Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
Official acts · time limits · professional discipline
Liability for bailiffs
A court bailiff deals with two very different risks at once: an official act where the mistake is purely financial, and an eviction where people's belongings get damaged.
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In brief
Most of your liability arises at a desk. A writ served at the wrong address, a time limit that expires, an attachment placed on the account of someone with the same name, a protected minimum income (beslagvrije voet) calculated too low. Nothing is damaged and nobody is injured, but the injured party suffers a financial loss. That is pure financial loss and it falls solely under professional indemnity insurance, not under public and employers' liability insurance.
The other part takes place in the street. During an eviction, an attachment of movable property or a public sale, you enter someone else's home or business premises in person. Damaged contents, a door forced open that did not need to be forced, injury to a removal worker or a bystander: that is property damage and injury and therefore AVB territory. You are liable for mistakes by your assigned candidate bailiff or your staff under Article 6:170 of the Dutch Civil Code.
There is also a track that cannot be insured. Complaints are dealt with by the disciplinary chamber for court bailiffs, and disciplinary measures, fines and the consequences of a suspension are not an insured loss.
What does liability cover for court bailiffs?
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.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
Service and time limits: the mistake that only shows up later
A writ served late or at an address that has been vacated can lead to a default judgment, an appeal being declared inadmissible or a claim becoming time-barred. The loss is then the full value of the case, not your fee. Record which source you used to check the address and on what date; that check is your only defence. Work with a diary system in which two people look at each file, because the expiry of a mandatory time limit is the most common serious claim in this profession.
The protected minimum income and attachment against the wrong party
If too much is deducted from an income, or an attachment is made against a third party who has nothing to do with the debtor, a vulnerable debtor or an innocent third party suffers a loss immediately. Document the data on which you based the calculation and the date you requested it. Correct matters at once if there is any sign of an error; letting an incorrect attachment continue increases the loss and weakens your position with the insurer.
Evictions are physical damage, with care, custody and control as the sticking point
During an eviction you have someone else's household contents in your care: from the pavement to the storage unit. Damage to or loss of those goods falls under the care, custody and control exclusion, which on a standard AVB is excluded. Have care, custody and control insured with a limit that matches a complete household contents, and record with photographs the condition in which you found and removed the goods. Without those records, any claim about missing items is impossible to refute.
Client account funds are a separate risk, not a liability
The client account holds other people's money. If money disappears from it through fraud by an employee or through a successful invoice fraud, that is not a liability loss but a property crime. An AVB and professional indemnity insurance do not cover it not; there is a separate fidelity or money policy for that. Assess that risk separately, with four-eyes checks and payment limits as the first measures.
What does your premium depend on?
- Number of official acts per year — The volume of writs, attachments and evictions determines your exposure to claims.
- Composition of the office — The number of bailiffs, assigned candidates and staff; you answer for their mistakes under Article 6:170 of the Dutch Civil Code.
- Sum insured per claim and per year — Where a mandatory time limit is missed, the value of the underlying case is the measure, not your invoice.
- Care, custody and control limit for evictions — The value of a complete household contents that you remove and store determines the limit needed.
- Secondary activities — Debt collection, debt mediation or administration alongside the official role are separate risk descriptions.
- Internal controls and diary management — Documented procedures, file checks and the four-eyes principle count in the underwriting.
Insurers weigh these details differently. That is why comparing pays off.
How we arrange it
- You request a quoteWe take stock of your activities, turnover and 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.
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.
Frequently asked questions
The questions we are asked most often about this.
I have missed a time limit. Is that insured?
Under professional indemnity insurance it is, because that is pure financial loss. Under public and employers' liability insurance it is not, because that requires property damage or injury. Note the scale: the loss is the value of the case that can no longer be pursued, and that can be many times your fee. Set your sum insured on that basis, not on your turnover.
Is assistance in disciplinary proceedings covered?
Usually not as standard. A complaint to the disciplinary chamber for court bailiffs is not a claim for damages, so liability insurance does not come into it. Some insurers offer a module for the cost of legal assistance in disciplinary proceedings; ask about it expressly. The measure itself, a fine or a suspension and the loss of turnover that goes with it, always remains for your own account.
Who is liable for a mistake by my assigned candidate bailiff?
You are, under Article 6:170 DCC, because it concerns a mistake by a subordinate in carrying out the task assigned. That is exactly what the office policy is for. Internally your employee is protected by Article 7:661 DCC, unless there is intent or wilful recklessness; where there is intent, cover also falls away under Article 7:952 DCC.
We also do debt collection without an official title. Does that have to be declared separately?
Yes. Amicable debt collection, debt assistance and administration are different activities with their own loss pattern and are not automatically covered under the description of a bailiff's office. Declare them when you apply, so that Article 7:928 DCC does not come into play when a claim arises. See also liability for debt collection agencies.
Read more
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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.
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This page was written and checked by an adviser at Finass Verzekert. Last updated on .
The information on this page is general in nature and is not personal advice.