Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
At a public sector organisation liability runs along two tracks that have little to do with each other: what you decide and what you have under management.
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The first track is decision-making. A licence wrongly refused, a grant wrongly determined or information given to a business owner on which they were entitled to rely causes loss without anything being damaged. That is pure financial loss and that is where public and employers' liability insurance stops: it covers property damage and injury. For unlawful decisions and advice, tested against Article 6:162 of the Dutch Civil Code, professional indemnity cover tailored to the public task is needed.
The second track is what you own. Roads, cycle paths, sewers, bridges, culverts, schools and town halls fall under the strict liability in Article 6:174 of the Dutch Civil Code: as possessor or manager you are liable for a defect, even without blame. That rule does not apply to trees, planting and loose objects, which are tested against the duty of care in Article 6:162 DCC; for animals under your own management, such as conservation grazers or a children's farm, Article 6:179 DCC applies.
You are also the employer of people who work outdoors: field staff, enforcement officers, special investigating officers, waste collection and winter gritting. Article 7:658 of the Dutch Civil Code calls for a safe workplace and Article 6:170 DCC makes you liable towards third parties for mistakes by subordinates. We therefore first map out which tasks you carry out yourself and which lie with associated bodies or contractors, because that determines which policy has to carry the claim.
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.
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.
If you dig up a street for months, a business owner can ask for compensation for lost turnover while your action was entirely lawful. That duty to compensate arises from administrative law, not from liability, and therefore falls outside every liability policy. The same applies to planning compensation. Budget for it and do not confuse it with claims about unlawful conduct, because only that second category can be insured.
Where someone is injured by a loose paving slab, a sunken manhole cover or a faulty street light, the key question is not whether you knew of the defect, but whether your inspection and reporting regime is sound. Set out the frequency for each type of road, record every report with its date and handling period and keep the photographs. A report that demonstrably stood open for three weeks turns strict liability into culpable failure to act and weakens your position in any settlement.
Special investigating officers, inspectors and reception staff face aggression; where they intervene, a member of the public can be injured. For your own people Article 7:658 of the Dutch Civil Code applies, for damage to the citizen Article 6:170 DCC. Deliberately inflicted injury is excluded, even where you are sued as the employer. Make sure instructions, use-of-force reports and aftercare are recorded; without a file the officer's account stands alone.
Directors and supervisory board members of joint arrangements, participations and affiliated foundations can be sued personally for improper management, for instance after a deficit at a delivery body. Such a claim touches personal assets and falls outside the liability insurance of the organisation itself. There is separate directors' and officers' liability insurance for that. On a change of office holders note the run-off period, because claims come in years later. See also directors' and officers' liability.
This is what people ask us most.
Not by ordinary public and employers' liability insurance. That covers property damage and injury, whereas a licence wrongly refused or a grant wrongly determined results in pure financial loss. Professional indemnity cover that names the public task is needed for that. The test runs through Article 6:162 of the Dutch Civil Code: was the decision unlawful and is the loss the result of it?
As highway authority you carry strict liability under Article 6:174 of the Dutch Civil Code, so not knowing about the defect does not help you. Your defence consists of the inspection regime: a demonstrable frequency, recorded reports and a handling period that was met. If a report stood unattended for weeks, the discussion shifts from strict liability to culpable failure to act.
Usually yes, but that has to appear from the policy and the numbers have to be declared. Article 7:658(4) of the Dutch Civil Code extends your duty of care to people who carry out work for you without being employees. For special investigating officers you should also look at the use-of-force instruction: deliberately inflicted injury remains excluded, even where you are sued as the employer.
No. Fines, penalty payments and other sanctions are not compensation but a punishment, and are therefore not insurable on any policy. The same applies to contractual penalty clauses in procurement and to the cost of taking a decision again. Only the loss a third party suffers through your unlawful conduct is insured.
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.
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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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