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Bedrijfsrisico aansprakelijkheid farma biotech hero
Specialty Insurances
Pharma & biotech
farma & biotech

The so-called Life Sciences make an important contribution to the quality of health and prosperity. The Corona crisis also highlights to outsiders the complexity of the matter and the risks involved. The stakes are high, ethical boundaries are stretched and the law is strict.

For life science organisations, the danger can come from several sides: from research and development to clinical trials and the production and sale of their products. Given the stakes and huge sums involved, the liability risks for these companies are high.

With specialised liability insurance through Blue Risk, you have the assurance that you are optimally prepared for all situations.

Life science verzekering
  • Bodily injury and property damage (Corporate Liabily Insurance), including product and employer liability.
  • Legal defence costst and legal aid
  • Environmental damage
  • Intellectual property infringement
  • Loss of documents
  • Prior Acts Coverage and Extended Reporting Period.
  • Recall
  • Subject research, so-called Human Clinical Trials, with issuance of local policies and certificates worldwide in accordance with local laws and regulations.
  • Intent
  • Damage caused by specifically named materials, products or diseases
  • Unapproved products
  • Medical errors
  • Damage during trade fairs and exhibitions
  • Liability increasing clauses
  • Damage with or by motor vehicles

Blue Risk has a special liability insurance for companies active in pharmaceuticals, biotech, medical industry and laboratories. Think of developers, consultants, manufacturers and suppliers of medical equipment and instruments (devices and implants), medicines and biotechnology

Please click the button below and you'll receive a quote as soon as possible.

FAQ's

Is a Professional Liability Insurance mandatory?

Professional Liability insurance is not legally required. However, there are many situations where it is useful or necessary to take out such insurance. After all, everyone can make mistakes and the damage van be (very) large. A customer, client or industry organisation may also require or demand it from you. 

Can i deviate from my Terms and Conditions?

You are not obligated to adhere to specific contract terms. Deviating from these or accepting clients' delivery terms is not a problem. You do not have to submit this to us for approval. However, we do advise you to declare the general terms and conditions wherever possible, as it limits your liability towards third parties.

What does the "insured capacity" mean?

The insured capacity indicates what kind of activities you perform. The insurer estimates the risk based on this capacity and could exclude activities in the event of a claim if they were not aware of these. It is very important that the insured capacity is defined in such a way that it covers all activites. Make the description as broad as possible and check this capacity yearly.

Does this insurance provide cover in the US and Canada?

No. Claims filed in the United States and/or Canada (or based on the law of these countries) are excluded. Insurers do not provide this coverage as standard beacause the damage amouts and legal assistance there are much higher than here. In some cases, we have coverage for this exclusion and can provide coverage for this jurisdiction as well.

What does does Prior Acts Coverage and Extended Reporting Period mean?
Prior Acts Coverage

This is damage whose cause predates the start of the insurance, but is discovered during the policy period. This so-called inherent risk is not covered by default, but can sometimes be purchased for an additional period. This allows you to insure yourself against damages that are not yet know, but could potentially arise. 

Extende Reporting Period (ERP)

The opposite of Prior Acts Coverage: damage that manifests after the insured period has expired, but whose cause falls withing that period. Again, you can insure against this ERP cover for a number of years. This is often offered by insurers after termination.

My company is being held liable. What now?

As soon as you are found liable, you should report it to us. We advise you not to admit liability immediately, but to submit it to the insurer first. 

Does Blue Risk advise on other insurances?

Absolutely. We are specialists in complex risks, but are happy to help you protect against some of the more mundane corporate risks. Think of corporate insurance for buildings, inventory, transport, business damage, accidents and corporate travel and employee insurance. 

We don't advise on pension and other life insurances. 

How do the insurers differ?

Differences are based on:

  • Combined cover with other policies (e.g. Cyber, Corporate Liability, Transport)
  • Prior Acts Coverage and Extended Reporting Period
  • Rescue costs and recall
  • Infringement of intellectual property rights
Is there also coverage for cyber damage or a data breach of personal data?

Yes, this is possible but not every insurer offers this as standard. You can also take out seperate, additional cyber insurance. That way you are covered for you own losses and have access to a team of crisis management specialist.

Are medical errors covered as well?

No, a medical treatment or service is not covered.

Can you give an example of a claim?

Patients at a hospital who were examined with an endoscope whose tubing was badly disinfected are living in uncertainty for months to come about possible HIV or hepatitis infection. The case involves 100 patients who underwent keyhole examinations at the hospital over the course of two months. People are holding the disinfection equipment supplier liable for the damage.

The supplier has advised other hospitals to stop using this equipment until it is clear what went wrong. It could be that the hoses slipped off the machine during cleaning, resulting in the endoscopes not being fully cleaned. Further investigation revealed that the decontamination machines had a technical defect that may have prevented the hoses from being cleaned properly. The defect was not known because the machines at the hospital are the first of this type in the Netherlands.

The Healthcare Inspectorate is surprised by the incident at the hospital, but does state that this kind of incident has occurred before. ‘You cannot be ahead of these kinds of incidents. We warned a lot, but sometimes things still go wrong,’ said an Inspectorate spokesperson.

blue risk

Blue Risk Specialty Insurances helps businesses, entrepreneurs, and directors manage their risks so they can operate more freely and effectively.

Contact

Het Industriegebouw
Goudsesingel 136, unit 3.04
3011 KD Rotterdam
The Netherlands

+31 (0)10 311 00 19

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