Liability
- AVB: injury and property damage, often 2.5 million per claim
- BAV: financial loss from a professional error, premium based on turnover
- BTA: private assets of directors, internal and external claims
General, professional, directors' and cyber liability each cover a different kind of loss; the boundaries between them determine which policy pays when a claim comes in.
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Business liability is not a single insurance policy but a family of four policies, each covering its own type of loss. Business liability insurance (AVB) covers injury and property damage that your company, your staff or your product causes to others, including employer's liability under Article 7:658 of the Dutch Civil Code (BW) and product liability. A sum insured of 2,500,000 euros per claim is the usual minimum for SMEs; anything above that, the company pays itself.
Professional indemnity insurance (BAV) covers pure financial loss caused by an error in advice, design or calculation: nothing breaks, nobody is injured, but the client suffers a financial loss. The premium follows turnover and profession, and not every profession can be insured with every insurer. Directors' and officers' liability insurance (BTA) protects the private assets of directors and supervisory board members against claims about their management, internally from their own legal entity and externally from a liquidator, the tax authorities or creditors. Cyber insurance covers your own recovery costs and liability after a hack or data breach.
Unlike our page for the self-employed (zzp), where the choice between AVB and BAV for one person is the issue, for a company with staff or a private limited company (bv) it is about how the policies fit together: who is insured, which policy covers the gap between the others, and whether the exclusions for intent, fines and penalty payments line up. We put the policies side by side and make sure the transitions are right.
We compare your personal liability insurance (AVP) across dozens of insurers, explain where the real differences lie, and arrange the switch from start to finish — without you having to chase it yourself.
Personal liability insurance (AVP)
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Get coveredWhich types you need depends on whether your losses are mainly physical or financial, whether you have directors who can be held personally liable and how dependent you are on IT.
Three policies for loss caused to others: physical (AVB), financial (BAV) and management (BTA), each with its own insureds and its own limit.
Where liability touches your own business assets: property in your care, data and downtime after an incident.
Employer's liability belongs to the AVB (7:658 BW), but good employership and road traffic call for additional cover.
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.
Insurers weigh these details differently. That is where your saving is.
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The most important boundaries between the types of liability insurance, with the situations in which they become visible.
A removal firm drops a television: property damage, the AVB pays. An accountant delivers annual accounts with a calculation error that results in a fine and additional tax assessment for the client: pure financial loss, only the BAV pays. An installer who sizes a heat pump incorrectly is on the boundary: the higher energy costs are financial loss, a burst pipe caused by the error is property damage. Companies doing both practical and advisory work therefore need both policies, preferably with an agreement on who handles a mixed claim. The AVB sometimes has a section for financial loss linked to property damage, but rarely for a standalone advisory error.
The AVB excludes damage to property you have in your care in order to work on it, transport it or store it. A mechanic who damages the machine he is working on, or a cleaning company that discolours a client's floor, falls outside cover as standard. Care, custody and control cover (opzichtdekking) can insure this, but with a sublimit much lower than the sum insured; in policies for the self-employed we see, for example, 25,000 euros per event and 50,000 euros per year. Repairing your own defective work is never covered; in construction, CAR insurance (contractors' all risks) exists for that. If you work with valuable items belonging to customers, such as cars, machinery or art, the level of the care, custody and control limit deserves attention.
An AVB and a BAV cover the liability of the legal entity. If a director is held personally liable, those policies do not help. That happens more often than you might think: a liquidator who alleges manifestly improper management after bankruptcy (Article 2:248 BW), the Tax Administration finding that inability to pay was not reported within two weeks (Article 36 of the Invorderingswet, the Tax Collection Act), or an association whose members accuse the board of making an advance payment to a contractor that went bankrupt. The BTA covers defence costs and damages, even where a claim proves unfounded, and usually includes retroactive cover for errors from previous years. For smaller private limited companies and foundations, the entire management is often insured under one policy.
A ransomware attack shuts down your systems, customer data leaks and you must report the data breach to the Autoriteit Persoonsgegevens (the Dutch Data Protection Authority) within 72 hours. The AVB does not cover a data breach, because there is no property damage or injury. The BAV sometimes covers liability towards customers, but not your own costs of forensic investigation, system recovery, notifications to those affected and loss of turnover during downtime. Cyber insurance covers both sides and usually offers an incident response team that starts within hours. Compare the data breach provisions of the BAV and the cyber policy and make one policy primary, so that two insurers do not point at each other in the event of an incident.
Questions business owners ask us about the types of liability insurance.
Every business that works off its own premises, receives customers or supplies products needs an AVB; that is also what clients and landlords almost always ask for. If you advise, design or calculate for clients, the BAV is added. If you have a private limited company, foundation or association with several directors, the BTA is the third layer. Cyber insurance makes sense as soon as you manage customer data or run a webshop.
By law only for certain professions: lawyers, civil-law notaries, accountants, financial advisers with an AFM licence and administrators must have professional indemnity insurance. There is no legal obligation for the AVB and the BTA. In practice, however, clients' purchasing conditions, trade associations and landlords do require proof of insurance with a minimum amount, often 1,250,000 or 2,500,000 euros per claim. Without a policy, the company bears every claim itself.
That is possible through a business package, and the advantage is that the exclusions are aligned and there is no dispute between insurers in the event of a claim. Even so, the best BAV or cyber policy for your profession is not always available from the same insurer as the most competitive AVB; some insurers do not accept certain professions or apply turnover limits. We compare by type and make sure the policies fit together without gaps.
That differs by type and sector. As an indication, an AVB for an office-based sole trader often costs between 10 and 25 euros a month; for a contractor with staff it rises to hundreds or thousands of euros a year. A BAV for an adviser is often between 30 and 100 euros a month, depending on turnover and profession. A BTA for a small private limited company generally starts at a few hundred euros a year. Sum insured, excess and claims history determine the outcome.
Every situation is different. For these situations we have a separate page.
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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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This page was compiled by Finass Verzekert (LinkedIn). Last updated on .
The information on this page is general in nature and is not personal advice.
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