Injury and property damage · sections · exclusions
Chubb liability insurance for businesses
Business liability insurance covers injury and property damage you cause to others. What is not in it is just as decisive as what is.
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Deze pagina in het Nederlands: Chubb aansprakelijkheidsverzekering voor bedrijven.
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.
Work out for yourself what it would cost.
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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 public and employers' liability insurance covers loss for which you are liable in law under Article 6:162 of the Dutch Civil Code, and under Article 6:170 of the Dutch Civil Code including the mistakes of your subordinates. It is about personal injury and damage to property: someone is injured or something is broken. Finass arranges cover with several insurers; which insurer carries the policy follows from your activities, your size and your underwriting profile.
The description of your activities on the policy schedule is the most important sentence in the whole policy for this cover. Loss arising from work that does not fall within it is not insured, even if it is identical in nature. A trading company that starts doing installation work, an installation engineer who takes on roofing, a consultancy that starts giving training on site: each of those steps calls for the description to be amended before the work starts.
The sharpest line runs with the professional indemnity insurance. Financial loss without injury or damaged property is called pure financial loss and it is excluded on the public and employers' liability policy. Anyone who both does physical work and advises usually needs both policies; which of the two responds to a claim is determined by the nature of the loss and not by the nature of your mistake.
This page deals with one situation. The full overview is on Compare personal liability insurance (AVP).
What to look out for
Four elements where discussion arises on a business liability policy.
The care, custody and control exclusion
Damage to property in your care is excluded: goods being worked on, a machine you are servicing, a hired vehicle, the building you are working on. When it comes to it this is the most common ground for rejection. If you regularly work on someone else's property, an extension or separate cover is not a luxury but a necessity.
The item supplied itself
The policy covers the damage your product or work causes to someone else, not the cost of repairing, replacing or redoing the item or the work itself. A defective coupling that floods a factory hall: the water damage is insured, the coupling and refitting it are not. Recall costs call for separate recall cover.
Employers' liability
Injury to your own staff falls under a separate section. Under Article 7:658 of the Dutch Civil Code you have to show that you met your duty of care. If you cannot, you are in principle liable. Subsection 4 extends that duty to agency workers, students on placement and self-employed professionals working under your direction. Record instruction, inspections and the risk assessment in writing.
Contractual extension of liability
Liability you carry only because you accepted it in a contract and that goes beyond the law is usually excluded. Penalty clauses, wide indemnities and guaranteed performance in a client's purchasing terms can therefore fall outside the cover. Have such provisions checked in advance. Afterwards the policy cannot be adjusted to fit them.
What does your premium depend on?
- Business activity: the description on the policy schedule limits the cover
- Annual turnover: the usual basis for the general section
- Payroll and number of employees: decisive for the employers' section
- Sum insured: per claim and capped per insurance year
- Area of cover: the Netherlands, Europe or worldwide, with the US and Canada dealt with separately
- Excess: often different per claim and per section
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| Your fitter drops a toolbox at a client and the tiled floor cracks | Yes | No |
| Your adviser miscalculates a structure and the client has to retender | No | Yes |
| A visitor slips on a wet floor in your showroom and breaks a wrist | Yes | No |
| An employee accidentally shares a client's confidential figures with their competitor | No | Provided that |
| The labour inspectorate imposes a fine after an accident at your workplace | No | No |
| An employee damages the client's facade with the company van while unloading | No | No |
Which of the two policies pays follows from the nature of the loss: something broken or someone injured, as against purely financial loss.
Frequently asked questions
This is what people ask us most.
What is the difference from professional indemnity insurance (BAV)?
The type of loss makes the difference. Public and employers' liability insurance covers injury and damaged property. Professional indemnity insurance covers pure financial loss: financial disadvantage without injury or property damage, as with incorrect advice or a mistake in a calculation. Anyone who runs both risks needs both policies. A few insurers offer the combination.
Are subcontractors and self-employed professionals covered?
For injury to people working under your direction, Article 7:658 subsection 4 of the Dutch Civil Code applies, even where they are formally employed by someone else. Loss a self-employed subcontractor causes to third parties falls under their own policy. So always ask for valid proof of insurance and record who is liable for what before the work starts.
Are defence costs covered?
The cost of defending a claim is usually included, as is the cost of court proceedings conducted by the insurer. Often those fall within the sum insured, sometimes on top of it. That difference weighs heavily on a large claim. Check that provision in the conditions and report a claim in good time; Article 7:941 of the Dutch Civil Code requires you to do so.
What is never insured?
Loss caused deliberately is excluded under Article 7:952 of the Dutch Civil Code. The same applies to administrative fines and penalty payments, because those are a punishment and not compensation. Acts of war and nuclear reactions, gradual environmental contamination on your own land and damage involving motor vehicles, for which the WAM sets its own insurance requirement, also fall outside this policy.
Read more
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