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Portrait ofBas Baks

Bas Baks

Partner
Advocaat | Co-Head of the CMS Insurance Group

Contact
CMS Derks Star Busmann
Atrium - Parnassusweg 737
1077 DG Amsterdam
PO Box 94700
1090 GS Amsterdam
Netherlands
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, 2023, Bas Baks is ranked Leading Individual
  • The Legal 500 EMEA, 2023, Bas Baks is Recommended
  • Who's Who Legal, 2023, Global Leader Insurance & Reinsurance
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Education

  • Commerce and Liability, Grotius Academy for Post-Graduate Law Studies
  • Dutch Law, Utrecht University
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Feed

08/05/2024
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.
27/03/2024
CMS ranked in the Legal 500 EMEA 2024
The latest rankings of the Legal 500 Europe, Middle East & Africa (EMEA) are out. We would like to thank our clients for their trust in us and their feedback. Our lawyers are described as 'personal...
14/03/2024
CMS rankings in Chambers Europe 2024
The latest Chambers Europe rankings are out now. We are pleased to announce that CMS in the Netherlands has yet again earned excellent rankings. We thank our clients for putting their trust in us and...
21/02/2024
CMS Insurance - Hoge Raad Alert: Februari 2024
De Hoge Raad der Nederlanden (Hoge Raad) is de hoogste rechter in Nederland in civiele zaken, strafzaken en belastingzaken. Dat betekent dat de Hoge Raad beoordeelt of een lagere rechter (recht­bank/gerecht­shof) bij een uitspraak het recht juist heeft toegepast en of de procedure juist is gevolgd. De arresten die de Hoge Raad wijst hebben veelal dan ook een grote impact op de juridische praktijk. In de CMS Insurance – Hoge Raad Alert signaleren wij alle voor de verzeker­ing­s­rechtelijke praktijk relevante arresten. Dit doen wij door middel van een korte situ­atiebes­chrijv­ing, de beslissing die de Hoge Raad hierin heeft genomen en een link naar de uitspraak zelf. Hiermee bent u altijd up-to-date en bij vragen kunt u gerust contact opnemen met onze advocaten.
29/11/2023
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...
12/10/2023
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...
25/07/2023
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...
19/05/2023
Ten things every insurer should know
The insurance industry is a major component of the global economy, operating internationally, to protect people and businesses against a wide range of risks. Establishing and operating an insurance business...
12/04/2023
CMS ranked in the new Legal 500 EMEA
The latest rankings of the Legal 500 Europe, Middle East & Africa (EMEA) are out. We would like to thank our clients for their trust in us and their feedback. Our lawyers are described as 'personal, professional...
16/03/2023
Rankings Chambers Europe 2023 released
The latest Chambers Europe rankings are out now. We thank our clients for putting their trust in us and giving their feed­back. The following practice area groups from CMS in the Netherlands have been...
18/10/2022
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...
29/06/2022
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...