new code of conduct is retroactively applicable to all cases from 1 January 2025.
