Physical intervention · intent exclusion · keys
Liability insurance for a self-employed security officer
A security officer who intervenes almost by definition causes injury or damage. The question on the policy is then not whether you did it, but whether it was deliberate.
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Deze pagina in het Nederlands: Aansprakelijkheidsverzekering voor een zelfstandige beveiliger.
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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A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
Public and employers' liability insurance (AVB) is there for injury and property damage to others. For a self-employed security officer that means, in concrete terms: a visitor who injures a shoulder or wrist while being escorted out, glasses or a phone broken in the process, a door or gate you damage during a patrol. The basis is Article 6:162 of the Dutch Civil Code and the question is always whether your action was proportionate in relation to the situation.
That is where the heaviest restriction lies. Article 7:952 of the Dutch Civil Code excludes damage the insured has caused deliberately or through recklessness, and policies also contain an intent clauseof their own. A controlled detention with an unfortunate outcome is something different from throwing a punch. If the latter is established, you bear the compensation and usually the defence costs yourself. Record every incident straight away, therefore: time, cause, witnesses, camera footage and the report to the client.
Your work falls under the Wet particuliere beveiligingsorganisaties en recherchebureaus (the Dutch Private Security Organisations and Detective Agencies Act): you work with a licence or through a licensed organisation, with an identity card and screening. Insurers follow that and assess by capacity: premises security, events, door supervision or close protection. If your policy only says premises security and you also work as a door supervisor, that work is not insured. For the basics, see the public and employers' liability insurance.
This page deals with one situation. The full overview is on Compare public and employers' liability insurance (AVB).
What to look out for
Four points that determine the discussion about cover for a self-employed security officer.
Proportionality and the intent exclusion
Insurers look at the relationship between the threat and the action taken. A citizen's arrest is permitted, but using more force than necessary makes the conduct unlawful and can bring it under the intent clause. Follow the client's instructions, call the police in good time and report every physical contact in writing.
Keys, alarm codes and the premises themselves
If you are given keys or access codes to look after, you have those items in your in your care. If a bunch of keys is lost and a master key system has to be replaced, that is expensive and you run into the care, custody and control exclusion. A cylinder you damage yourself also falls under it. Ask for separate care, custody and control or key cover if you look after premises.
What you did not see is not damage to property
If there is a break-in during your shift and the client says you patrolled too late, they will claim the value of the goods stolen. That is a shortcoming in your service and pure financial loss, which the AVB does not cover. Such a complaint belongs with professional indemnity insurance.
A patrol dog is a separate risk
If you work with a dog, the strict liability under Article 6:179 of the Dutch Civil Codeapplies to damage caused by that animal: as the keeper you are liable, even without fault of your own. Many policies exclude working dogs or require a separate clause with certification. Declare their use expressly in the application.
What does your premium depend on?
- Annual turnover: the usual basis for self-employed professionals
- Type of security work: hospitality and events weigh more heavily than premises patrols
- Physical intervention as part of the work: door supervision raises the chance of injury claims
- Key and premises management: determines the need for care, custody and control cover
- Use of a working dog: assessed separately or excluded
- 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 |
|---|---|---|
| A visitor suffers a shoulder injury while you escort him out | Yes | No |
| During a patrol on the site you damage a visitor's car | Yes | No |
| Your working dog bites a passer-by during a patrol round | Provided that | No |
| There is a break-in during your shift and the client claims for the stolen stock | No | Yes |
| You throw a punch after being sworn at by a visitor | No | No |
| You break a barrier at the business park with the patrol car | No | No |
What you cause physically is assessed on proportionality. What you failed to notice is assessed on the quality of your service.
Frequently asked questions
This is what people ask us most.
I put someone out of the premises and he is injured. Is that covered?
That depends on proportionality. If the injury arises from a normal, necessary action that goes wrong, it is in principle covered personal injury. If it turns out you used more force than the situation required, Article 7:952 of the Dutch Civil Code and the intent clause come into play and cover falls away. An incident report and footage are decisive here.
The client says I am covered under their insurance. Is that right?
Usually not. A security organisation's policy generally covers its own employees, not self-employed people hired in. Ask for written confirmation if you want to rely on it. In practice clients require the opposite: a certificate of insurance from you, with a description of the capacity that covers your work.
I am injured myself in an incident. What does the AVB pay?
Nothing. The AVB pays for other people's losses. You arrange your own injury and the loss of income that follows with disability insurance (AOV) or personal accident cover. For a self-employed person in this line of work that is a real consideration, because physical incapacity stops turnover immediately.
I damage a door during a patrol. Is that paid for?
If it is a door of the building you are guarding, there is a good chance the care, custody and control exclusion applies: you had the premises in your care. If you damage the property of an unconnected third party, for example a visitor's car, that is ordinary damage to property and is in principle covered. Read the care, custody and control provision in your conditions.
Read more
Within Bedrijfsaansprakelijkheidsverzekering
- Bedrijfsaansprakelijkheidsverzekeringthe main page
- Bedrijfsaansprakelijkheidsverzekering privedetective zzp
- Bedrijfsaansprakelijkheidsverzekering beveiligingsbedrijf
- Bedrijfsaansprakelijkheidsverzekering fraude onderzoeker zzp
- Bedrijfsaansprakelijkheidsverzekering recherchebureau
- Bedrijfsaansprakelijkheidsverzekering incassobedrijf
- Bedrijfsaansprakelijkheidsverzekering fraude onderzoeksbureau
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