Insurance for justice, security and public administration
Organisations that supervise, enforce or take decisions rarely cause damage through a collision or a falling object. The claims arise from the action itself and from what happens to staff in the course of it.
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- Several insurers
- Switching arranged
- Help with claims
In brief
In this sector the dividing line between two policies runs right through the daily work. The public and employers' liability insurance is there for injury and property damage: a member of the public injured during an arrest or removal, a vehicle damaged during a check. The professional indemnity insurance is there for loss that consists purely of money: a licence wrongly refused, an enforcement decision that is quashed, a report on which someone else based their decision.
That second track is the heavier one for public organisations. A decision held unlawful by a court can lead to a claim under Article 6:162 of the Dutch Civil Code for lost turnover or costs incurred. On top of that, the manager of roads, bridges, sewers and public green space is subject to the strict liability in Article 6:174 of the Dutch Civil Code: if the structure is defective and damage results, the possessor is liable, even without blame. A loose paving slab or an unmaintained bridge railing is therefore a file, not an incident.
The third risk lies with your own people. Enforcement officers, special investigating officers, security staff and reception staff face aggression and violence, and the consequences are often psychological. Your duty of care as an employer follows from Article 7:658 of the Dutch Civil Code and is assessed on what you can show you did: training, a lone working protocol, use of cameras, support after an incident and recording of reports. Related pages are justice and enforcement, public administration and security and defence.
This page deals with one situation. The full overview is on Compare car insurance.
Insurance that matches your sector
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
CoverWhy arrange it through Finass Verzekert?
We look at the terms as well as the premium, and stay your point of contact when there is a claim.
Independent
We are not tied to one insurer and compare on the basis of an objective analysis of several companies.
One fixed adviser
You call or email someone who knows your file. No menu options, no changing call centres.
Switching without hassle
We cancel your old policy and align the start date, so you are never a day without cover.
Help with claims
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
What this sector runs into
Four subjects that are always probed at the acceptance stage.
Use of force and the deliberate act exclusion
An officer who takes hold of someone acts deliberately. Insurers exclude injury caused by deliberate and unlawful conduct, and Article 7:952 of the Dutch Civil Code excludes loss caused deliberately or recklessly. Whether proportionate action falls within that exclusion is precisely the point on which a claim founders. Have it recorded how your policy treats the lawful use of force before you sign.
Failing to act in supervision and guarding
If there is a break-in while a round was skipped or an alarm was not followed up, the client accuses you of a failure to act. The loss consists of stolen goods that you did not damage yourself, and therefore falls outside ordinary property damage cover. Keys and access devices for clients' sites also fall under the care, custody and control exclusion, including the cost of replacing cylinders.
Citizens' data and camera footage
Personal data, bodycam and CCTV footage and case files form a risk in their own right. The cost of recovery after systems are broken into, investigation, notification and liability towards data subjects belong on a cyber insurance. Administrative fines and penalty payments cannot be insured, because they are a sanction and not compensation.
Staff on the street and on the road
Patrols, checks and business trips mean taking part in traffic. Injury to an employee as a driver is not covered by ordinary liability insurance. There is separate cover for that, explained at WEGAS and WEGAM. For the wider picture see employers' liability.
What does your premium depend on?
- Nature of the duties: supervision, enforcement with statutory powers or advisory work only
- Payroll and number of employees: the basis for employers' liability
- Sites and locations managed: public space, buildings or third-party premises
- Number of service vehicles: patrol and transport movements per year
- Scale of the data processing: number of data subjects and sensitivity of the files
- Insured limits: per claim and capped per insurance year
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| A member of the public trips over a loose paving slab in a shopping street | Yes | No |
| A service vehicle damages a member of the public's car during a check | Yes | No |
| A special investigating officer is injured during an arrest in the street | Yes | No |
| A licence is wrongly refused and the applicant misses their season | No | Yes |
| An enforcement decision is quashed and the business claims the cost of the forced closure | No | Yes |
| Psychological complaints from a reception worker after years of aggression | Provided that | No |
In public duties both tracks often run through a single file. So check that the insured capacity also names your statutory powers.
Frequently asked questions
This is what people ask us most.
A member of the public is injured during an arrest. Is that covered?
Injury is in principle covered by public and employers' liability insurance, but the deliberate act exclusion comes into play immediately. What is decisive is how the policy deals with lawful and proportionate action and whether a separate provision has been included for it. Have this expressly put forward when you apply; arguing afterwards about the scope of the exclusion is a poor starting position.
Who pays for damage from a defective road or bridge?
The possessor of the structure carries the strict liability in Article 6:174 of the Dutch Civil Code. For a manager that means: damage from a pothole, a loose slab or a broken post is for the organisation's account, even without any blameworthy conduct. A record of inspections and maintenance is therefore the most important file you can keep.
Is psychological injury after an incident of aggression covered?
If employers' liability is included, it can be. The insurer tests whether you complied with your duty of care under Article 7:658 of the Dutch Civil Code: de-escalation training, a lone working protocol, aftercare and recording of incidents. Without that evidence the position is weak. Report an incident in good time, because Article 7:941 DCC requires notification as soon as you know about it.
Are directors of a public organisation personally liable?
Directors and supervisory board members of legal entities, including foundations and associated bodies, can be sued in a private capacity for improper performance of their duties. Such a claim concerns financial loss and is not covered by the organisation's liability insurance. There is directors' and officers' liability insurancefor that, which also bears the cost of defence.
Every situation is different. For these situations we have a separate page.
- Business interruption insurance by sectorThe main page
- Insurance for public administrationLiability, directors, buildings
- Insurance for the justice and enforcement sectorLiability, staff, property
- Insurance for security and defenceCertification, staff, sites
- Insurance for a garage businessCare, custody and control, trade plates, workshop fire
- Insurance for property managersManagement, keys, liability
- Liability insurance for a self-employed security officerPhysical intervention, intent exclusion, keys
- Liability insurance for a security companyStaff on site, alarm response, contract requirements