Directors’ and Officers’ Liability
The Directors’ and Officers’ Liability team advises and acts as a trusted advisor to companies, individual directors (and supervisory directors/supervisory authorities) and insurers in the broad field of directors’ and officers’ liability.
Our multi-disciplinary team consists of specialists in corporate law, liability law, insurance law and bankruptcy law. Combined with our broad practical experience in the roles of receiver, deputy judge, mediator, director and/or supervisor, this composition ensures legal expertise and quick responsive action.
Liability Disputes For and Against Directors
The team acts in claims for and against directors and supervisory directors in varied, including very large and complex, proceedings. In such cases directors have been held liable by the legal entity itself, or by the receiver in a bankruptcy, or by individual creditors of the legal entity.
Advice on Directors’ and Officers’ Liability
Director’s and Officer’s Liability Insurances
The team is closely involved in various policy and coverage issues relating to director’s and officer’s liability insurances and in assessing the policy conditions for directors’ and supervisory directors’ insurances, for example on instructions of insurers.
Chambers Europe 2017 – Insurance – Band 2
What the team is known for Established name in the insurance market which is traditionally known for its strength in claims. Covers the full scope of insurance services, with expertise in D&O and professional indemnity claims, product recall, as well as personal injury claims among other areas. Actively involved in W&I insurance, including policy drafting. Especially strong expertise in the ICT sector.
Strengths Clients mention the skilfulness of Kennedy Van der Laan lawyers: “It is a very skilled team with leading specialists in their market. The quality is high and consistent. They are flexible and know our interests.”
Another client compliments the team: “What I appreciate the most is that they treat me on an equal level, being more like sparring partners than lawyers who try to educate me,” adding: “Kennedy Van der Laan understands the position of the insurer.”
Value for money Client consensus is that the firm is good value for money: “They can do it very well for reasonable fees, which is also one of the reasons I chose them.”
Work highlights Represented Delta Lloyd before the Dutch Supreme Court in relation to the question of whether strict liability for possession of animals applies between co-owners.
Significant clients Zurich, CNA, Hiscox, Liberty, AON.
Frits Van der Woude is a distinguished insurance practitioner, representing clients in D&O issues and professional liability for lawyers. One source says: “He is really reliable. I could call him in the middle of the night and he would help me.”
Chris Van Dijk is “one of the leading figures in the personal injury sector.” He focuses on employers’ liability, medical malpractice and large damages claims.
Erik van Orsouw assists clients from the construction and engineering sectors, particularly with regard to professional liability questions. According to sources, “he is skilled in general insurance matters”; they also note that he “has a good practical no-nonsense approach and sees how to resolve an issue.”
Peter van den Broek is an up-and-coming lawyer who receives strong feedback from clients and peers. He specialises in technical damages claims, as well as product recall cases, where he represents both manufacturers and insurers. Clients remark: “He is very skilled and he knows what he is talking about.” Another client adds: “Besides legal knowledge he has the relevant soft skills to partner with insurers and clients.”
Chambers Europe 2016 – Insurance – Band 2
What the team is known for Strong reputation for personal injury and technical damages claims. Advises clients on D&O liability and professional liability for accountants and notaries. Assists with policy drafting.
Strengths (Quotes mainly from clients)
“The lawyers have a good feeling for the technical aspects of a case and are open.”
What’s new? ASR and Navigators are among the firm’s newest clients.
Work highlights Advised civil law notaries on the legality of their participation in the Hema notarisservice.
Frits Van der Woude represents clients in D&O insurance and professional liability for lawyers. Sources say that he “is creative and comes up with good solutions.” He regularly advises clients from the financial sector.
Chris Van Dijk has a particular focus on medical malpractice issues and other professional indemnity mandates. He also advises clients from the manufacturing and telecommunications sectors on personal injury matters and on liability questions, including product liability.
Clients underline that Erik van Orsouw has a “good commercial feeling.” He often assists clients from the construction and engineering sectors, particularly with professional liability questions. He heads the firm’s insurance and liability department.
Significant clients AIG, Zurich, Hiscox, Liberty, Amlin.
Legal 500 EMEA 2017 – Insurance – Tier 2
Legal 500 EMEA 2016 – Insurance – Tier 2
Kennedy Van der Laan’s department is led by the ‘knowledgeable’Chris van Dijk, ‘a real authority’. The ‘pragmatic’, ‘analytical’ Frits van der Woude successfully represented HEMA and various notaries in a test case regarding the allegedly unlawful participation by civil law notaries in HEMA’s ‘notarisservice’.
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