Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
An independent legal adviser works without a gown and without a disciplinary tribunal: a dissatisfied client does not go to the bar association but straight to the civil court.
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A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
That is the decisive difference from the legal profession. There is no compulsory professional insurance laid down by a bar association, no complaints route that runs past a dean first and no legal professional privilege. A complaint about your advice arrives as a claim for non-performance or tort, with Article 6:162 of the Dutch Civil Code as its basis, and the first question is then exactly what you had undertaken to do.
Your loss is almost always pure financial loss: no injury, nothing damaged, but a financial disadvantage. Ordinary public and employers' liability insurance excludes that. You need professional indemnity cover. That covers only work within the capacity described on the policy. If you also do interim management, board work or mediation, that is not automatically included.
Not insured are: your own fee that a client reclaims, fines, deliberate acts under Article 7:952 of the Dutch Civil Code, and claims you already knew about when you took out the policy. Report a threatened claim as soon as you know of it. That follows from Article 7:941 of the Dutch Civil Code.
We compare your personal liability insurance (AVP) across dozens of insurers, explain where the real differences lie, and arrange the switch from start to finish — without you having to chase it yourself.
Personal liability insurance (AVP)
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Get coveredThe 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.
We look at the terms as well as the premium, and stay your point of contact when there is a claim.
We are not tied to one insurer and compare on the basis of an objective analysis of several companies.
You call or email someone who knows your file. No menu options, no changing call centres.
We cancel your old policy and align the start date, so you are never a day without cover.
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
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.
Four points that make the difference between a policy that pays out and one that does not.
Most disputes are not about what you wrote but about what you did not deal with. The client thought the tax side was included, or that you would also check the employment law consequences. Set out expressly in the confirmation of instructions what falls inside and outside the assignment, and which assumptions you are taking from the client. With no disciplinary tribunal to filter matters first, this document is the only thing that limits the scope of your obligation.
The policy states what you are insured for: legal advice, contract work, perhaps representation in proceedings where that is allowed without a lawyer. If you appear in proceedings where representation by an advocate is compulsory, or take a board position with a client, that work falls outside the description of your capacity and therefore outside the cover. Board work calls for separate directors' and officers' liability cover. Report any extension of your practice before you start it.
Objection, appeal, limitation, the duty to complain: once a time limit expires, the right lapses and no argument on the merits is possible any more. Monitor time limits in a system that does not depend on your memory or on a single diary entry, and note for each file the date on which the right lapses. If you find that something has gone wrong, report it to your insurer at once and inform the client; concealing it almost always makes the position worse.
Professional indemnity policies usually work on a claims-made basis: what matters is when the claim comes in, not when you gave the advice. If you change insurer or close your practice, everything notified afterwards falls outside the cover without retroactive or run-off cover. Arrange that before the change. Keep files at least as long as the statutory limitation periods run. Without the file you cannot rebut an allegation.
This is what people ask us most.
Because that policy is built around registration with the bar association and the prescribed cover that goes with it. As an independent legal adviser you fall under ordinary professional indemnity insurance, where the description of your capacity determines what is insured. Have that description drawn up precisely: legal advice, contracts, and whether or not you appear in proceedings where that is allowed without an advocate.
No. Repayment or reduction of your own fee is excluded. That is not a loss but the reversal of your own work. The same applies to the hours you spend putting your own mistake right. What is insured is the financial loss the client suffers in addition, for example a claim that is lost or a penalty they had to pay a third party.
Retroactive cover covers claims that come in during the policy term relating to work you did before the start date. Without that extension, only work from the start date onwards is covered. If you had already worked as a legal adviser for some years before insuring yourself, or if you move to another insurer, retroactive cover is the point to watch. Known circumstances are never included.
Not on professional indemnity insurance. That covers mistakes in the practice of the profession described. Liability as a director of a legal entity is a separate class of risk with its own policy. If you combine the two roles, report it and have it recorded in which capacity you do which work; making that distinction afterwards is difficult and the cover is then uncertain.
Every situation is different. For these situations we have a separate page.
Request a quote without obligation. We will look at which insurer best matches your activities and your risk.
Prefer to call? 072 - 509 24 56, weekdays 09:00–17:00.
Claim on the road? Emergency line 06 - 55 20 40 72.
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.
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