Portrait ofBas Baks

Bas Baks

Advocaat | Co-Head of the CMS Insurance Group

CMS Derks Star Busmann
Atrium - Parnassusweg 737
1077 DG Amsterdam
PO Box 94700
1090 GS Amsterdam
Languages German, English, Dutch

Bas Baks is a partner in our Insurance & Litigation Practice Group. He specialises in insurance and liability matters, with an emphasis on claims in relation to construction related matters and D&O. ​

Bas has experience in various areas of professional liability and product liability (recall, notifying food authorities, recovery). He has experience in advising and litigating on coverage issues, in which capacity he has represented various international insurance companies and multinationals.​

In addition to litigating in civil courts, he has experience in arbitration, including the Arbitration Board for the Building Industry and the NAI. He has also been deputy registrar to the Dutch Board of Discipline.​

Bas has been a practising lawyer since 2000. He started out with a large law firm in Rotterdam, then later gained valuable experience as in-house counsel for a multinational in Eindhoven. He also worked as an intern in the insurance and re-insurance business at CMS Cameron McKenna in London. In June 2009, he completed a post-graduate course in Business and Liability at the Grotius Academy.

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"Bas Baks has a sharp view and is a pleasure to work with."

Chambers Europe, 2024

"He has good technical core procedures but is also very pragmatic."

Chambers Europe, 2023

"Bas Baks, Annelies Zwart and Oskar van de Weijer – friendly, engaged, proactive in solving matters, high knowledge of the industry."

The Legal 500 EMEA, 2023

"His key strength is improvising, connecting and knowing how to get the job done."

Chambers Europe, 2022

"Pragmatic, has an eye for commercial issues and can bring the right people for a team together."

The Legal 500 EMEA, 2021

"Well experienced, realistic, pragmatic, focused on the goal of his client, and always ready to go."

Chambers Europe, 2021

Bas Baks is noted for his impressive cross-border practice, especially with London.

Chambers Europe, 2020

Relevant experience

  • Litigation on behalf of a university against (sub) contractors, car and property insurers regarding “material damage” from flooded ICT cables and resulting transmission quality issues.
  • Litigation/arbitration against employers and car insurers over disputes about defective materials/Professional Indemnity unclear designs/faulty workmanship and other related issues.
  • Litigation/arbitration in relation to coverage aspects of a number of large D&O/Professional Indemnity claims.
  • Litigation/arbitration on behalf of a construction company against car insurers regarding “material damage” caused by slags. 
  • Drafting car policies for insurance companies.
  • Advising regularly on the indemnity and insurance provisions relating to construction and PFI projects.
  • Litigation on behalf of a university on coverage issues under consequential loss cover in relation to material damage in a power plant. 
  • Ongoing advice to several insurers regarding specific questions relating to coverage under property, Professional Indemnity and car policies (e.g. exception for third-party owned property, material damage and all its sub-questions, salvage costs etc.).
  • Proceedings between various contractors and insurers in connection with liability for delayed construction projects and the underlying policy cover.
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Memberships & Roles

  • Insurance law Association
  • Lecturer Liability and Insurance Law for the Stichting Opleiding Advocaten Arrondissement Utrecht
  • Technical Insurance Professionals Club (Beurs Club Technische Verzekeringen)
  • Causarie
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Awards & Rankings

  • Chambers Europe, 2024, Ranked in Insurance
  • The Legal 500 EMEA, 2024, Bas Baks is ranked Leading Individual
  • The Legal 500 EMEA, 2024, Bas Baks is Recommended
  • Who's Who Legal, 2023, Global Leader Insurance & Reinsurance
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  • Commerce and Liability, Grotius Academy for Post-Graduate Law Studies
  • Dutch Law, Utrecht University
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2024 Insurance sector webinar programme
Notwithstanding the extraordinary times we’ve all been operating in, the insurance sector continues to deal with fast-paced changes. Insurance companies should keep up with changing regulations and market trends that will impact on their day-to-day operations and long-term business. It has become crucial for (re)insurers, brokers, their risk managers and general counsels to get the right insight and advice across a wide range of claims and coverage, and regulatory and corporate issues. To deliver the expert responses that the insurance market needs, the CMS Insurance Group has developed a comprehensive programme for 2024.
2023 Insurance sector webinar programme
Notwithstanding the extraordinary times we’ve all been operating in, the insurance sector continues to deal with fast-paced changes. Insurance companies should keep up with changing regulations and...
Dutch amendment gives insured right to premium refund despite pre-con­trac­tu­al...
As of 1 July 2023, a significant amendment has been made to Dutch insurance law in the Dutch Civil Code (DCC). In situations where the insurer is not obligated to make a payment due to pre-con­trac­tu­al...
Dutch Supreme Court provides more clarity on when the two-month period...
Relevant legal provisions and introduction Article 7:928 paragraph 1 of the Dutch Civil Code (DCC) states that prior to entering into the insurance agreement, the policyholder has an obligation to disclose...
Insurance law and regulation in the Netherlands
1. Introduction Under Dutch law, the parties that have rights under a contract are those that are expressly party to it. These are the policyholder and the parties entitled to coverage in accordance with...
Insurance | Claims & Coverage Insights – 2022 webinar programme
Our 2022 webinar programme aimed to help (re)insurers, brokers and risk managers deal with increasingly complex claims in an interconnected and complicated world. Access our webinar materials below. Construction...
CMS Insurance Global Brochure
In the insurance market, the best protection is experience. Navigating the legal complexities of the global insurance market takes proven insight. At CMS, many of our insurance specialists have come from...
Settlement by Insured with third party without Insurers’ prior consent...
In this Dutch case, VolkerWessels v PI-Insurers, the Court found that an Insured who entered into a settlement agreement with a third party without Insurers’ prior written consent breached policy conditions...
Insurance Insights
The insurance market is constantly evolving, so you need to stay up to date on the latest developments to anticipate and handle any potential issues and benefit from opportunities. With “Insurance Insights”...
Webinar: Brexit for Insurers
We would like to cordially invite you to our “Brexit for Insurers” webinar which will take place on 6 March at 10:00 UK / 11:00 CET. The webinar will look at the very latest Brexit developments and...
Dutch court allows Securities claims against Brazilian Petrobras and D&O's
On 1 September 2018, a Rotterdam court allowed a Dutch claim vehicle to sue the Brazilian company Petrobras, its Board of Executive Officers and its Dutch subsidiaries Petrobras Global Finance (PGF)...
Transforming Insurance
In June 2018, a number of senior figures from the insurance industry gathered for a round-table at the CMS offices to discuss the ethical and regulatory implications of the use of artificial intelligence...