Third-party liability for plant and machinery
- Compulsory on public roads
- Also during work
- Cables and pipes separately
Theft · unattended · water abstraction
Insuring irrigation systems
An irrigation installation does its work with no one standing by, and that makes both theft and a badly aimed jet a question of insurance.
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Deze pagina in het Nederlands: Beregeningsinstallaties verzekeren.
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In brief
Irrigation is the only form of plant and machinery that runs for days on end while nobody is watching. The reel stands in a field, the pump stands by a ditch or well, and the distance between them runs over land that is often not yours. Insurers therefore assess this risk not as machine use but as an item standing unattended outdoors, with all the consequences for the theft and storage conditions.
The second distinctive feature is that the risk lies not in the machine but in the water. A badly adjusted spray arc can make a provincial road wet and slippery, flood an adjoining plot or wash away a neighbour's newly sown crop. That is pure liability under Article 6:162 of the Dutch Civil Code and has nothing to do with your own-damage cover.
On top of that comes the permit side. Abstracting surface water or groundwater is subject to the water authority's conditions and in dry periods an abstraction ban may apply. If you keep irrigating while that ban is in force, you are deliberately acting against a regulation and that affects your position in a claim. We take that situation into account in the declaration for your plant and machinery insurance.
Irrigation installations: what is covered?
The structure of the cover in three parts, with an overview per situation below.
Own-damage cover
Damage to the machine, the body and the attachments.
- Fire and storm
- Theft from the site
- Overturning and collision
Extensions
What you add separately.
- Inherent defect and machinery breakdown
- Transport to the site
- Hired plant
What is covered
| Situation | Third-party liability for plant and machinery | Own-damage cover |
|---|---|---|
| Damage to a building or a parked car next to the site | Yes | No |
| Theft of the machine from the building site | No | Provided that |
| Fire and storm damage | No | Yes |
| Inherent defect in the hydraulics or the engine | No | Provided that |
| Damage to the item you are working on with the machine | No | No |
| Wear and deferred maintenance | No | No |
Mobile plant is a motor vehicle within the meaning of the WAM and needs third-party liability insurance on public roads; non-mobile plant does not. Damage to cables and pipes is generally only covered if the excavation notification has been made and the trial trenches have been dug. The item you work on with the machine falls under the care, custody and control exclusion.
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.
Days unattended in an open field
Reels, pump units and generators stand unsupervised and can be taken away with a tractor in a matter of minutes. Insurers therefore ask where the installation stands at night, whether the field can be locked and whether it has a tracker fitted. If you declare a yard while the reel stays in the field, the risk declaration is not correct and after a theft the insurer can rely on the duty of disclosure in Article 7:928 of the Dutch Civil Code.
Water that ends up where it should not
The largest claim in irrigation is not damage to the machine. A badly adjusted spray arc that keeps a road wet leads to slipperiness and collisions; water running onto an adjoining plot damages someone else's crop. That falls under liability, not under own-damage cover. Set the throw distance to match the field boundary and take the wind into account; where you work alongside a public road, a generous margin is no luxury.
Permit, flow rate and abstraction ban
Water abstraction carries conditions from the water authority as to location, flow rate and period. In dry summers a ban often follows. If you keep going while that ban applies, you are demonstrably acting contrary to a regulation and an insurer can refuse cover for the damage that results. Keep your permit and notifications digitally, together with the date on which you shut the installation down.
Frost, draining and the pump running dry
A pump that keeps running without water suffers damage that insurers treat as inherent defect or operating error ; that is only covered if you have that extension. Frost damage to water left in hoses and pipes usually falls outside it, as does gradual corrosion of the reel. Drain the installation before the winter and record that in a maintenance logbook for each unit.
What does your premium depend on?
- Replacement value of the reel and pump unit — Reel, generator and pump are valued separately; declaring only the reel leads to underinsurance.
- Storage situation outside the season — A locked shed weighs differently from permanent storage along the edge of a field.
- Security and tracking system — A tracker or marked serial number affects whether theft is taken into cover at all.
- Location of the plots — Irrigating alongside a public road or next to buildings brings more liability risk than a remote plot.
- Number of running hours per season — Intensive use in short periods loads the pump and drive more heavily than occasional use.
- Contracting work for third parties — If you also irrigate other people's fields, damage to their crop comes into play and the liability question changes.
Insurers weigh these details differently. That is why comparing pays off.
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.
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Frequently asked questions
The questions we are asked most often about this.
Is theft of the reel from the field covered?
Only with own-damage cover and only if you have declared the actual storage situation. If you say the installation stands in a locked yard while it stays for days on end in an open field, the actual risk differs from what is insured. At higher values insurers make a tracking system a condition; without that system theft is often excluded.
Who is liable if irrigation water makes a road slippery?
You are, as the person who set up and adjusted the installation. That is liability under Article 6:162 of the Dutch Civil Code and falls under the liability section, not under own-damage cover. The insurer looks at the throw distance chosen, the wind direction and whether you adjusted the spray arc after a change of wind. Warning signs do not remove liability, but they do help in the assessment.
What if I keep irrigating during an abstraction ban?
You are then acting contrary to a water authority regulation. The fine for that is never insured. If damage connected with the abstraction arises in that same period, for instance subsidence or flooding at a neighbour's, the insurer can hold the deliberate breach of the ban against you. So always record when you shut the installation down.
Is a pump that has run dry insured?
That depends on your cover. Damage because the pump keeps running without water is assessed as inherent defect or operating error and is only insured if you have included that extension. Gradual wear of the impeller and bearings falls outside it in any event. Frost damage to water left in hoses is generally excluded as well, because it could have been prevented by draining.
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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.