Policyholder’s duty to disclose information versus policyholder’s interests in commercial and industrial confidentiality

Wednesday, August 7, 2013 Veröffentlichungen

Article by Dr. Fabian Herdter in Versicherungspraxis 08/2013

After the occurrence of an insured event, D&O insurers often insist on the duty to disclose information and to provide documents in order to force the policyholder to disclose full information. This concerns even such information that is not relevant for the insured event and which should not be disclosed to the public or to competitors.

In this context, the question raises how executives can meet their corporate confidentiality obligations without breaching the duty to disclose information towards the insurer.


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