Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
Misconceptions about liability Insurance
Four assumptions about liability cover that are only tested at the moment damage has already been done, and usually turn out to be wrong.
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In brief
This page is not about a profession or a sector, but about the four misunderstandings that come up most often when claims are notified. They have one thing in common: they are all about the limits of the policy, not about the level of the sum insured. Anyone who knows those limits asks different questions when taking out cover.
The misunderstandings are: that public and employers' liability Insurance also covers mistakes in work or advice, that damage to someone else's property in your care is automatically included, that you are not liable for what a hired-in worker does, and that a policy responds by reference to the moment you made the mistake. All four are wrong.
If you then go looking for cover that does fit, see the professional indemnity Insurance or the overview of liability for small businesses.
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What do the Misconceptions about liability insurance cover?
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.
What does your premium depend on?
- Nature of the cover. An AVB and professional indemnity cover are priced separately; together is not automatically more expensive.
- Turnover and payroll. The usual rating basis, with hired-in workers included in the payroll.
- Care, custody and control extensions. Each category of property in your care that you insure carries its own loading and limit.
- Retroactive period. How many years of past work you take with you when you move to a new insurer.
- Sum insured and excess. The sum per claim and per year, set against the excess you carry yourself.
- Claims history and notification record. Previous claims count, and so do circumstances you notified earlier without a claim following.
Insurers weigh these details differently. That is where your saving is.
How we arrange it
- You Request a quoteWe take stock of your situation, your risk and your 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.
Why arrange it through Finass Insures?
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 Advisor
You call or email someone who knows your file. No menu options, no changing Call centers.
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.
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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.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
Misconception 1: my AVB also covers my mistakes
Public and employers' liability Insurance covers injury and damage to property. A calculation error, an incorrect specification or advice that costs the customer money damages nothing and injures nobody. That is called pure financial loss and it falls outside the policy. Anyone who designs, advises, estimates or inspects needs professional indemnity Insurance for it. Both policies connect to Article 6:162 of the Dutch Civil Code, but cover a different kind of consequence.
Misconception 2: the customer's property is covered
Property you transport, work on, Store, hire or borrow is property in your care, and care, custody and control is excluded as standard. That affects the client's laptop on your desk, the machine you are working on and the premises whose keys you hold. Extensions exist for each category, usually with their own limit and excess. It is only covered once it is stated on the policy schedule in so many words.
Misconception 3: I am not liable for a hired-in worker
Article 6:170 DCC places damage caused by a subordinate with the employer, and Article 6:171 DCC does the same for a non-subordinate you engage for your business. The injured party chooses who to hold liable and usually chooses the party with the policy. The fact that the Self-employed worker says they are insured does not fend off that claim. Ask for the policy schedule and report hired-in workers to your insurer.
Misconception 4: the policy of the time covers the mistake of the time
Many liability covers work on a claims-made basis: what counts is the policy in force at the moment the claim is made, not the policy of the year in which you made the mistake. If you cancel, cover for all the earlier years goes with it. That is why retroactive and run-off cover exist. Ask expressly at every switch how your insurer deals with this and have it confirmed in writing.
Frequently asked questions
This is what people ask us most.
But I already have Personal liability insurance, don't I?
That expressly does not cover what you do in a profession or Business. As soon as the damage is connected with work you are paid for, the personal policy rejects the claim. That also applies to sidelines alongside employment and to jobs you take on through a platform. Business cover is needed for those activities, however small the turnover.
If I did nothing wrong, surely I cannot be liable?
There are liabilities without fault. Article 6:174 DCC places damage caused by a defective building with the possessor, Article 6:179 DCC damage caused by an animal with the owner and Article 6:185 DCC damage caused by a defective product with the producer. Fault plays no part there. The only question is whether the defect existed and whether the damage followed from it.
Does what I put on the application form matter?
Yes, and that is the fifth stumbling block. Article 7:928 DCC requires you to disclose everything relevant to the underwriting; Article 7:930 DCC sets out what happens if that was not done. An undeclared secondary activity or a concealed earlier claim can lead to a reduced or refused payment, years later.
When do I have to notify a claim?
As soon as reasonably possible, says Article 7:941 DCC. In practice it goes wrong with the incident you think will come to nothing. If you do not report it and the claim comes in a year later after all, the insurer can argue that it has been prejudiced. Notifying costs nothing and keeps the door Open.
Every situation is different. For these situations we have a separate page.
- Compare Personal liability insurance (AVP)The main page
- Liability for Private investigationLicence, privacy, methods
- Liability for Remedial teachersDiagnosis, boundaries, referral
- Liability for education specialistsAdvice, implementation, scope
- Liability insurance for Self-employed professionalsClient requirements, Private assets, sum insured
- Liability for travel agenciesPackage travel, guarantee scheme, duty of care
- Liability for small businessesSum insured, care, custody and control, staff
- What is third-party liability?Tort, Article 6:162 of the Dutch Civil Code, strict liability
- Liability in flange assembly: care, custody and control and consequential lossTorque, gasket, records
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About our service
Finass Insures 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.
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This page was compiled by Finass Insures (LinkedIn). Last updated on .
The information on this page is general in nature and is not Personal advice.