Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
Accounting to the court · the subdistrict court · assets
Liability for administrators (bewindvoerders)
As a protective administrator you manage the money of someone who cannot do so themselves, and you account for that to the subdistrict court.
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Deze pagina in het Nederlands: Aansprakelijkheid voor bewindvoerders.
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- 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
The standard is set out in Article 1:444 of the Dutch Civil Code: you are liable to the person concerned if you fall short of the care of a good administrator, unless the shortcoming cannot be attributed to you. That is a different test from ordinary services, because there is a judge who periodically assesses your management on the basis of the accounts you submit.
In this profession the insurance is also a condition of appointment. The Dutch decree on quality requirements for guardians, protective administrators and mentors requires professional indemnity insurance among other things; the judiciary's national quality office checks that each year. Without a valid policy your eligibility for appointment is at stake, quite apart from whether any loss ever arises.
The loss itself is almost always money missed: a benefit that was not claimed, a remission that was not used, a subscription that ran on, a claim that became time-barred, a payment that went to the wrong account. Nothing is damaged and nobody is injured, so this is pure financial loss and not the territory of public and employers' liability insurance.
What does liability cover include for administrators?
The structure of the cover in three parts, with an overview per situation below.
Assets and continuity
Business contents, goods and lost turnover during downtime.
- Business contents at replacement value as new
- Goods at cost price
- Business interruption or additional costs
Staff
Sickness absence, accidents and the traffic risk.
- Continued pay for 104 weeks
- Group personal accident
- WEGAS for traffic risks
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.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
The subdistrict court is looking over your shoulder
Unlike most service providers, your work is tested periodically. The account you render records what came in, what went out and why. If it is not approved, that is often the first step towards a claim under Article 1:444 of the Dutch Civil Code. Watertight, up-to-date records are therefore not only an obligation but also your main defence.
The application you forgot is the loss
Protective administration usually involves people with debts or limited means. A benefit not claimed, a remission missed or an objection filed too late hits them directly in their basic security and is pure financial loss for you. Record for each case which provision you applied for and when, and what the outcome was; without those records you cannot rebut a complaint.
Misappropriation is not liability
If you take money yourself, there is no cover: intent is excluded on the basis of Article 7:952 of the Dutch Civil Code. If an employee does it, that is not a professional mistake but fraud, for which separate fraud cover exists. So work with a separation of duties between whoever prepares payments and whoever approves them, and keep the money of the people you act for separate from your own business account.
Debts that were already there are not yours
You are held to account for your management, not for the situation you found. Existing debts, an ongoing rent arrear or a debt collection process under way are not a shortcoming on your part. The criticism only starts if you did not map that situation out or did nothing about it. So record the starting position in full at the outset, with the date; that document sets the limits of your responsibility.
What does your premium depend on?
- Number of cases — The number of people whose affairs you manage is the main measure of your exposure.
- Types of measure — Also acting as a guardian or mentor alongside protective administration widens the tasks and with them the risk.
- Size of the assets managed — Cases involving a home, an inheritance or a personal injury award move larger amounts.
- Number of staff and separation of duties — Who prepares payments and who approves them counts in the assessment of your internal controls.
- Sum insured — The sum per claim and per year has to meet at least what the quality requirements prescribe.
- Quality report and claims history — The outcome of the annual assessment and earlier complaints or notifications count in the underwriting.
Insurers weigh these details differently. That is why comparing pays off.
How we arrange it
- You request a quoteWe take stock of your activities, turnover and wishes.
- We compareseveral insurers, on premium as well as conditions.
- You receive a proposalWith an explanation of the differences and the exclusions.
- We arrange the switchIncluding cancellation, so there is no gap in cover.
9.5New policy
9.8Claims handling
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.
Frequently asked questions
The questions we are asked most often about this.
Is professional indemnity insurance compulsory for administrators?
Yes. The Dutch decree on quality requirements for guardians, protective administrators and mentors makes professional indemnity insurance a condition of eligibility for appointment, alongside requirements on training, business operations and annual accountability. The judiciary's national quality office tests that. So unlike for most business owners, here the insurance is not a judgement call but a condition of being allowed to do the work.
What if the person concerned withheld information themselves?
The criticism then shifts. You are assessed on what you knew or reasonably should have known and on whether you actively made enquiries. If a concealed bank account or source of income comes to light afterwards, that is not a shortcoming on your part, provided you can show that you carried out the usual checks and recorded your findings.
Am I liable for debts that already existed?
No, not for their arising. You are liable for the way you dealt with them: not mapping them out, not registering for a debt arrangement in time or allowing a claim to grow that you could have stopped. The distinction between the situation you found and your management of it determines whether there is a shortcoming.
What if an employee takes money from a case?
That is fraud and not a professional mistake. Professional indemnity insurance covers mistakes, not deliberate misappropriation; Article 7:952 of the Dutch Civil Code excludes intent. There is separate fraud or money loss cover for this risk. You also remain liable to the person concerned in the ordinary way, so a separation of duties and periodic checks matter more here than the policy.
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About our service
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 written and checked by an adviser at Finass Verzekert. Last updated on .
The information on this page is general in nature and is not personal advice.