Members among themselves · clubhouse · bar
Liability insurance for an association
At an association the claim usually comes from one of your own members, not from an outsider. Whether that claim is paid depends on one sentence in the policy: whether members count as third parties in relation to each other.
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Deze pagina in het Nederlands: Aansprakelijkheidsverzekering voor een vereniging.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
Work out for yourself what it would cost.
Enter your details; you will receive a proposal within one working day.
- We compare the offerings of several insurers
- An adviser checks whether the cover suits your activities
- We arrange the switch, including cancellation
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
Public and employers' liability insurance (AVB) pays for injury and property damage for which the association is liable. Unlike at a business, most of the people involved at an association are members: the victim, the person who caused it and the organiser are all in the same circle. Check first, therefore, whether the policy provides that insured persons count as third parties in relation to each other. If that provision is missing, injury to a junior member during training or to a volunteer during a working day is not covered, however clear the liability otherwise is.
The second point is the premises. If the association has its own clubhouse, you are strictly liable as possessor for defects in that structure under Article 6:174 of the Dutch Civil Code: a loose terrace step or a goal that falls over costs you the argument about whether you could have done anything about it. If you rent from the municipality, tenant's liability is the main issue. That is not automatically included and covers fire or water damage to the premises rented.
Three things that regularly come up at associations fall outside the cover. Damage to borrowed or hired equipment — a trailer, a sound system, another club's game equipment — falls under the care, custody and control exclusion. Complaints against the board about subscriptions, contracts or financial management are financial loss and belong on directors' and officers' liability insurance. And damage with a motor vehicle falls under the compulsory insurance in Article 2 of the Dutch Motor Insurance Liability Act (WAM).
This page deals with one situation. The full overview is on Compare public and employers' liability insurance (AVB).
What often goes wrong at an association
Four situations that lead to a rejection at associations.
Sport and games: a higher threshold
For participation in sport and games the case law applies a higher threshold for liability: conduct that is part of the game does not readily amount to unlawful conduct within the meaning of Article 6:162 of the Dutch Civil Code. That means an injury from a hard tackle usually does not lead to a payment. For those situations, collective personal accident cover for members is a more realistic answer than the AVB.
Bar, catering and alcohol
A bar makes the association a food business. Food poisoning after a club tournament is a product liability matter; ask whether your policy includes the supply of food and drink, or whether product liability insurance has to be added for that. Serving alcohol also brings its own duty of care towards visitors who then take to the road.
Coaches, officials and youth leaders
Officials usually work unpaid, but the association is liable for their mistakes under Article 6:170 of the Dutch Civil Code and owes them a duty of care through Article 7:658(4) of the Dutch Civil Code. Make sure coaches, referees and leaders appear in the policy as insured persons; otherwise an individual volunteer is held personally liable.
Animals and third parties' equipment
If the association keeps animals — a riding club, a petting farm, a dog sports club — the strict liability in Article 6:179 of the Dutch Civil Code applies to the keeper. Who was riding or walking the animal is then irrelevant. Discuss expressly whether members' horses or dogs fall under the cover and whether the care, custody and control provision stands in the way.
What does your premium depend on?
- Number of members: and the share of junior members
- Type of association: contact sports, watersports and music differ widely
- Own or rented premises: ownership brings liability for the structure
- Running a bar: food and drink add a risk section
- Tournaments and public events: the number per year and the number of visitors
- Sum insured and excess: per claim and per insurance year
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| An advertising board beside the pitch blows over and hits a spectator | Yes | No |
| A junior member is injured when an unanchored goal falls over during training | Yes | No |
| A visitor falls ill after eating a snack from the club bar | Provided that | No |
| A sister club's borrowed sound system falls off the stage during the club party | Provided that | No |
| The board is held liable because a grant was lost through late accounting | No | No |
| The municipality imposes a fine after noise nuisance during a club evening | No | No |
Complaints against the board and fines imposed belong with directors' and officers' liability insurance or nowhere.
Frequently asked questions
This is what people ask us most.
A member is injured by another member. Does the AVB pay?
Only if the association itself is liable, for example through unsound equipment or inadequate supervision, and if the policy covers liability between insured persons. For the other member's own conduct a strict standard applies in sport and games. Often there is no tort and the loss stays with the injured member. His own liability or personal accident insurance then responds.
Are our volunteers covered during a working day?
That must appear from the policy. Volunteers are not automatically insured persons. If they work with ladders, tools or at height, state that when you apply: insurers assess maintenance and DIY work more strictly than ordinary club activities. An incorrect disclosure can lead to a reduced payment or a refusal under Article 7:930 of the Dutch Civil Code.
We organise an annual outdoor event. Is the AVB enough?
For ordinary liability towards visitors, often yes, but as soon as stands, stages, bouncy castles or traffic measures are involved, the municipality usually sets requirements in the permit that go further. Then look at events insurance, which can also include the build-up phase and the risk of cancellation.
Does the insurance cover theft from the changing room?
No. Liability insurance pays only for loss for which you are liable, and theft by an unknown third party rarely creates that liability. Missing locks or a door left open can change that picture, but the care, custody and control question about property held in safekeeping still follows. For your own contents and equipment, business contents insurance is the right place.
Read more
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