Dr. David Ulrich, LL.M. (Kent)

Dr. David Ulrich advises clients on liability and insurance law.

As a cyber expert, David advises companies, particularly after cyber incidents, on the review and enforcement of insurance and damage claims. In doing so, he ensures that the claims processing facilitates insurance law regulation, that the company makes the best possible use of insurance law options under the relevant insurance policies (in particular cyber, IT, fidelity and D&O insurance) and that insurance law obligations are fulfilled. One focus here is on the extrajudicial and judicial enforcement of insurance claims after a withdrawal and/or contestation by the cyber insurer.

Another focus of his work is the civil law handling of investigation and compliance proceedings. To this end, David supports the company with specific recommendations for action in order to optimally claim the costs incurred from the relevant insurance policies (in particular D&O, legal protection and fidelity insurance). In addition, David ensures that potential insurance and liability claims are secured during the internal investigation of the facts, which is usually necessary, and then enforces these claims.

David completed his doctorate at the European University Viadrina Frankfurt (Oder) on the topic of ‘The direct claim against the D&O insurer’. He holds a Master's degree in European and International Commercial Law from the University of Kent.

• Advising and representing a healthcare provider in enforcing and securing insurance cover claims and directors' and officers' liability claims in the context of several preliminary investigations and internal compliance investigations
• Advising a broadcasting company on asserting claims under its D&O insurance ("Own Loss Clause")
• Legal representation of an industrial company in the direct enforcement of D&O insurance claims (instead of liability proceedings against the responsible manager)
• Advising an Austrian insurance company on recourse options against third parties following a major loss event
• Legal representation of several companies against their cyber insurers following hacker attacks
• Out-of-court representation of companies following cyber related loss against cyber and fidelity insurers
• Advising and representing an energy supplier in negotiations with the insurer following cable damage to an offshore wind farm
• Advising a civil engineering consortium on liability and insurance issues in connection with tunnel construction damage
• Expert review of project insurance policies

Liability

• Advising companies on options for action following financial losses and compliance incidents
• Defending companies against liability claims
• Advising on antitrust damages, competition law risks and antitrust compliance
• Defending and claiming damages from managers
• Securing liability claims during internal investigations
• Securing recourse claims in the event of cyber attacks

Insurance

• Enforcement of costs incurred in connection with preliminary investigations, in particular coverage claims against criminal defence insurers and D&O insurers
• Compensation for major losses through respective insurance cover
• Direct recourse to the D&O insurer (instead of liability proceedings against the responsible manager)
• Support in cases of cyber attacks and assertion of insurance claims, in particular against cyber and fidelity insurers after withdrawal/contestation
• Enforcement of claims, in particular from liability and fidelity insurance policies