Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
NOvA regulation · time limits · disciplinary law
Liability for solicitors
For lawyers, professional indemnity insurance is not a choice but a condition set by their own professional body.
- several insurers compared objectively
- 9.5 customer rating for a new policy
- AFM licence 12016589
- Personal 072 - 509 24 56, weekdays 9–17
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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.
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- 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
The Dutch Bar Regulation requires you to insure your professional liability. There are requirements as to the minimum sum insured per claim and per year, as to the scope and as to the run-off cover after you cease practising. If your policy does not meet those, that is not an insurance problem but a disciplinary one.
The mistake insurers see most often in the legal profession is not an error of substance but a missed time limit: a period for appeal, a limitation period, a period for objection. Such a mistake can no longer be put right and the loss is the lost chance of a better outcome. That is exactly what makes the size hard to predict: it depends on what was at stake in the case, not on your fee.
The policy almost always works on a claims-made basis. The date the claim reaches you determines which policy it falls under, not the date of the mistake. That makes run-in cover when you switch and run-off cover when you stop the two provisions to check first.
What does liability cover include for lawyers?
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 professional rules set the minimum
The regulation sets requirements as to the amount, the territorial scope and the run-off cover. Anyone joining a firm or starting out as an independent lawyer has to comply demonstrably with those requirements; the local Bar president can check on this. So we assess a quotation not only on premium but on whether the conditions meet the prescribed minimum. A cheaper policy that falls below it is of no use to you.
Report a circumstance, not a writ
As soon as you know that a case may end badly, you can report that as a circumstance. That anchors the matter under the current policy, even if the claim only comes years later. Article 7:941 of the Dutch Civil Code also requires you to report in good time as soon as you know the risk has materialised. Waiting because you hope to solve it yourself is the classic mistake.
Diary control is a system, not a habit
With time-limit claims, the quality of your work does not help you. A second pair of eyes on every critical date, a diary kept separately from the file and a set handover during illness or holidays are the measures insurers ask about as well. They not only reduce the risk; they also help determine how your firm is underwritten.
Client account money and payment fraud are separate
If money goes astray because payment instructions have been forged or because an account number has been changed unnoticed, that is not a professional mistake but fraud. Professional indemnity usually does not cover it; cyber or fraud cover is needed for that, and with client account money the responsibility also lies partly with the foundation that administers it. Disciplinary measures, fines and refunds of your own fee also fall outside the cover.
What does your premium depend on?
- Areas of law — Property transactions, insolvency and company law involve larger interests than, for instance, criminal or family law.
- Size of the firm — With most insurers the number of lawyers and support staff is the main basis.
- Interest per case — The typical size of the cases you handle determines the maximum loss if something goes wrong.
- Retroactive and run-off cover — Including mistakes made before the start date and claims after termination increases the premium.
- Excess per claim — A higher excess brings the premium down, but it falls to you again for each separate claim.
- File management and claims history — Demonstrable diary control and the number of earlier 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.
What exactly does the professional body require of my policy?
The Dutch Bar Regulation sets requirements as to the minimum sum insured per claim and per insurance year, as to the territorial scope and as to run-off cover after you stop. The actual amounts are set out in the regulation itself and can be changed; we check each quotation against the text in force at the time before you sign.
What is a notification of circumstances?
A report of a situation from which you can reasonably expect a claim to arise, while that claim does not yet exist. The claim is then attributed to the policy in force at that moment. On a claims-made basis that is crucial: without that notification, a claim arriving later falls under a policy that may by then no longer exist.
Am I covered for a disciplinary complaint?
Disciplinary measures and fines are not insurable. Some policies do pay the cost of the defence in disciplinary proceedings, because those proceedings often precede a civil claim. Whether that is so on your policy is set out in the conditions and differs between insurers. It is one of the points on which we compare quotations.
What happens if I cease practising?
You remain answerable for past work, while your policy stops. On a claims-made basis that means: without run-off cover, a claim arriving after the end date is not covered. The professional rules therefore prescribe a run-off period. Arrange it expressly when you stop; this is the most underestimated step in closing a practice.
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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.
You will find our licence, KvK and Kifid details and our complaints procedure at the foot of every page.
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.