Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
Liability in the energy sector
In the energy sector a mistake is rarely an isolated event: behind it sits a network, a supply or a production process that others rely on.
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Work out for yourself what it would cost.
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- We compare the offerings of several insurers
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A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
- Independent advice
- Several insurers
- Switching arranged
- Help with claims
In brief
What sets work on energy installations apart from other technical work is that the object almost never stands alone. A medium-voltage substation, a gas main, a heat transfer station or an inverter forms part of a chain. If something goes wrong there, the loss lies not in the component you replaced but in what comes to a halt downstream, at parties you have no contract with. That consequential loss is often pure financial loss and does not automatically run under public and employers' liability insurance.
Access to this work is regulated. Work on installations that are live or under pressure is carried out on the basis of an appointment, a work permit and a documented procedure. If an insurer puts those requirements on the policy as a condition, working outside the procedure is no longer a health and safety discussion but a question of cover. At the same time the same point touches your employer's liability: Article 7:658 of the Dutch Civil Code places the burden of proving a safe workplace on you.
If you own or operate cables, pipes or installations, a second basis is added. For a defective structure the strict liability of Article 6:174 of the Dutch Civil Codeapplies: the possessor is liable, even without fault. Soil and water contamination, for example from transformer oil, does not belong on the liability policy but on an environmental damage policy. See also construction and erection insurance for installations that have not yet been handed over.
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What does liability cover in the energy sector?
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?
- Type of installations. Electricity, gas, heat networks or renewable generation. Each has its own loss pattern.
- Voltage level or working pressure. Work on high voltage or high-pressure pipework weighs more heavily than low voltage and indoor installations.
- Work on installations in service. Work on a running or live installation increases both the injury risk and the risk of an outage.
- Appointments and certification. Which employees are appointed and which schedules you use for operations and work permits.
- Consequential damage included. Whether loss suffered by customers is included and up to what amount per claim.
- Subcontractors and hired-in staff. Who you engage and whether those parties have adequate cover of their own.
Insurers weigh these details differently. That is where your saving is.
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.
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.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
Consequential loss at customers is a separate arrangement
If your mistake brings down a production line, a data centre or a residential area, the direct damage is often limited and the consequential loss large. Public and employers' liability insurance covers, in principle, loss arising from damage to property; loss without physical damage falls outside it. Have it recorded explicitly whether consequential loss is included and up to what amount, and limit your liability contractually as well.
Appointment and work permit as a condition of cover
Work on electrical and gas installations is carried out by appointed persons, under a written work permit and following a documented isolation and safety procedure. Insurers regularly include those requirements as a warranty clause. If someone works without the required appointment or outside the procedure, the insurer may refuse cover, even if the mistake itself had nothing to do with that appointment. Keep the register up to date.
Who possesses the installation
With solar panels on someone else's roof, charging infrastructure in a car park or a heat pump in rented premises, it is not always clear who possesses the installation and who manages it. That is decisive, because Article 6:174 of the Dutch Civil Code places liability for a defective structure with the possessor. Set out in the contract who owns it, who maintains it and from what moment the risk passes.
What is not covered
Outside the cover: repair of the installation you were working on, unless care, custody and control is insured; soil and water contamination, for which an environmental damage policy is needed; fines and penalty payments imposed by a regulator; contractually agreed compensation for energy not supplied that goes beyond liability in law; and loss arising from work carried out without the required appointment or certification.
Reviewed by the advisory team of Finass Verzekert · LinkedIn
Finass Advies B.V. · AFM licence 12016589 · Chamber of Commerce 37131781
AFM licence for: Adviseren en bemiddelen in schadeverzekeringen particulier, Adviseren en bemiddelen in schadeverzekeringen zakelijk
Last reviewed on
This page was written and reviewed by advisers of a firm licensed by the AFM (Wft). Advice and policies are always handled by an adviser, never automatically.
Frequently asked questions
This is what people ask us most.
A fault brings a customer's factory to a standstill. Who pays for the lost production?
That depends on two things. First, whether there is physical damage: consequential loss following damage to property is more likely to be included than loss without anything being damaged. Second, what was agreed contractually; many construction contracts exclude business interruption loss or cap it. If there is no such limitation and consequential loss is not insured, you carry the difference yourself.
What happens if someone works on the installation without an appointment?
Then more is at stake than a health and safety issue. If the appointment system is on your policy as a warranty clause, the insurer may refuse cover for any loss that arises. On top of that, as an employer you carry the burden of proof under Article 7:658 DCC that you provided a safe workplace and monitored compliance. Without an up-to-date register of appointments that proof is hard to deliver.
A fire starts because of solar panels we installed. Who is liable?
You are liable for your own installation error, on the basis of tort or non-performance. If the cause lies in a defect in the panel or the inverter itself, product liability comes into play, Article 6:185 DCC, and the claim is in principle directed at the producer. Once the installation forms part of the building, the owner can also be held liable under Article 6:174 DCC.
Is soil contamination covered by liability insurance?
No. Almost every public and employers' liability policy excludes environmental damage, and certainly the clean-up of soil, groundwater and surface water. There is a separate environmental damage policy for that, which can cover both your own site and third-party sites. If you work with transformer oil, coolants or fuel storage, have it checked which variant and which locations need to be on the policy.
Every situation is different. For these situations we have a separate page.
- Compare personal liability insurance (AVP)The main page
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Read more
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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.