Dr. Fabian Herdter, LL.M. Eur.

Fabian Herdter specialises in insurance, reinsurance and liability. As a partner in the firm, he heads the Liability and Financial Lines department.

His work focuses on the defence against or enforcement of claims for damages and the representation of clients in coverage disputes, in particular in the area of D&O insurance and fidelity insurance. Fabian also advises clients on the design and legal review of insurance programmes and on issues relating to the design and optimisation of group insurance policies.

Fabian completed his doctorate as a research assistant at the Institute for Insurance Law in the House of Finance at Goethe University Frankfurt am Main on the structuring of group insurance contracts. He also holds a Master's degree in European and International Business Law (LL.M. Eur.). He has lectured at the Université Lumière Lyon and the Fernuniversität Hagen.

In addition to legal market researchers such as JUVE, Chambers, and The Legal 500, Fabian is ranked among the leading figures in insurance law in Germany also by Handelsblatt (‘Best Lawyers Germany’) and Wirtschaftswoche.

D&O liability and insurance

• Assertion of directors‘ and officers’ liability claims against several managers of various medium-sized companies (e.g. from industry, sports, social services)
• Representing the managing director of a foreign subsidiary of a German chemical group in defence against claims for damages
• Defence against liability claims asserted against the former chairman of the management board in connection with the Hypo Real Estate complex
• Representing an IT group in the enforcement of D&O claims following a liability case in Malaysia
• Advising on D&O insurance issues in connection with the Wirecard complex

Fidelity insurance

• Enforcing insurance claims for an international company under the group's fidelity insurance following a ‘fake president’ fraud case
• Advising a health insurer in a case of employee criminality on liability and insurance claims

Further insurance disputes

• Representation of a German financial services provider in several disputes with the group's criminal liability insurers
• Enforcement of claims under the business closure insurance for a Japanese automotive supplier (including coordination of dispute resolution in a number of jurisdictions)

Product and business liability

• Advising a pharmaceutical company on liability insurance coverage issues in the context of a US class action lawsuit
• Expert opinion on liability coverage issues following a major fire with several fatalities in Texas
• Defending a Japanese producer in several instances against claims of a contractual partner

Liability and cover

• Advising managers and supervisory board members in the event of (imminent) claims
• Legal representation of managers and supervisory board members in liability matters
• Enforcement of coverage claims on the company side
• Defending companies against liability claims and enforcement of claims against the liability insurer
• Advising reinsurers on coverage issues and the enforcement of claims

Insurance programmes and contracts

• Review and optimisation of international group insurance programmes
• Identifying gaps in cover in layer insurance programmes
• Coordination of basic cover with the excess insurers (adjustment of insurance conditions)
• Optimisation of co-insurance solutions
• Drafting insurance and reinsurance contracts
• Review and optimisation of insurance conditions

Group insurance

• Conception of company-owned group insurance models
• Review of existing group insurance contracts (liability risks, tax aspects, optimisation options)