Certification · area of operation · high sums insured
Liability in the offshore sector
Work offshore falls outside the territorial scope described on an ordinary public and employers' liability policy, and in offshore work that is the first question you have to have answered.
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
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
Public and employers' liability insurance has a described area of operation: the Netherlands, the Benelux or Europe. A fixed platform, a jack-up, an offshore wind farm or a work vessel does not automatically lie within it. If offshore work is not stated on the policy in so many words, not only the special risk is uninsured, but also the everyday damage you cause there.
The second thing that makes offshore different is the contract. Clients work with knock-for-knock: each party carries its own losses and both waive recovery against the other. That means you take on liability you would not have without that contract. A policy that excludes liability assumed or increased by contract excludes precisely that part.
In any event the following are not covered: damage to the object you are working on as long as care, custody and control is not insured, well control and blowout, fines and contractual deductions from the day rate, and damage caused deliberately (Article 7:952 of the Dutch Civil Code). For a comparison with work onshore, read the page on liability in the petrochemical industry.
The structure of the cover in three parts, with an overview per situation below.
The basics
Liability
AVB for property damage and injury, BAV for professional errors.
Damage to third parties
Employers' liability
Care, custody and control as an extension
Your business
Assets and continuity
Business contents, goods and lost turnover during downtime.
Business contents at replacement value as new
Goods at cost price
Business interruption or additional costs
If you employ people
Staff
Sickness absence, accidents and the traffic risk.
Continued pay for 104 weeks
Group personal accident
WEGAS for traffic risks
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.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
Have the area of operation recorded literally
Do not ask whether offshore is "included", but have the policy schedule state which area applies: the Dutch continental shelf, the whole North Sea, or wider. If you work occasionally at a location outside that area, report it in advance. A claim arising from work outside the policy area is rejected, even where it concerns ordinary property damage and the fault undeniably lies with you.
Knock-for-knock moves the bill to you
In offshore contracts each party carries damage to its own staff and equipment, regardless of fault. So you can end up paying for damage you did not cause, and you cannot recover your own losses from whoever did cause them. Submit the contract to your insurer beforehand. Without an extension for liability assumed by contract, the policy only pays what you would have to carry under Article 6:162 DCC.
Tools, ancillary equipment and the object in your care
At sea you are constantly in contact with other people's property: you work on the installation, use the vessel's crane and place equipment on a deck that is not yours. That is care, custody and control, and care, custody and control is outside the cover as standard. Tools that go overboard and have to be recovered from the seabed also fall under it. Have a care, custody and control extension included and check whether salvage is insured.
Your people at the location and on the way there
Article 7:658 DCC applies in full on an installation: you have to set the workplace up safely and monitor compliance. What is special offshore is the journey in between. Helicopter transport, crew transfer and living on board lie in the zone where Article 7:611 DCC can impose an additional duty of care. When you send people out, arrange personal accident and travel cover that continues at sea. The liability policy does not fill that gap.
What does your premium depend on?
The area of operation agreed. Dutch continental shelf, the whole North Sea or worldwide. Every extension weighs heavily.
Nature of the work. Inspection and crewing are weighted differently from lifting work, diving work or hot work.
Number of offshore man-days. How many days a year are actually worked offshore, rather than total turnover.
Requested sum insured. Clients set their own requirement per claim. That requirement determines the layer you buy.
Care, custody and control and salvage. Insuring property in your care and salvage costs at sea carries a separate loading.
Certification and safety regime. VCA level, a work permit system and demonstrable supervision reduce the risk assessment.
Insurers weigh these details differently. That is where your saving is.
How we arrange it
You request a quoteWe take stock of your activities, turnover and 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.
Does my existing public and employers' liability insurance cover work on a platform?
Usually not. Most policies state an area of operation designed for work on land and either exclude work at sea or say nothing about it. Ask your insurer for written confirmation and have the area amended on the policy schedule before you go on board. A verbal assurance from a broker does not change the policy wording.
What does knock-for-knock mean for my cover?
You accept liability for your own staff and equipment regardless of fault, and waive recovery against the client. That is liability arising from contract, not from the law. Many policies exclude liability that arises solely from an agreement. Have the contract assessed beforehand and the exclusion removed where necessary.
Is damage to the installation I work on covered?
Only if care, custody and control is insured. Without that extension the policy does pay consequential loss to third parties, but not the damage to the part you had in your care. Offshore, the cost of salvage and access is added to that, and it can far exceed the material damage. Discuss both points together.
When do I have to report an incident?
As soon as you know, or can reasonably suspect, that a claim will arise from it; Article 7:941 DCC requires notification without unreasonable delay. Offshore, the claim often comes only months later through the main contractor. So report the incident itself, even if nobody has yet held you liable, and keep the work permit file for that day.
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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