Subcontracting · purchasing contracts · mixed risk
Professional indemnity – Care company
A care company often provides several forms of care at once, partly as a subcontractor. When a claim arises, the question is rarely what happened but whose responsibility it fell under.
- 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: Beroepsaansprakelijkheid – Zorgbedrijf.
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
A care company that combines support, day activities, sheltered housing and community care runs two kinds of loss at once. There is the clinical risk: a medication error, inadequate supervision of a client with a known risk, an incident between clients. And there is the advisory risk: an application completed incorrectly, a missed registration for a facility or poor guidance on finances, so that a client loses income or care. The latter is pure financial loss.
Those two call for different covers. A policy that covers only injury to persons leaves the second category open. A standard form for advisory professions leaves the first open. Check on the policy schedule that both are included, and that all the forms of care you provide are described in the insured capacity. For your employees, Article 6:170 of the Dutch Civil Code applies, and for self-employed people you engage Article 6:171 of the Dutch Civil Code may apply, even where you only act as an intermediary.
The third theme lies in your contracts. Local authorities and main contractors work with purchasing conditions containing indemnity and penalty clauses. Liability you carry solely on the basis of such a clause is excluded. Allegations against the board itself, for example about the financial state of affairs, also do not belong here but on a directors' and officers' liability insurance.
This page deals with one situation. The full overview is on Compare professional indemnity insurance (BAV).
What to look out for
Four subjects that determine the cover for a mixed care company.
All forms of care on the policy schedule
If you expand into sheltered housing, youth care, forensic care or transporting clients, report that at once. An undisclosed activity can have consequences for payment under Articles 7:928 and 7:930 of the Dutch Civil Code, even for a loss that has nothing to do with it. Go through the description each year with your current list of services alongside.
Indemnities in purchasing contracts
Framework agreements with local authorities and main contractors often contain clauses under which you take on all consequential loss and indemnify the client in full. Have such clauses limited to your liability in law and to your sum insured, because anything beyond that falls outside every policy and comes directly out of your business.
Subcontractors and care providers hired in
If you work with self-employed professionals or with a subcontractor, you remain answerable to the client and the local authority. Include them in the class of insured persons or require a policy of their own with a sum insured that matches your work, and check it annually. Also record who reports an incident and who conducts the defence.
What the policy does not cover
Outside the cover are: recovery of budget after a lawfulness or substantive audit; contractual penalties and discounts; administrative fines and penalty payments from regulators; intent and wilful recklessness (Article 7:952 of the Dutch Civil Code), including misconduct by a member of staff; and claims already known when the policy started.
What does your premium depend on?
- Annual turnover and source of funding: the Wmo, the Youth Act, the Wlz and private work carry different conditions
- Number of care providers: including subcontractors and self-employed people hired in
- Forms of care: residential care and supervision weigh more heavily than community support
- Client groups: complex needs increase the risk of incidents
- Main contractor or subcontractor: determines who is approached first
- Sum insured and excess: per claim and per insurance year
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| A member of staff administers a double dose of medication and the client ends up in hospital | Yes | No |
| You complete an application for a facility incorrectly, so that a client goes without care for months | No | Yes |
| While supporting a client with his finances, arrears build up into a debt | No | Yes |
| A self-employed carer you hired leaves a client with a known risk of falling alone during a night shift | Provided that | Provided that |
| A visitor trips over a loose mat in the hall of your premises | Yes | No |
| A client is injured getting out of the minibus in which you provide transport | No | No |
Injury and property damage belong on the liability cover, financial detriment without injury on the professional indemnity cover. A care company needs both.
Frequently asked questions
This is what people ask us most.
The local authority is reclaiming budget after a lawfulness investigation. Is that covered?
No. A recovery claim is about your own entitlement to payment and not about loss you caused to someone else; no liability policy covers that. For assistance in such a dispute, look at business legal expenses insurance, and check whether disputes with public authorities and care purchasers fall within the cover.
A main contractor wants us to indemnify him without limit.
Do not sign that without amendment. Whatever you take on beyond your liability in law falls outside the policy, so you leave uninsured precisely the part you additionally take on. Propose limiting the indemnity to loss you cause yourself and to the sum insured on your policy schedule, and record the agreement in writing.
A client is injured during day activities. Which policy is that?
That is determined by the cause. If the injury is caused by a mistake in the support or the supervision, it is a professional error. If it is caused by a loose paving stone, a defective device or an unsafe room, it is a matter for public and employers' liability insurance, with Article 6:174 of the Dutch Civil Code for defective structures. Report it to both insurers as long as the cause is not established.
Do we also need directors' and officers' liability insurance?
If you are a legal entity, that is sensible. An allegation against a director of improper performance of duties runs through Article 2:9 of the Dutch Civil Code and, in an insolvency, through the directors' liability provisions of Book 2; that claim targets the director's private assets and falls outside professional indemnity insurance. They are two policies that complement each other, not alternatives.
Read more
Within Beroepsaansprakelijkheidsverzekering
- Beroepsaansprakelijkheidsverzekeringthe main page
- Beroepsaansprakelijkheidsverzekering thuiszorg
- Beroepsaansprakelijkheidsverzekering wondzorg
- Beroepsaansprakelijkheidsverzekering budgetcoaching praktijk
- Beroepsaansprakelijkheidsverzekering jeugdzorg organisatie
- Beroepsaansprakelijkheidsverzekering kraamzorg
- Beroepsaansprakelijkheidsverzekering wondverpleegkundige zzp
Similar pages
- Professional indemnity – Home care
- Professional indemnity insurance (BAV) for a budget coaching practice
- Professional indemnity insurance (BAV) for a dietetics practice
- Professional indemnity – Nurse
- Professional indemnity – Youth care organisation
- Professional indemnity insurance (BAV) for a social worker
- Professional indemnity – Wound care
- Professional indemnity insurance (BAV) for an occupational therapist