Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
At a research institution the exposure sits in three things at once: equipment with long lead times, samples and data series that cannot be recreated, and a building full of people many of whom are not employees.
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A laboratory or test rig does not fit well into ordinary business contents insurance. A mass spectrometer, a climate chamber or an ultra-low temperature freezer rarely breaks through fire or burglary, but through an internal fault, a compressor failing or a voltage spike. Those are causes that business contents cover specifically excludes and for which machinery breakdown or electronics cover is needed. The lead time for replacement equipment then matters more than the purchase price: that lead time determines how long the research stands still.
The second peculiarity is staff who formally are not staff. PhD candidates on a grant, master's students, visiting researchers from abroad, trainees and seconded analysts work under your authority and on your premises. The duty of care in Article 7:658 of the Dutch Civil Code extends to them as well, and for damage they cause to third parties 6:170 for subordinates and 6:171 applies to non-subordinates you engage. Anyone who does not declare these groups when applying is insuring a smaller institute than the one they run.
If you carry out contract research or supply reports, advice and measurement data to clients, a second form of liability is added. A measurement error or a series wrongly interpreted does not result in damaged property but in pure financial loss, and that falls under professional indemnity insurance. Consortium and grant agreements also often place liability and indemnities contractually with one of the partners. We read those clauses before the cover is determined.
Every sector carries its own risks. We translate those into cover that genuinely fits what you do day to day, rather than a standard package that just happens to apply to your business too.
Sectors
Tailored
CoverThe structure of the cover in three parts, with an overview per situation below.
AVB for property damage and injury, BAV for professional errors.
Business contents, goods and lost turnover during downtime.
Sickness absence, accidents and the traffic risk.
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.
Insurers weigh these details differently. That is where your saving is.
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Four points that make the difference between a policy that pays out and one that does not.
Insurance pays for physical damage and repair costs, not for the value of four years' work. If a freezer fails and a cell bank is lost, the insurer pays for the freezer and sometimes for the cost of recreating samples, but not for the research time lost. A temperature alarm that calls someone at night, a second freezer at another address and a tested copy of the raw data do more here than any sum insured.
After an accident with a centrifuge, a gas cylinder or an aggressive reagent, the court looks at who gave the instruction and had supervision, not at the type of contract. Under Article 7:658(4) of the Dutch Civil Code your duty of care also applies to PhD candidates, students and hired-in analysts. So declare those numbers separately, because insurers calculate employers' liability on the basis of the payroll and grant-funded students do not appear in it.
Business contents insurance covers external perils. An electron microscope with a faulty high-voltage module, a pump system running dry or a control board burning out is an inherent defect, and that is specifically excluded there. Only machinery breakdown or electronics cover picks that up, usually excluding wear, calibration and everything the maintenance contract or factory warranty already covers. Record which items of equipment fall under which cover.
Outside the cover are: deliberate acts and wilful recklessness under Article 7:952 of the Dutch Civil Code, gradual soil and water pollution from your own storage, fines and penalty payments from regulators, damage from ionising radiation and nuclear risks, and grant funding reclaimed or lost. If you supply a prototype to third parties, product liability under Article 6:185 of the Dutch Civil Code is added, which ordinary public and employers' liability insurance only picks up to a limited extent.
This is what people ask us most.
In part. The cost of retrieving or regenerating files can sometimes be insured through electronics or cyber cover. The value of the research time lost cannot: it is not physical damage and cannot be objectively quantified. A tested off-site back-up therefore remains the only real solution, not the policy.
Yes. Article 7:658(4) of the Dutch Civil Code extends the duty of care to everyone carrying out work in the course of your activities, whatever the contract. A grant-funded PhD candidate or a visiting researcher from abroad therefore falls under it. Declare these groups separately when you apply, otherwise the insured payroll does not match the actual number of people in your building.
Yes. A calculation error or a wrong interpretation in your report results in financial loss without anything being broken, and that falls outside public and employers' liability insurance. Professional indemnity cover is needed for that, which works on a claims made basis. In consortia, also note the indemnity clauses: liability accepted by contract beyond what the law imposes usually remains uninsured.
Liability for damage an animal causes to third parties follows from Article 6:179 of the Dutch Civil Code and can fall under the liability cover. The animals themselves are your own property; livestock is often excluded on property policies or can only be covered on separate conditions. Failure of climate control or air handling in animal housing calls for a separate arrangement.
Every situation is different. For these situations we have a separate page.
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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 compiled by Finass Verzekert (LinkedIn). Last updated on .
The information on this page is general in nature and is not personal advice.
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