Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
Liability in the petrochemical industry
In petrochemicals the permit system determines what you may do, and working outside that system costs you both the job and your cover.
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In brief
Every operation on a petrochemical site hangs on a work permit: gas testing, release, cordoning off, fire watch, a final risk assessment before starting. That system is not a paper formality but the boundary of your cover. Anyone who opens a line that has not been released, or does arc work without a hot work permit, ends up dealing with Article 7:952 of the Dutch Civil Code on gross fault and wilful recklessness.
The odd thing about this sector is that the largest item of loss is usually not damage in the classic sense. A unit that has to come off line produces nothing while all the costs run on. Nothing is broken and nobody is injured, but there is pure financial loss. Public and employers' liability insurance covers property damage and injury and leaves precisely that item aside.
There is also the soil and environmental risk here. Contamination from a sudden and unforeseen event can usually be insured, gradual contamination cannot. The cost of remediating the soil under a plant runs far beyond what a liability policy makes available for it; separate environmental damage cover exists for that.
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What does liability cover include in petrochemicals?
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?
- The nature of the substances. Work on flammable, toxic or pressurised media weighs more heavily than work on ancillary systems and utilities.
- Work in ATEX zones. Work in classified explosion-hazard zones calls for stricter underwriting and additional conditions.
- Hot work. Welding, grinding and burning increase the fire risk and often lead to extra requirements for fire watch and follow-up checks.
- Requested sum insured. Clients in this sector require higher sums per claim than is usual in construction or installation.
- VCA level and records. A valid VCA certificate and demonstrable records of permits and measurements count in the underwriting.
- Subcontracting and hired-in labour. If you work with hired-in staff or subcontract parts of the work, the basis changes, as does the question of who answers for what.
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.
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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.
The work permit is your condition of cover
Insurers accept this work because it falls under a strict procedural regime. If you work outside it, the ground under that acceptance disappears. Keep your permits, gas measurements and toolbox records for each job, including after the work has been handed over. After an incident the first thing the expert asks for is not your policy but the permit in force at the time, and whether the measures named on it were really taken.
A standstill is loss without damage
If a unit has to come off line because of a mistake by you, the client suffers a loss without anything being broken. That is pure financial loss and it falls outside public and employers' liability cover. Only a professional indemnity insurance or a specific extension touches this item. So ask in advance which section your client actually means when they ask for proof of insurance.
Soil and environment follow their own rules
A liability policy usually only covers environmental damage to third parties where it arises from a sudden, uncertain event. Contamination that builds up over months drops out. Remediation of the soil at the site where you worked is also often not a matter of liability but the site owner's own duty to put things right. Anyone who works with liquids as a matter of course should have this arranged separately.
In the chain everyone passes it on
During a turnaround dozens of parties work alongside each other. The client holds the main contractor liable, who can be held liable under Article 6:171 of the Dutch Civil Code for the mistakes of non-subordinates and then passes it on to you. Penalties for overrunning the shutdown schedule and reductions on your instalment are not insurable, however firmly they are set out in the contract.
Frequently asked questions
This is what people ask us most.
Does my liability insurance cover the plant standing idle?
Usually not. Public and employers' liability cover is about property damage and injury. If the plant is idle without anything being damaged, the loss of production is pure financial loss and falls outside that section. If there is physical damage and the standstill follows from it, the loss of production can be included as consequential loss. So the difference lies in the cause.
Am I covered if I worked without a valid work permit?
That becomes a difficult story. Insurers take the procedural regime as their starting point when underwriting and rely on Article 7:952 of the Dutch Civil Codewhere there is a deliberate departure from it. A forgotten signature is not the same as deliberately opening a line that has not been released, but in both cases your records determine how the conversation goes.
Are fines from the client or the regulator insured?
No. Administrative fines and contractual penalty clauses are not insurable. That is a broad principle in the Netherlands. A reduction on your instalment invoice is not a third party's loss either. Only genuine compensation that you owe in law qualifies. So when you take on work, allow for the fact that the penalty risk stays entirely with you.
What if soil contamination only comes to light in a later survey?
The first question is then whether the contamination arose suddenly or built up gradually. Gradual contamination is almost always excluded on a liability policy. The second question is when you knew: report it as soon as you know of a claim or of a specific circumstance, as Article 7:941 of the Dutch Civil Code requires.
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.
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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.