A mobile crane earns its money standing still on outriggers, and it is precisely that set-up that determines what damage you can cause and who bears it.
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In brief
A mobile crane lives in two legal worlds in a single day. On the way to the job it is a motor vehicle and the compulsory insurance under Article 2 of the Dutch Motor Insurance Liability Act (WAM)applies. As soon as the outriggers are out and the boom goes up, the machine is doing work for which liability cover for plant and machinery is needed. Insurers do not always draw that boundary in the same place, and that is exactly where a loss falls between two policies.
The second point is the set-up position. The outrigger pressure of a mobile crane is a point load on a small area. Beneath that pad there may be a sewer, a basement deck, the rim of a manhole or a newly laid cable duct. If it gives way, it is not your machine that is at issue but someone else's site, and then Article 6:162 of the Dutch Civil Code comes into play with the question of whether you should have checked the bearing capacity.
What surprises most crane owners: the load on the hook is never an own-damage claim. Own-damage cover insures the crane, not what hangs from it. A dormer that swings against a facade or an installation that ends up on the floor is property that was in your care and that is excluded as standard. So we first arrange how your plant and machinery insurance is built up on that point.
The structure of the cover in three parts, with an overview per situation below.
Liability
Third-party liability for plant and machinery
Damage you cause to others with the machine.
Compulsory on public roads
Also during work
Cables and pipes separately
The machine itself
Own-damage cover
Damage to the machine, the body and the attachments.
Fire and storm
Theft from the site
Overturning and collision
Extensions
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.
The outrigger pressure bears down on someone else's property
The whole crane plus the load comes down on four outrigger feet. If there is a basement deck, a manhole, a drainage pipe or newly laid paving underneath, it subsides and the damage is to your client's site. Insurers ask about the use of outrigger pads or track mats and about whether you requested the bearing capacity. Record that with a photograph of the set-up before you start.
What hangs from the hook is not an own-damage claim
Own-damage cover pays for damage to the crane itself. A load that tips, hits a facade or comes loose is damage to a third party's property that was in your care during the work. That is the classic care, custody and control exclusion and without a separate extension it is the most expensive uninsured part of your job. Set the level of that extension to match the heaviest and most valuable load you lift in a normal week.
Driving and lifting fall under different regimes
On the way to the location the compulsory motor cover under Article 2 of the Dutch Motor Insurance Liability Act (WAM)applies. During the lifting, the working risk cover applies. If the crane drives into a viaduct or canopy with the boom raised, the question is which regime governs that moment. If you work above or beside the public road, record which traffic measures were taken; without barriers a claim quickly moves towards contributory fault.
Load chart, lift plan and certified lifting gear
If you lift outside the load chart or with condemned slings, it is no longer a matter of unfortunate coincidence. Keep for each job the lift plan, the outrigger pressure calculation and the inspection certificates for slings, shackles and hooks. Steel ropes, tyres and brake linings are wearing parts and are paid for nowhere; deferred maintenance on the boom or hydraulics is an independent ground for exclusion.
What does your premium depend on?
Lifting capacity and boom reach. The heavier and further you can lift, the greater the loss that can arise in one go.
Replacement value of the crane. The main basis of calculation for the own-damage premium, including fixed superstructure and jibs.
Share of work on the public road. Lifting over a street, railway or pavement weighs more heavily than work on a closed site.
Care, custody and control cover for the load. The limit chosen for property in your care determines a large part of the liability premium.
Experience and certification of the operator. Permanent, certified operators weigh differently from changing hired-in or agency workers.
Storage and claims history. Where the crane stands outside working hours and which incidents there have been also determine the excess.
Insurers weigh these details differently. That is where your saving is.
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.
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.
Is the load I lift insured under my own-damage cover?
No. Own-damage cover protects the crane, not what hangs from it. A load that falls or swings into something is damage to someone else's property that was in your care, and that falls under the care, custody and control exclusion. Only a separate care, custody and control extension covers it. If the same movement also hits a facade or a parked car, that does fall under the ordinary liability cover.
Who pays for the subsided paving beneath my outriggers?
That is damage to your client's site and therefore liability, not own-damage. The insurer looks at whether you asked about the bearing capacity of the set-up position and whether you used outrigger pads or track mats. If you could have known there was a cellar or manhole underneath and ignored it, the argument about due care under Article 6:162 of the Dutch Civil Code becomes difficult.
Do I need a separate policy for a lorry-mounted loader crane?
The lorry itself falls under the compulsory motor insurance. Lifting with the mounted crane is work, and working risk or plant and machinery cover is needed for that. Many commercial vehicle policies do not include it. So we always check whether the superstructure is insured and whether the crane appears on the policy with a value of its own.
What happens if there is no lift plan or outrigger pressure calculation?
Their absence does not automatically make the loss uninsured, but you lose your defence. The first question after an incident is what preparation there was. Without a plan, a calculation and valid inspection certificates for the lifting gear it is clear that you cannot show you acted with due care, and the injured party can recover from you considerably more easily.
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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