Contracts · terms of supply · business premises
Legal expenses insurance for businesses through Nationale-Nederlanden
The most expensive business dispute rarely starts in court and almost always with a contract nobody read through. A legal expenses policy should be arranged around that.
- Several insurers compared objectively
- 9.5 customer rating for a new policy
- AFM licence 12016589
- Personal 072 - 509 24 56, weekdays 9–17
Deze pagina in het Nederlands: Rechtsbijstandverzekering voor bedrijven via Nationale-Nederlanden.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
Work out for yourself what it would cost.
Enter your details; you will receive a proposal within one working day.
- We compare the offerings of several insurers
- An adviser checks whether the cover suits your activities
- We arrange the switch, including cancellation
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
In a business of any size the conflicts come from the chain: a supplier delivers late, a software package does not do what was promised, a subcontractor disappears halfway through, a customer relies on its own purchasing conditions. In legal terms it comes down to who is in breach and whether you may cancel under Article 6:265 of the Dutch Civil Code. Anyone who cannot show that their general terms and conditions were handed over before or when the agreement was concluded starts such a discussion at a disadvantage.
Finass compares several insurers objectively. Nationale-Nederlanden is one of the insurers we can place business with. What suits you follows from your activities and your size. Background on this insurer is at Nationale-Nederlanden. The general product explanation can be found at business legal expenses insurance.
When applying, pay close attention to who is insured. With a holding company and operating companies, all entities have to be on the policy, including the legal form and the KvK number. A subsidiary that is not on it is not insured. The same applies to directors and employees when they are held responsible in that capacity. A dispute between the insured entities is excluded as standard, as is a conflict between shareholders or partners.
This page deals with one situation. The full overview is on Compare personal legal expenses insurance (rechtsbijstandverzekering).
What to look out for
Four subjects that for businesses make the difference between cover and discussion.
Contracts and general terms and conditions
The contracts module is the heart of a business policy. Without it, purchase and sale disputes are not taken on. Make sure your own terms are up to date and can be shown to have been supplied; a battle of forms in which your customer's terms prevail weakens your position regardless of which insurer runs the case.
Business premises: rented, bought or owned
Disputes about business premises fall under a separate module. For shop and catering space the tenancy protection of Article 7:290 of the Dutch Civil Code onwards applies; for office and business space the protection against eviction in Article 7:230a DCC. If you own the premises yourself, the occupier's liability of Article 6:174 of the Dutch Civil Code also comes into play if something falls off the façade.
Traffic and the vehicle fleet
If your staff drive company cars, the traffic module is relevant for recovering losses and for assistance in traffic prosecutions. Recovery of own-damage losses runs through the car insurance. The compulsory liability cover for the vehicle itself follows from Article 2 of the Dutch Motor Insurance Liability Act (WAM) and is separate from any legal expenses policy.
Financial loss and liability belong elsewhere
If you are held responsible because you caused loss, the liability insurer conducts the defence. If it concerns a professional error with financial loss for your customer, that belongs on a professional indemnity insurance. Legal expenses cover deals with cases in which you want to enforce something yourself, not with the loss you pay out.
What does your premium depend on?
- Legal form and group structure: every entity to be insured counts separately
- Turnover and payroll: together they determine the risk class
- Sector: construction, IT and trade each have their own types of dispute
- Modules chosen: contracts, employment, property, debt collection, traffic
- International activities: suppliers and customers abroad widen the area of cover
- Threshold and cost ceiling: the lower limit per case and the ceiling for external lawyers' fees
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | Basic | Extended |
|---|---|---|
| An employee challenges his summary dismissal at the sub-district court | Yes | Yes |
| A customer leaves your invoice unpaid and stops responding to reminders | Provided that | Yes |
| A former employee starts a competing business despite his non-competition clause | Provided that | Yes |
| The local authority refuses the permit for your new workshop | No | Provided that |
| The Belastingdienst (the Dutch tax authority) issues an additional assessment after an audit | No | Provided that |
| A competitor uses your trade name and logo in his web shop | No | Provided that |
A business policy is modular: what is not included as a module is not taken on either.
Frequently asked questions
This is what people ask us most.
Are disputes with suppliers abroad covered?
Only if the area of cover allows it. Many business policies limit the contracts module to the Netherlands or to Europe, and exclude cases in which foreign law or a foreign court applies. If you buy in from outside the EU, report that when applying. Set out in your contracts which law applies and which court has jurisdiction. That saves a discussion about cover later.
Can I still bring an ongoing case under the policy?
No. A dispute that already existed or was reasonably foreseeable when the policy started falls outside the cover. The same applies to the waiting period. Insurers look at the moment the first notice of default, complaint or disagreement arose, not at the date you reported it. So take out cover in a quiet period.
Who decides whether to litigate?
The insurer first assesses the chances of success and the balance between costs and interest. It may refuse a case it reasonably regards as hopeless. If you disagree, you can invoke the disputes procedure in the conditions, under which an independent lawyer gives a binding opinion. In court proceedings you also have the right to choose your own lawyer under Article 4:67 of the Dutch Financial Supervision Act (Wft).
What should I do as soon as a conflict arises?
Report it and do nothing irreversible. Article 7:941 of the Dutch Civil Code requires you to report the event as soon as you are reasonably aware of it. Do not sign a settlement agreement, do not pay under protest and do not instruct a lawyer yourself before the insurer has assessed the file, because costs you incur without consulting it are usually not reimbursed.
Read more
Within Rechtsbijstandverzekering
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