Liability

“Advice and litigation in cases involving material damage, financial loss and personal injury.”

The sphere of activity of the Liability team of Kennedy Van der Laan is broad and diverse. Our attorneys advise their clients and litigate for them on liability in cases involving material damage, financial loss and personal injury.

Technical Damage, Professional Liability and Personal Injuries

The team specializes in the handling of large and complex technical damage claims, including damage caused by construction activities, product recalls and fire. Besides, all attorneys together have more than 25 years’ experience in the field of professional liability – ranging from liability of traditional professionals like attorneys and civil-law notaries to that of accountants, engineers and architects – and they regularly represent directors who are taken to court in D&O cases. The team is traditionally strong in handling complicated personal injury claims, and in the past years it has also seen considerable growth in medical liability and health law claims.

Personal Contact with Clients

Our clients include national and international insurance companies active in the Netherlands, intermediaries, brokers, insurance pools, loss adjustment agencies and agents. In addition, the team regularly assists multinationals, hospitals, lower public authorities and other government bodies.

The team likes to keep the contact with its clients close, direct and personal, and thinks that an open and dynamic collaboration is valuable and useful. The same goes for our strong ties with the academic world. Several attorneys in the Liability team are also members of the Litigation team. This combination of factors guarantees the best possible result in any (conflict) situation.

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.

Notable practitioners 

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.

Notable practitioners 

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

Erik van Orsouw, Chris van Dijk and Peter van den Broek at Kennedy Van der Laan are material damages experts and ‘leading liability insurance specialists’. Clients include AIG and Zurich.


 

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’.

New State of Affairs in Investment-Linked Insurance File: Courts and Kifid on a Different Course

Almost two years ago I published an article here about the state of affairs after the judgment of the ECJ (NN/Van Leeuwen) around investment-linked...

28 august 2017 

The Legal 500 Rankings 2017

The Legal 500 has published its rankings for 2017. On the basis of annual extensive research on the market and among clients, The Legal 500 compiles...

13 april 2017 

Chambers and Partners Europe Rankings 2017

Chambers and Partners has published its rankings for 2017. On the basis of annual extensive research on the market and among clients, Chambers and...

13 april 2017 

Kennedy Van der Laan Only Non-British Firm Nominated for The Lawyer Business Leadership Awards 2016

Today, it was announced that Kennedy Van der Laan has been nominated for The Lawyer Business Leadership Awards 2016. With its ‘Alliance Community...

27 june 2016 

Substantiation of Directors' and Officers' Liability: Right to Inspect Accounts of Bankrupt Company?

On 8 April 2016 the Dutch Supreme Court held that a creditor of a bankrupt company did not have the right to inspect – pursuant to Section 3:15j...

19 april 2016 

Kennedy Van der Laan Strengthens its Banking & Finance and Insurance & Liability Teams

This month personal injury attorney Daniëlle van den Dungen started working at Kennedy Van der Laan. One month earlier, attorney Floortje van Buchem...

07 april 2016 

A data breach! What to do?

Kennedy Van der Laan's answer is the Data Breach Quickscan You may not be aware of it, but every day your organization runs a big risk of causing a...

15 march 2016 

KVdL Guide: Food Recall. How to act in case of unsafe food?

How to act in case of unsafe  food? Food that is placed on the market, must comply with the applicable food safety requirements. If this is...

01 march 2016 

KVdL Guide: Non-Food Recall. How to act in case of unsafe products?

How to act in case of unsafe  products? Products that are place on the market must be safe. If this is not the case, the product concerned must...

01 march 2016 

Jan Broekhuizen Financial Regulatory Partner at Kennedy Van der Laan

On 1 June 2015, Jan Broekhuizen will become a partner at Kennedy Van der Laan. The financial regulatory expert will be a member of the Banking &...

21 may 2015 

The Legal 500 rankings 2015

The Legal 500 has published its rankings for 2015. On the basis of annual extensive research on the market and among clients, The Legal 500 compiles...

16 april 2015 

Act for the Compensation of Loss and Damages Arising from Unlawful Decisions Adopted

On 29 January 2013, the Dutch Senate adopted the Act for the Compensation of Loss and Damages for Unlawful Decisions. The Act provides for a...

22 april 2013 

Kennedy Van der Laan Strengthens Insurance and Liability Law Group with the Appointment of Peter van den Broek as Partner

AMSTERDAM, 10 January 2013 – Kennedy Van der Laan appointed Peter van den Broek as partner on 1 January 2013. Peter is working in the Insurance and...

10 january 2013 

External Directors' and Officers' Liability Possible Even If Director Cannot Be Seriously Blamed

Supreme Court, 23 November 2012, LJN BV588 (Van de Riet/Hoffman et al.) On 23 November 2012, the Supreme Court gave an important ruling in the...

17 december 2012 

Attention All Directors and Supervisory Directors: Management and Supervision Act In Force on 1 January 2013!

The Management and Supervision Act ("the Act") will enter into force on 1 January 2013. As a result, the legal position of a director under the...

29 october 2012 

Liability in Rental Law

In rental law (both for residential accommodations and business premises) “a defect” is a key concept. In principle, if there is a defect, the...

21 august 2012 

Liability Risk for Directors in the Event of Interim Distributions to Shareholders

Court of Amsterdam 21 April 2010 (Kemp in his capacity as such/Idee et al.) Distributions of Profits Dutch companies, private limited companies...

28 march 2011 

Directors’ and Officers’ Liability for Late Registration in the Trade Register

Supreme Court, 28 January 2011, RvdW 2011/171 Pursuant to Section 2:180 (2) of the Dutch Civil Code (“DCC”), directors are jointly and...

28 march 2011 

Liability of the Employer for Consequences of Longer Workweek than 40

Court of Appeal of Den Bosch, 9 November 2010, JAR 2011/41 Employer's Duty of Care An employer has a duty of care to ensure the safety of the...

24 february 2011 

Expiry Periods Sometimes Not Binding

Arbitration Board (Raad van Arbitrage voor de Bouw) 16 March 2010, TBR 2010/134 Expiry Periods Sometimes Not Actually Binding Many general terms...

28 october 2010 

Discharge has no effect on facts not apparent from annual accounts

HR 25 June 2010, LJN BM 2332 The Facts In 1975, the claimant and his spouse incorporated BVA, of which company the claimant was the sole director....

28 october 2010 

Compensation by Employer of Costs Incurred by Works Council

A discussion of the judgment of the Court of The Hague, 27 January 2010, JAR 2010/86 Compensation of Costs of the Works Council In order to ensure...

29 april 2010 

Liability Tournament Leaders of a Karting Race

Court of Appeal of The Hague 19 January 2010, LJN BL0046 This judgment of the Court of Appeal of The Hague of 19 January 2010 emphasizes that...

29 march 2010 

Employer's Liability for Traffic Accidents

A discussion of Supreme Court 12 December 2008, LJN: BD3129 Employer's Liability for Traffic Accidents Pursuant to Dutch Law Pursuant to Section...

30 january 2009 

Relationship Temp Agency and Recipient in the Event of Damage Caused by Temps

If temps cause damage to the recipient by a faulty performance of their work, the question arises whether the temp agency is responsible for such...

24 october 2007 

Directors' Liability and Indemnification

A Global Guide Directors' liability is an increasing concern in boardrooms. Following two decades of high-profile corporate failures in Europe and...

01 january 2007 

Product liability for software

Consideration of liablility for information products This doctoral thesis addresses the question of whether product liability rules can be applied...

01 january 1995 
Chris van Dijk

Chris van Dijk

Attorney at law, Mediator, Partner

  • Chris van Dijk https://kvdl.com/our-people/chris-van-dijk/ Attorney at law, Mediator, Partner +31 20 5506 661 chris.van.dijk@kvdl.com http://nl.linkedin.com/pub/chris-van-dijk/9/b06/b57
  • Frits van der Woude https://kvdl.com/our-people/frits-van-der-woude/ Attorney at law, Mediator, Partner +31 20 5506 879 frits.van.der.woude@kvdl.com nl.linkedin.com/pub/frits-van-der-woude/1a/542/195
  • Erik van Orsouw https://kvdl.com/our-people/erik-van-orsouw/ Attorney at law, Partner +31 20 5506 878 erik.van.orsouw@kvdl.com http://nl.linkedin.com/pub/erik-van-orsouw/2a/883/7b7
  • Peter van den Broek https://kvdl.com/our-people/peter-van-den-broek/ Attorney at law, Partner +31 20 5506 669 peter.van.den.broek@kvdl.com http://www.linkedin.com/pub/peter-van-den-broek/6/84/259