When Jonathan Overes, insurance lawyer at Nysingh, started researching fire insurance in 2026 he could never have predicted that it would eventually become a project running to over six hundred pages. Nine years later, he defended his doctoral thesis at Erasmus University in Rotterdam. His research provides an innovative look at a type of insurance that fulfils an important role and is also legally complex. Jonathan explains how the project was created, which insights surprised him and why this particular topic is relevant today.
A topic that required further development
Jonathan saw early on that an up-to-date standard legal guide to fire insurance was lacking. The last one to appear was published in 1967. ‘A lot has changed in almost sixty years and that book was really outdated,’ Jonathan says. There was, however, a wealth of literature on other types of insurance.But the literature on fire insurance left a lot to be desired.’ That inspired him to write a work with both academic and practical value. ‘I wanted to write a book that unites multiple worlds. Something useful for the academic community, but also something I can fall back on in my daily practice.’
A broad question that provided direction
The main question of the thesis sounds simple, but proved to be wide in scope:
What are the key characteristics of a fire insurance policy under private law in the Netherlands and what do they mean?
That question led to an in-depth analysis. Although a lot of insurance policy clauses seem clear, in practice they often rest on a complex and layered legal framework. Those clauses determine how cover and loss are assessed and how that affects the parties concerned. Jonathan meticulously mapped out that framework.
A notable insight
While conducting his research Jonathan discovered that, in commercial fire insurance, loss assessment often works very differently from what many people think. He explains: ‘Polices often state that the claim is made binding by two experts, one appointed by the insurer and one appointed by the insured. Such experts are generally viewed as biased to some extent, in particular the expert appointed by the insured.’
In legal terms, however, the story is different. ‘An expert’s opinion is legal binding. This means that such experts must be unbiased and independent, and that is mandatory to hear both sides,’ he explains. ‘Essentially, they are contractors working for both parties. That will go unnoticed for as long as everyone is happy with the amount of the claim. However, if there is any disagreement, it really is legally important how the system works. That was an eye-opener for me.’
Developments with an impact
Jonathan had to navigate current events while writing his work. One of them was the 2021 flood in Valkenburg. That led to the development of a new flood clause. ‘Legal developments often lag behind the times,’ he says. ‘New risks, such as that flood, must be incorporated into policy conditions. I wanted to properly understand and explain such a new clause.’
Value in practice
The doctoral thesis was not used merely in an academic context. Jonathan directly applied many of his insights to his ongoing cases. ‘Much of what I researched also found its way into my work. And conversely, my real-life experiences helped me with the book. I found that interaction between theory and practice very valuable.’ That is relevant, because fire insurance is one of the most prevalent issues in insurance disputes. ‘My statistical research showed that approximately one in five judgments on insurance disputes are about fire insurance. This shows the importance of properly understanding the legal basis.’
Gradual development of expertise
Jonathan did not stumble upon this area of law by chance. ‘I found that insurance law suited me well. You need to be sensitive to the use of language and explain a lot of policy conditions. I really enjoy that. It’s highly practical and it’s always about specific situations and interests.’ Focusing on one form of insurance deepened his understanding. ‘It made it tangible and relevant. You’re building something that’s useful in practice.’
An investment with lasting value
Writing a doctoral thesis in addition to a holding job in the legal profession and raising a family with small children would be a lot for anyone. For Jonathan, the journey spanned many years, but it was also an investment in his own development and in his area of law. The knowledge he has accumulated over the past years has now been brought together in a work that sheds light on the subject from various angles.
His doctoral thesis is a comprehensive guide to professionals in a type of insurance that is legally complex but also frequently encountered in practice.
You can contact Jonathan Overes if you have any questions on this topic. His doctoral thesis can be ordered via this link.
