Professional indemnity insurance (BAV) for an educational consultancy
An education consultancy supplies advice, research and reports. If something goes wrong in them, the loss is almost always financial, and that is exactly what an AVB does not cover.
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In brief
Professional indemnity insurance (BAV) covers pure financial loss: financial detriment to a client without any injury or damage to property. For an education consultancy that is virtually the whole risk. Think of incorrect advice on support or progression in a pupil's file, a missed objection deadline towards the regional partnership, or a research report whose conclusions are not supported by the underlying data and on which a school board has based its policy or a grant application.
The standard is that of a reasonably competent and reasonably acting contractor, the duty of care in Article 7:401 of the Dutch Civil Code. Not every disappointing result is a professional error: what matters is whether you acted as a fellow professional would in comparable circumstances. The proportions are skewed, though. In a reassessment of a whole year group or a grant that has to be repaid, the amount of the loss can far exceed the contract price.
The boundary with the public and employers' liability insurance runs along the type of loss. Coffee over a school's laptop, or injury to a participant during a training session on site, is damage to property and injury and belongs on the AVB. Advisory work, research and reporting belong on the BAV. Most firms need both policies; a few insurers offer them combined.
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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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
In advisory work it is not the sum insured but the moment of notification that determines whether you have cover.
Claims-made: the moment of notification counts
A BAV is almost always claims-made. What counts is not when you made the mistake, but when the claim is made against you and notified to the insurer. If your policy is no longer in force at that moment, there is no cover, even though you were insured when you gave the advice.
Retroactive cover covers your past
Without retroactive cover the policy only applies to mistakes made after the commencement date. Education advice works through for a long time: advice given in the final year of primary school can only lead to a complaint once the pupil is at secondary school. Ask about the retroactive date when you apply. You must report circumstances you already know about; known circumstances are excluded.
Run-off cover on termination
If you stop, retire or move to another insurer, claims will still come in for years. Without run-off cover you face them yourself. Arrange the run-off period before you cancel. Afterwards it is often no longer available.
What is excluded
Excluded are, among others intent and wilful recklessness (Article 7:952 of the Dutch Civil Code), fines and penalty payments, and the redoing your own work: refunding fees and the cost of putting your own performance right do not fall under the cover. Liability arising from warranties or promises that go beyond the professional standard is also excluded.
What does your premium depend on?
- Annual turnover: the usual basis for advisory work
- Nature of the assignments: advice, research or interim work weigh differently
- Number of advisers and hired-in staff: including self-employed contractors working under your name
- Sum insured: per claim and capped per insurance year
- Retroactive period: the further back, the higher the premium
- Excess per claim: a higher excess brings the premium down
Insurers weigh these details differently. That is where your saving is.
What falls under which policy
| Situation | AVB | BAV |
|---|---|---|
| Advice on progression based on outdated test data, so that a pupil has to repeat a year | No | Yes |
| A grant application your firm submitted too late and which was therefore refused | No | Yes |
| A participant trips over your projector cable during a training day at a school | Yes | No |
| A laptop borrowed from the school that falls off the table during your research | Provided that | No |
| The legal costs of defending yourself against a school board challenging your report | No | Yes |
| Refunding your fee because the board is dissatisfied with the report | No | No |
The AVB covers injury and damage to property on site, the BAV the financial detriment arising from your advice; damage to borrowed property calls for separate care, custody and control cover.
Frequently asked questions
This is what people ask us most.
What exactly is pure financial loss?
Financial detriment that does not arise from injury or from damage to property. A school that has to repay a grant because of an incorrect report suffers pure financial loss. Nothing is broken and no one is injured, only money has gone. The AVB excludes this type of loss. The BAV is intended precisely for it. That distinction determines which policy a claim lands on.
Do I need an AVB as well as a BAV?
In reality, yes. As soon as you visit schools, bring materials with you or give training, there is a chance of damage to property and injury. That falls outside the cover on the BAV. The AVB covers that part, the BAV the advisory work. Insurers often offer the combination as a package.
I suspect a mistake, but there is no claim yet. What now?
Report the circumstance to the insurer at once. Under a claims-made policy, notifying a circumstance fixes the insurance year, even if the claim only follows later. Article 7:941 of the Dutch Civil Code also requires you to report as soon as you are reasonably aware. Admit no liability and make no promise to the client before the insurer has responded.
Is the cost of putting my own advice right covered?
No. Redoing your own work, refunding your fee and the time you spend on it fall outside the cover. What is insured is the loss your client suffers as a result, not your own performance. Defence costs are usually covered, but generally within the sum insured; check that in the conditions.
Every situation is different. For these situations we have a separate page.
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