Exclusions in which liability insurance does not cover damage

Public liability insurance (AVP) is not a requirement by law, but it is advisable in many cases. This type of insurance covers damage that has been caused by you, to another private person, and for which you are held liable by the law.

What are AVP exclusions?

There are some cases where liability insurance does not cover damages. Your AVP agreement will detail the exact things you are covered for. Intent is also excluded from insurance. Below are the most common liability insurance exclusions:

• Motor vehicles – third-party liability car insurance (WA) is the mandatory cover in the Netherlands that covers accidents involving motor vehicles and is not included in your AVP.

• Vessels – there is also an exception for vessels, with damage caused with or by a vehicle is not insured if it is in the hands of the insured or co-insured.

• Aircraft - in general, liability insurance does not cover damage caused with or by an aircraft. There are a few exceptions, for example if you are on board as a passenger, or if you fly a model airplane or a cable kite, up to a certain weight and up to a certain size.

• Rental – insured parties are not covered on property damaged that comes under hire, hire purchase, lease, tenancy, or pledge agreements.

• Business – items that are used for business or professional services are also not reimbursed, as there is separate insurance for this.

• Hunting risk – there is no cover for damage relating to the possession and use of a weapon during a hunting session.

• Weapons - weapons are rarely allowed in the Netherlands. Therefore, damage caused by a weapon cannot be covered by an insurer. Prohibited possession and use of a weapon is excluded from any insurance. This is described in the Weapons and Ammunition Act.

• Sexual behaviours - insurers are bound by the law and therefore liability insurance does not cover liability for damage caused by sexual or sexually suggestive conduct, regardless of its nature.

• Intent – damage caused by intent will not be reimbursed. Not even if it was caused by rowdiness in a group. If alcohol or other narcotics were involved, this is also excluded from the insurance .

• Other exclusions - there are other exceptions, such as for children under the age of 14, some situations like fire and water damage, and an incident such as joyriding is only sometimes reimbursed.

Exclusions from other liability insurance policies

In addition to the AVP, there are other liability insurance policies with their own exclusions. For example, third-party insurance only covers damage caused by a motor vehicle, and not damage caused by a boat or plane, for example. With professional liability insurance, on the other hand, the insured is not covered against damage caused by non-compliance with a contractual obligation.