Professional indemnity insurance (BAV) for a remedial teaching practice
As soon as you work with more than one specialist, every complaint comes in to the practice. Even if the mistake was made by a hired-in colleague who now works elsewhere.
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In brief
The practice concludes the agreement, so the practice carries the risk. For mistakes by everyone you use in carrying out the work you are liable to your client as if you had made them yourself. That follows from Article 6:76 of the Dutch Civil Code. It makes no difference whether the specialist was on the payroll, hired in as a self-employed professional or on a placement. The loss you pay is pure financial loss: assessment costs, remedial support, a lost school year.
So the first thing to look up in the conditions is the group of insured persons. If it says only 'the policyholder and his employees', a hired-in self-employed professional falls outside it and the insurer can refuse a claim about his file. If you work with a regular pool of self-employed professionals, have them included or set out in the contract that they maintain their own professional indemnity insurance with comparable conditions, and ask for the policy schedule each year.
Also watch what your clients require. Regional partnerships, school boards and local authorities set conditions in their framework and purchasing agreements about the sum insured, the run-off period and sometimes about an obligation to report a claim within a certain period. If you accept liability there that goes beyond the law, that is liability accepted under contract and it falls outside the cover. Damage to rented premises or injury to a pupil belongs on a public and employers' liability insurance.
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
In a practice with several specialists the risk lies mainly in the organisation, not in the individual lesson.
Who counts as an insured person?
Go through the definition word for word. Does it also cover interns, casual staff, volunteers and former employees for work they did during their employment? That last is decisive, because complaints about support work rarely come in while the person concerned is still employed.
Hired-in specialists and their own policy
Two policies on one loss lead to a discussion about the contribution clause; no policy at all with the self-employed professional leads to a recovery claim that cannot be enforced. Settle in advance which of the two takes the lead, record it in the contract for services and check whether the self-employed professional's business activity covers the work he does for you.
What tenders and framework contracts require
Engagements through a local authority or regional partnership often contain a compulsory run-off period after the contract ends. If you cancel your policy as soon as the contract ends, you breach that agreement and face claims coming in afterwards yourself. Go through the insurance paragraph before you tender.
Exclusions that arise in a practice
The policy does not pay for intent and wilful recklessness (Article 7:952 of the Dutch Civil Code), nor for fines and penalty payments, nor for carrying out your own support work again including refunding fees, nor for work outside the stated professional capacity, such as assessment or treatment for which a behavioural specialist is needed.
What does your premium depend on?
- Annual turnover of the practice: including turnover generated through hired-in specialists
- Number of supervisors: employees and regular hired-in staff both count
- Type of clients: private parents, schools or local authorities
- Sum insured: per claim and per insurance year
- Retroactive date: determines how far the practice's past is included
- Claims history: earlier notifications and current circumstances
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| A pupil receives a year of spelling training when a referral for assessment was needed | No | Yes |
| A regional partnership claims the cost of a replacement programme because your reports were unusable | No | Yes |
| A complaint about a programme comes in after the specialist concerned has already left | No | Provided that |
| A specialist drives into a bike rack in the school playground with her own car | No | No |
| A pupil is injured when a cupboard in your practice room falls over | Yes | No |
| A school withholds an invoice because the programme was not completed | No | No |
Motor claims and payment disputes fall outside both policies. For those you need motor insurance and your own terms.
Frequently asked questions
This is what people ask us most.
A former member of staff made the mistake. Who is sued?
The practice, because it is the contracting party of the parent or the school. Whether the person concerned still works for you is irrelevant to that. So check whether the class of insured persons covers former employees for work during their employment. If it does not, the claim is formally directed at a person who is not insured and room for argument arises.
We are taking over another remedial teaching practice. Is the past included?
Only if you arrange it expressly. Claims about the acquired practice's files come to you after the acquisition, while your own retroactive date does not cover them. Discuss when you apply whether the insurer will include the acquired activities with retrospective effect, or have the seller take out a run-off policy. Arrange this before the transfer date.
Do we need business liability insurance as well as the BAV?
In reality, yes. As soon as children come to your premises, you take materials to a school or you rent a room, there is a chance of injury and damage to property. That type of loss is excluded on the BAV. If you have staff, the employer's liability in Article 7:658 of the Dutch Civil Code is added, which also belongs on public and employers' liability insurance.
A school lodges a complaint but does not name an amount. Is that already a claim?
Not yet, but it is a circumstance that can lead to a claim. Report it to the insurer at once. Article 7:941 of the Dutch Civil Code requires notification as soon as you know of such a circumstance, and on a claims-made policy the notification keeps the current insurance year open for this matter. In the meantime, make no admission on behalf of the practice.
Every situation is different. For these situations we have a separate page.
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