Series claims · auxiliary persons · territorial scope
Professional indemnity insurance (BAV) through Nationale-Nederlanden
One wrong assumption applied in dozens of files is often, for an insurer, one claim. That works out differently from what you might expect.
- 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: Beroepsaansprakelijkheidsverzekering 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
Finass acts as an intermediary for the business range of Nationale-Nederlanden and compares it objectively with more than thirty other companies. The choice follows from what you need cover for and not from a preference for a brand. Professional indemnity insurance pays the pure financial loss your client suffers through a mistake in advice, design, calculation, supervision or reporting. The general set-up, including the claims-made basis, is set out on the hub page on the BAV.
One element that gets little attention but can weigh heavily is the series claim provision. Mistakes arising from the same cause are treated as one claim and fall under one sum insured, usually allocated to the year of the first notification. Anyone who reuses a standard model, a spreadsheet or a fixed clause across many assignments therefore runs a concentrated risk: ten customers affected, but one limit.
Also watch who works on your behalf. If you engage a specialist, a subcontracted adviser or a self-employed professional to carry out part of the assignment, you remain liable to your client for their mistakes; Article 6:76 of the Dutch Civil Code attributes the acts of auxiliary persons to you. Have it recorded whether they fall under your cover, and otherwise ask for their policy schedule. For injury and property damage you also need a public and employers' liability insurance needed.
This page deals with one situation. The full overview is on Compare professional indemnity insurance (BAV).
What to look out for
Four provisions that determine the outcome when a professional error occurs.
The insured capacity marks out the cover
What is insured is the work described on the policy schedule. If you add secondment, brokerage, software supply or a certification scheme, that part is uninsured as long as it is not stated. Report extensions of your services actively; Article 7:928 of the Dutch Civil Code imposes a duty of disclosure on you and Article 7:930 of the Dutch Civil Code determines what happens if you do not.
Territorial scope and jurisdiction
If you work for a foreign client or supply advice that is used elsewhere, check the territorial scope. Claims brought or assessed under the law of the the United States or Canada are excluded on virtually every Dutch BAV. An arbitration clause in a foreign contract can also affect the handling of a claim.
Limitation runs on while you hear nothing
Under Article 3:310 of the Dutch Civil Code, a claim for damages becomes time-barred five years after the injured party becomes aware of the loss and of the party liable, and in any event twenty years after the event. So advice from the distant past can still come back. That makes retroactive and run-off cover not a formality but a concrete condition of staying insured.
What is always excluded
Outside the cover are fines, penalty payments and contractual penalty clauses, redoing your own work and repaying fees, and liability under guarantees that go beyond what a fellow professional can deliver. Loss you cause intentionally or through wilful recklessness stays outside; Article 7:952 of the Dutch Civil Code is the basis for that. Circumstances you already knew about at the start are not insurable either.
What does your premium depend on?
- Annual turnover: the usual basis for advisory and design work
- Type of assignments: one-off advice or ongoing support
- Sum insured: per claim and per insurance year
- Series claims arrangement: how related mistakes are counted
- Engagement of third parties: and whether they are co-insured
- Area of cover: the Netherlands, Europe or worldwide with exceptions
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| You fail to monitor a deadline and your client lets an opportunity to object lapse | No | Yes |
| Your report contains an incorrect measurement and the permit application has to be made again | No | Yes |
| A calculation error in your design leads to a cracked floor that has to be replaced | No | Provided that |
| You lose a USB stick with a client's personal data | No | Provided that |
| During a customer visit a member of staff knocks a cup of coffee over the server cabinet | Yes | No |
| A trainee from your firm damages the cladding of the building during an inspection | Yes | No |
Virtually every consultancy needs both policies: the BAV for the mistake in the work, the AVB for what gets broken along the way.
Frequently asked questions
This is what people ask us most.
What do series claims mean for my sum insured?
That several claims arising from the same mistake fall together under one limit. If you used a calculation error in a model for fifteen clients, that is one claim and not fifteen. The limit per claim therefore matters more than the annual maximum. Ask when you apply how the policy defines connection, because that description differs from insurer to insurer.
Is a mistake by a self-employed professional hired in covered?
Towards your client you are liable for what your auxiliary persons do; Article 6:76 of the Dutch Civil Code attributes their acts to you. Whether the insurer contributes depends on the class of insured persons on your policy. Have people hired in expressly included, or require them to hold their own BAV with an adequate sum insured and a matching capacity.
Does the BAV also cover the dispute itself?
The insurer takes over the handling of the claim and in principle pays the costs of defence, but the question is whether those costs fall within or on top of the sum insured. In a long-running dispute that makes a considerable difference. For conflicts that are not about liability, such as debt collection or a tenancy dispute, you need a business legal expenses insurance needed.
When must I report a mistake?
As soon as you are reasonably aware that a claim may follow. Article 7:941 of the Dutch Civil Code requires timely notification and co-operation in handling the matter. Do not wait for a solicitor's letter: notifying a circumstance fixes the policy year under a claims-made policy. Make no promise to the client and admit no liability before the insurer has responded.
Read more
Within Beroepsaansprakelijkheidsverzekering
- Beroepsaansprakelijkheidsverzekeringthe main page
- Beroepsaansprakelijkheidsverzekering architectenbureau
- Beroepsaansprakelijkheidsverzekering energieadviesbureau
- De goudse zakelijk beroepsaansprakelijkheidsverzekering bav
- Beroepsaansprakelijkheidsverzekering constructiebureau
- Beroepsaansprakelijkheidsverzekering constructeur zzp
- Beroepsaansprakelijkheidsverzekering energieadviseur zzp
Similar pages
- Professional indemnity insurance (BAV) for an architectural practice
- Professional indemnity insurance (BAV) through De Goudse
- Professional indemnity insurance (BAV) for an energy consultancy
- Professional indemnity insurance (BAV) for an educational consultancy
- Professional indemnity insurance (BAV) for a self-employed structural engineer
- Professional indemnity insurance (BAV) for a self-employed energy adviser
- Professional indemnity insurance (BAV) for a structural engineering firm
- Professional indemnity insurance (BAV) for a data analysis agency