Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
Anyone who enforces the law interferes with someone else's rights: in justice and enforcement the claim is rarely about a broken object and almost always about whether the action was within powers and proportionate.
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Enforcement organisations — special investigating officer services, private security firms, bailiffs' offices, probation services, custody and escorted transport: carry a risk other service providers do not know: the lawfully inflicted detriment. An arrest, a search, a seizure or a detention is intended to restrict someone's freedom or possessions. If the power was lacking, or the means used was heavier than necessary, that same act is unlawful under Article 6:162 of the Dutch Civil Code and the organisation is liable for its subordinates under Article 6:170 DCC.
That makes the record-keeping more important than the policy itself. Public and employers' liability insurance pays for injury and property damage, but the assessment of your file starts with the official report, the use-of-force report and the camera footage. Pure financial loss — a wrongful seizure that costs a debtor a contract, a deadline missed in enforcement proceedings: falls outside the AVB and belongs on professional indemnity insurance.
The second axis is your own staff. Aggression and violence towards enforcement officers is not an incident but a structural feature of the work. Article 7:658 of the Dutch Civil Code places a duty of care on you that goes further than a radio and a stab vest: de-escalation training, a reporting structure and aftercare following an incident are among the measures you will be judged on.
Every sector carries its own risks. We translate those into cover that genuinely fits what you do day to day, rather than a standard package that just happens to apply to your business too.
Sectors
Tailored
CoverThe structure of the cover in three parts, with an overview per situation below.
AVB for property damage and injury, BAV for professional errors.
Business contents, goods and lost turnover during downtime.
Sickness absence, accidents and the traffic risk.
What is covered
| Situation | AVB | BAV | Cyber |
|---|---|---|---|
| Injury to a visitor or customer | Yes | No | No |
| Damage to a client's property | Sometimes | 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 | Sometimes | Yes |
| Damage to property in your care | No | No | No |
This overview is general in nature and is not personal advice. What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) of the insurer; you receive both before you take out cover. Taking out cover without advice? Then read what execution only means for you.
Insurers weigh these details differently. That is where your saving is.
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Four points that make the difference between a policy that pays out and one that does not.
The key question after an arrest, detention or use of force is not whether there is injury, but whether you had the power and whether the means matched the aim. An insurer tests that against your own use-of-force report and against the instructions you gave your staff. If a recorded use-of-force instruction is missing, or the officer demonstrably departed from it deliberately, the file shifts towards intent or wilful recklessness and therefore outside the cover.
A wrongful seizure, a writ served on the wrong address, a missed enforcement deadline or an incorrect entry in a file damages nothing and injures nobody — it only costs the other party money. That is pure financial loss and it is excluded on an AVB. Firms carrying out official duties or debt collection therefore need professional indemnity cover alongside the AVB, with the cost of defence in disciplinary proceedings expressly included.
An administrative fine, a penalty payment, a disciplinary reprimand or the suspension of an officer's powers cannot be passed on to an insurer: a punishment aimed at you personally loses its effect if a third party pays it. What can be arranged is the costs of defence in disciplinary or complaints proceedings. Check whether that cost section has its own limit and whether it also applies where the complaint is ultimately dismissed.
After a violent incident the first week determines whether someone comes back. Psychological aftercare, trauma counselling and reintegration are not automatically included in personal accident cover, which usually only pays out on permanent disability or death. Discuss a separate provision for aftercare and at the same time test your sickness absence cover against the full period of continued wage payment. An employee off work long term after aggression costs you two years of wages plus a replacement.
This is what people ask us most.
If the officer acted within their powers and proportionately, injury to the person concerned falls under the liability cover. You are liable for your subordinates under Article 6:170 of the Dutch Civil Code. If they demonstrably acted deliberately outside their powers, the cover for that act falls away. Your use-of-force report and instructions are the evidence.
That is pure financial loss: nothing is broken and nobody is injured, the aggrieved party only suffers financially. An AVB excludes it. You need professional indemnity insurance that names the official duties. Note how claims made cover works: what matters is when the claim reaches you, not when the seizure was levied.
No. Sanctions of a punitive nature cannot be insured, because insurance would take away their effect. What can be insured is the cost of legal defence in disciplinary, complaints or objection proceedings. Ask about it expressly, because that section is not standard on every policy and often has its own limit per set of proceedings.
Usually yes, provided you declared them when you applied and the payroll or hire cost was included. Without that declaration a gap arises: under Article 6:171 of the Dutch Civil Code you are also liable for non-subordinate assistants working on your instructions. Also check whether the hirer or the supplier bears the sickness absence risk.
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.
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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.
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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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