Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
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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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.
We compare your personal liability insurance (AVP) across dozens of insurers, explain where the real differences lie, and arrange the switch from start to finish — without you having to chase it yourself.
Personal liability insurance (AVP)
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Get coveredThe structure of the cover in three parts, with an overview per situation below.
AVB for property damage and injury, BAV for professional errors.
Business contents, goods and lost turnover during downtime.
Sickness absence, accidents and the traffic risk.
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.
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Four points that make the difference between a policy that pays out and one that does not.
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.
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 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.
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.
This is what people ask us most.
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.
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.
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.
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.
Every situation is different. For these situations we have a separate page.
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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.
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