Professional indemnity insurance (BAV) for a coaching firm
A firm does not sell one conversation but a programme, often to an employer with a contract attached. That changes the nature of the claims you can expect.
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- Switching arranged
- Help with claims
In brief
At a firm the loss shifts from the conversation to advice about people. A selection or development assessment on which an employer bases an appointment that fails. An outplacement programme during a reorganisation in which participants do not get what the quotation promised and the client reclaims part of the fee. A team programme that escalates, after which an employee argues that your report damaged his position. In all those cases it concerns pure financial loss suffered by the client or the participant.
Your second risk is the coach pool. If you work with associated self-employed professionals, the client has a contract only with you and their mistake lands with you. Set out in the cooperation agreement that every coach maintains their own professional indemnity insurance, and check that each year. At the same time make sure your own policy does not exclude liability for third parties you engage. For the individual practitioner in this field we set out the considerations on the page about the self-employed coach.
Third: you hold sensitive information. Assessment results, 360-degree feedback and reports on your client's staff. For that part you conclude a processing agreement with the client and arrange security separately. The costs of a leak and liability towards the individuals concerned belong on a cyber insurance, not here.
This page deals with one situation. The full overview is on Compare professional indemnity insurance (BAV).
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Professional indemnity insurance (BAV)
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Get coveredWhy arrange it through Finass Verzekert?
We look at the terms as well as the premium, and stay your point of contact when there is a claim.
Independent
We are not tied to one insurer and compare on the basis of an objective analysis of several companies.
One fixed adviser
You call or email someone who knows your file. No menu options, no changing call centres.
Switching without hassle
We cancel your old policy and align the start date, so you are never a day without cover.
Help with claims
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
What to look out for
Four points to watch for a firm with several coaches and business clients.
Reporting on people is your biggest exposure
A statement about suitability, capacity for work or development potential is used in decisions about appointment, dismissal or return to work. Frame conclusions so that they can be traced back to what you observed, identify the limitations of your method and let the participant see their report. Unsupported conclusions are the most blameworthy mistake in this work.
What the framework contract requires
Clients and contracting authorities prescribe a minimum sum insured and sometimes a penalty for not meeting agreements. Contractual penalties and guaranteed results are not insurable. Ask your insurer for a statement confirming the amount required, and note the difference between a limit per claim and the maximum per insurance year.
The group of insured persons
Check word for word whether, alongside the company, staff, associated self-employed professionals, trainers and trainees are named as insured persons. If a category is missing, a claim about that person is declined while the client still turns to you, including for the cost of defence.
What falls outside the policy
The following, among others, are outside the cover: injury and property damage during training at other locations, for which you public and employers' liability insurance is needed; intent and wilful recklessness (Article 7:952 of the Dutch Civil Code); fines and penalty payments; and redoing your own programme or repaying the contract price.
What does your premium depend on?
- Annual turnover: the usual basis for the premium and the sum insured
- Number of coaches and trainers: employed staff and associated self-employed professionals are counted separately
- Range of services: assessments and selection advice weigh more heavily than individual coaching sessions
- Type of client: large employers and government bodies impose heavier contractual requirements
- Requested sum insured: often set by the framework agreement
- Retroactive and run-off periods: programmes rarely lead to a complaint in the same year
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| A conclusion about capacity for work that is not supported by your own assessment data | No | Yes |
| An associated self-employed coach shares confidential information with the client | No | Provided that |
| An appointment based on your selection advice breaks down within a year | No | Provided that |
| A participant is hurt on a climbing element during a team day you organised | Yes | No |
| A penalty under the framework agreement because an outplacement programme started late | No | No |
| Assessment results for your client's staff are exposed after a hack | No | No |
A disappointing outcome is not a professional error. The claim only succeeds if your conclusion does not follow from your own data.
Frequently asked questions
This is what people ask us most.
Our coaches are self-employed and have their own policies. Why do we need one too?
Because the client contracts with you and therefore holds you liable. The fact that you have recourse against the coach internally changes nothing about your position or about the cost of defence, which often mounts up before it is even established who made the mistake. Ask for their policy schedule each year: lapsed cover at a coach who no longer works for you becomes your problem.
A candidate was rejected on the basis of our assessment and is holding us liable.
What matters is whether you applied the method carefully and whether your conclusions are supported by the underlying data. A disappointing outcome is not a professional error. Keep the instruments used, the scoring and the reasoning. Report the claim to your insurer as soon as it arrives and make no promises to the candidate or the client.
We also organise team days with physical activities. Is that covered?
Not on this policy. As soon as participants move about, climb or work with equipment, there is a risk of injury and property damage, and that is excluded on professional indemnity insurance. Declare this kind of activity to your public and employers' liability insurer, because the activity profile is assessed there too. If you work with an external venue partner, record who is responsible for what.
What happens if we change insurer?
Ask the new insurer for prior-acts cover, with a retroactive date going back at least to the start of your oldest current cover. Declare all circumstances you already know about, because known circumstances are excluded. Do not cancel the old policy until the new one is in place; under a claims made policy a gap of a few weeks can leave years of work uninsured.
Every situation is different. For these situations we have a separate page.
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