Versicherungslösungen für den D&O-Selbstbehalt

Aufsatz von Dr. Stefan Steinkühler in Handelsblatt Veranstaltungen, Newsletter 1/2010

19.01.10
Compliance and Risk Management - Consequences and implications resulting from the Federal Court of Justice decision of July 17th 2009

Article by Dr. Mark Wilhelm in Versicherungspraxis 01/2010

18.01.10
Prohibition to pass on provisions – scope and possibility of legal avoidance

Article by Dr. Carola Olbrich in Versicherungspraxis 12/2009

 

The idea to abolish the prohibition to pass on provisions has been discussed for a while but the prohibition remains unchanged until today. Even though the prohibition has lost some of its importance for the insurance industry, company associated insurance brokers must meet strict requirements in order to avoid the reproach of violating the prohibition. In the following, the scope of the prohibition to pass on provisions and the requirements of the Wiesbaden Association for company associated brokers are presented.

06.01.10
Federal Court of Justice (BGH): No general conditions control of clauses included

Article by Dr. Stefan Steinkühler and Dr. Daniel Kassing in Versicherungspraxis 11/2009

 

According to a decision of the Federal Court of Justice (BGH) the insurer is not the user of general insurance conditions included into the insurance contract by an insurance broker. Dr. Stefan Steinkühler and Dr. Daniel Kassing highlight the decision's implications for the policy holder and the broker.

10.11.09
The application of Solvency II on Captives

Article by Vera Schauhoff in Versicherungspraxis 10/2009

 

On 22nd April 2009 the European Parliament passed the „guideline concerning the establishment and performance of insurance and re-insurance activity“ with a vast majority („Solvency II“), the Council for Economic Affairs and Finance accepted the agreement on 5th May 2009.

14.10.09
New VVG: The allocation of the burden of proof in case of gross negligence

Article by Dr. Daniel Kassing in Versicherungspraxis 9/2009

 

After the abandonment of the All-or-Nothing-Principle in connection with the reformation of the German Insurance Contract Act (VVG), the insurer’s indemnification will be reduced in case of gross negligence in proportion to the severity of the policy holder’s default. Dr. Daniel Kassing enlightens the respective allocation of the burden of proof.

22.09.09
Retention in the D&O-insurance: legal revision leaves many questions unanswered

On August 5th, 2009, the „Law about the adequacy of salaries for board members“ (VorstAG) came into effect. The regulations therein about the retention in the D&O-insurance leave several questions unanswered. Dr. Carola Olbrich and Dr. Daniel Kassing are dealing with these questions.

12.08.09

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