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9,5/ Reviews

Liability for trade associations

A trade association speaks on behalf of a whole sector, and that makes it answerable for what it puts to its members collectively.

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  • An adviser checks whether the cover suits your activities
  • We arrange the switch, including cancellation

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A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.

  • Independent advice
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  • Switching arranged
  • Help with claims

In brief

A trade association is usually an association or foundation with a board, a small office and paying members. Liability therefore runs along two lines at once. The office can make a mistake in what it supplies to the membership: a model contract, an explanation of the collective labour agreement, a calculation tool, a members' bulletin. The board can be held liable internally under Article 2:9 of the Dutch Civil Code, and by third parties under Article 6:162 of the Dutch Civil Code. Those are two different covers.

What makes your position different from an ordinary consultancy is the reach. Individual advice affects one client. A mistake in a model contract used by three hundred members affects, in principle, three hundred parties. With risks like that, the series claims arrangement in the conditions is the pivot: do all claims arising from the same mistake count as one claim under one limit, or does each claim count separately?

A trade association also does things a consultancy does not: award quality marks, accredit, suspend or expel members, and act for the sector towards politicians and the press. Such acts can hit a member's turnover directly. Administrative fines are never insurable in that context; a fine for prohibited collusion between members therefore always remains at your own expense. See also the overview of the four forms of business cover.

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What does liability cover include for trade associations?

The structure of the cover in three parts, with an overview per situation below.

The basics

Liability

AVB for property damage and injury, BAV for professional errors.

  • Damage to third parties
  • Employers' liability
  • Care, custody and control as an extension
Your business

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
If you employ people

Staff

Sickness absence, accidents and the traffic risk.

  • Continued pay for 104 weeks
  • Group personal accident
  • WEGAS for traffic risks

What is covered

SituationAVBBAVCyber
Injury to a visitor or customerYesNoNo
Damage to a client's propertySometimesNoNo
Financial loss caused by an advisory or calculation errorNoYesNo
Downtime after a ransomware attackNoNoYes
Data breach involving personal dataNoSometimesYes
Damage to property in your careNoNoNo

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.

What does your premium depend on?

  • Number of members and size of the membership. Determines how many parties a mistake in a collective publication can affect.
  • What you supply to members. Model contracts, explanations of the collective labour agreement and calculation tools weigh more heavily than information alone.
  • A quality mark or accreditation scheme. If you assess members and award a qualification, third parties who rely on it are added to the picture.
  • Composition of the board. The number of board members, paid or voluntary, and whether former board members are covered.
  • Series claims provision and limits. The limit per claim and per insurance year, and how related claims are counted.
  • Office staffing and specialists hired in. Your own staff, contract staff and external lawyers or advisers who publish under your name.

Insurers weigh these details differently. That is where your saving is.

How we arrange it

  1. You request a quoteWe take stock of your activities, turnover and wishes.
  2. We compareseveral insurers, on premium as well as conditions.
  3. You receive a proposalWith an explanation of the differences and the exclusions.
  4. We arrange the switchIncluding cancellation, so there is no gap in cover.

Request a quote

Why arrange it through Finass Verzekert?

We look at the terms as well as the premium, and stay your point of contact when there is a claim.

Independent

We are not tied to one insurer and compare on the basis of an objective analysis of several companies.

One fixed adviser

You call or email someone who knows your file. No menu options, no changing call centres.

Switching without hassle

We cancel your old policy and align the start date, so you are never a day without cover.

Help with claims

We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.

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.

View the reviews at NH1816 · all reviews on our site

Where things go wrong in practice

Four points that make the difference between a policy that pays out and one that does not.

Series claims: one mistake, a whole membership

If you publish a model contract or a calculation module with a mistake in it, the members affected do not come forward one by one but all at once. So first read what your conditions call a claim. If everything arising from the same cause is treated as one loss, one limit applies to the whole group. A disclaimer with general information, referring to individual advice, limits the group of those affected.

Quality marks, accreditation and expulsion

If you award a quality mark or accreditation, your members' customers rely on it. If an accredited business turns out not to meet the requirements, the customer affected can hold you to account for the way you assessed it. Conversely, a member who is suspended or expelled can hold you liable for lost turnover. Record how you assess, how often you reassess and what procedure applies to suspension and appeal.

The board and the office are not on the same policy

The organisation's liability insurance covers what the office does. Personal criticism of a board member for improper performance of their duties falls outside it. That is directors' and officers' liability. Article 2:9 of the Dutch Civil Code makes no distinction between paid and unpaid board members, which is often underestimated in an association with volunteers on the board. Arrange both covers and check whether former board members remain insured after they step down.

What the policy does not pay

Not covered are: administrative fines and orders subject to a penalty, even where they follow advice you gave in good faith; the cost of putting your own product right, such as having a defective model contract drawn up again; and claims arising from deliberate acts of the board. A dispute with a member about subscriptions or voting rights is also not a liability loss but a legal expenses matter.

Frequently asked questions

This is what people ask us most.

Does a mistake in a model contract count as one claim or a hundred?

That is set out in the series claims provision in your conditions. Most policies treat claims arising from the same mistake as one claim, with a limit for the whole. That is favourable for your excess and unfavourable for the cover available. Have that provision set against your sum insured before you issue a collective publication.

Are unpaid board members personally liable?

Yes. Article 2:9 of the Dutch Civil Code requires proper performance of duties from every director and makes no exception for volunteers. Where there is serious fault, private assets can be reached. The association's liability insurance does not cover that; directors' and officers' liability insurance is needed for it, which you can also arrange for board members who change over time.

Can an expelled member hold us liable?

It happens. If a business loses its accreditation and with it work, the complaint is directed at the care taken in your procedure: hearing both sides, sound reasoning and a right of appeal. If that procedure was followed and recorded, the claim can usually be seen off. Without a proper file it becomes a discussion about acting unlawfully.

Can a fine from a regulator be insured?

No. Administrative fines and penalty payments are by their nature uninsurable. That would undermine the purpose of the sanction. What can be insured is the cost of legal assistance in the proceedings about them, provided you have legal expenses cover. Loss suffered by members because they followed your interpretation of the rules is a separate question and may well fall under the liability cover.

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Prefer to call? 072 - 509 24 56, weekdays 09:00–17:00.
Claim on the road? Emergency line 06 - 55 20 40 72.

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 compiled by Finass Verzekert (LinkedIn). Last updated on .

The information on this page is general in nature and is not personal advice.