Basic cover
- Personal liability of directors
- Protection of personal assets
- Defence & representation costs
- Mistakes by fellow directors
Directors' and officers' liability insurance protects the private assets of the volunteers who make up the board of a VvE (Dutch owners' association) against complaints about their decisions, not against damage to the building.
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A VvE board usually consists of residents who take it on alongside their work. Even so, the same standards apply to them as to the directors of any other legal entity: under Article 2:9 of the Dutch Civil Code they must perform their duties properly, and where they are seriously at fault they can be held personally liable. The liability then reaches their own savings and home.
The loss at issue here is almost always pure financial loss: money that is lost without anything being broken or anyone being injured. Think of a reserve fund kept too low, an insurance policy cancelled by mistake, a contract signed without a mandate from the general meeting, or a decision later set aside by the court.
This policy stands apart from the the VvE's liability insurance, which covers injury and property damage to third parties. When comparing, Finass looks above all at the retroactive and run-off periods, because a complaint against a board often only comes to light years after the decision.
We compare your directors' and officers' liability insurance across dozens of insurers, explain where the real differences lie, and arrange the switch from start to finish — without you having to chase it yourself.
Directors' and officers' liability insurance
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Get coveredThe structure of the cover in three parts, with an overview per situation below.
The basic cover insures the core of your directors' and officers' liability insurance for a VvE. We show what Avéro Achmea and other insurers offer within it.
As well as management errors, also claims from shareholders, the insolvency administrator, the Belastingdienst (the Dutch tax authority) and regulators.
The most complete cover. We compare Avéro Achmea's extended version with the market.
What is covered
| Situation | AVB | BAV | Cyber |
|---|---|---|---|
| Injury to a visitor or customer | Yes | No | No |
| Damage to a client's property | Provided it is declared | No | No |
| Financial loss caused by an advisory or calculation error | No | Yes | No |
| Downtime after a ransomware attack | No | No | Yes |
| Data breach involving personal data | No | Provided it is declared | Yes |
| Damage to property in your care | No | No | No |
What we do
| What we do | At Finass | Direct with Avéro Achmea |
|---|---|---|
| Comparison across several insurers | Yes | No |
| Advice based on your own situation | Yes | Sometimes |
| One point of contact for claims | Yes | Sometimes |
| Cancellation with your current insurer arranged | Yes | No |
| We determine whether Avéro Achmea is the best choice | Yes | No |
| Advice fees for you as a customer | No | No |
This overview concerns our service, not the cover. What is actually covered is set out in the policy conditions and on the insurer's insurance card (verzekeringskaart); you receive both before you take out cover.
Insurers weigh these details differently. That is where your saving is.
We look at the terms as well as the premium, and stay your point of contact when there is a claim.
We are not tied to one insurer and compare on the basis of an objective analysis of several companies.
You call or email someone who knows your file. No menu options, no changing call centres.
We cancel your old policy and align the start date, so you are never a day without cover.
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
Customers rate our service on four aspects: personal service, service delivery, availability and the outcome. The reviews are collected and published by NH1816 and come from customers who have actually taken out a policy with Finass Advies B.V. or reported a claim.
Four points that make the difference between a policy that pays out and one that does not.
The board manages, but the general meeting decides. Anyone who acts outside the mandate, carries out a decision contrary to the deed of division or fails to inform the meeting can be seriously at fault under Article 2:9 of the Dutch Civil Code. There is a risk towards third parties as well: a supplier left unpaid because the board entered into obligations without cover in the budget can hold a director personally liable under 6:162 DCC.
The classic claims against a VvE board concern money that is not there. A reserve fund that has not been topped up for years while the long-term maintenance plan announced a roof replacement leads to an unexpected extra contribution per owner. The same applies to a buildings policy cancelled through a missed payment when a fire breaks out. What the owners hold against the board is then not the loss itself, but the fact that they have to bear it.
Most directors' and officers' liability covers work on a claims madebasis. What is decisive is not when the decision was taken, but when the claim comes in. If a board changes, the run-off cover is the most important part of the policy for the departing directors. Conversely, the retroactive cover determines whether complaints about decisions from before the start date are included. Circumstances already known at the outset fall outside the cover.
Excluded are intent, fraud and self-enrichment, for example a treasurer taking money from the VvE's account. Also excluded: injury and property damage, which belong on the association's liability insurance; fines and penalty payments imposed on the VvE itself; and arrears of service charges or premiums that simply still have to be paid. Damage caused intentionally is moreover excluded by law under 7:952 DCC.
Retroactive cover (prior risk) Included for your staff during work.
This is what people ask us most.
Yes. The law makes no distinction between a paid director and a resident who performs the role unpaid. The court does take into account what may reasonably be expected of someone in that position. That does not alter the fact that you first have to pay a lawyer to conduct that defence, and with this policy it is precisely those defence costs that often make up the largest part of the payment.
A discharge works only towards the VvE itself and only for what was apparent from the documents. An individual owner or an outside creditor is not bound by it. If a problem only comes to light later, for example with a roof replacement that turns out far more expensive than budgeted, a discharge granted earlier offers limited certainty in practice.
No. Physical damage to the complex falls under the buildings insurance (opstalverzekering) and injury or property damage to third parties under the association's liability insurance. This policy pays only for financial loss arising from a complaint about acts or omissions in management, plus the cost of legal defence against that complaint.
Your conduct lies in the past, but a claim can come years later. Because the cover runs on a claims-made basis, what is decisive is whether the policy still exists at the moment of the claim and whether run-off cover has been agreed. Arrange this before you resign and record in the minutes that the general meeting is continuing the insurance.
Every situation is different. For these situations we have a separate page.
Request a quote without obligation. We will look at which insurer best matches your activities and your risk.
Prefer to call? 072 - 509 24 56, weekdays 09:00–17:00.
Claim on the road? Emergency line 06 - 55 20 40 72.
Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
You will find our licence, KvK and Kifid details and our complaints procedure at the foot of every page.
This page was compiled by Finass Verzekert (LinkedIn). Last updated on .
The information on this page is general in nature and is not personal advice.
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