D&O Liability and Insurance

When damages are brought against former managers, a functioning D&O insurance policy is crucial. We help to avoid pitfalls and realise claims.

Contact

disputes@wilhelm-rae.de

+49 (0)211 6877460

How we support you

When a company suffers financial loss, it is often obvious that the (former) management is liable. However, only D&O insurance cover gives claims a value – and secures the existence of the decision-makers concerned. It is therefore important to keep an eye on both issues at the same time.

Our liability law advice:

Checking possible claims for damages against former or current managing directors/board members under German corporate law
Strategy development for a fair balance of interests between the parties
Representing the company / the manager concerned in the liability dispute
Advising the management board on liability prevention

Our insurance law advice

Assessment of the D&O insurance cover at hand
Asserting insurance claims for insured persons or – after assignment of claims – for the company
Advising on D&O policies

In addition to defending against civil law claims, we often also represent decision-makers in criminal defence in the same context.

What we achieve for you

Manager liability cases are a burden for all parties involved. Sometimes the reputation of the company and the individuals involved can suffer.

Our goals are:

Quick, discreet and comprehensive resolution of the liability dispute
Compensation for the company, in particular from D&O cover

"Particularly the firm's expertise in D&O matters and related liability questions is impressive."

Client feedback, The Legal 500

Case closed:
Successful representation of a DAX manager

The case

Our client was a member of the management board of Arcandor AG and managing director of an Arcandor subsidiary when the DAX-listed group had to file for insolvency. Some time later, the insolvency administrator claimed damages in the tens of millions from former board members – including our client.

The dispute

With our help, the former board member defended himself against the unjustified claims for damages. At the same time, however, a dispute with the D&O insurer arose. The insurer only wanted to cover part of the costs of the insured's defence. Our client now had to fight on several fronts.

The result

We filed a coverage claim against the D&O insurer, which brought the insurer back to the negotiating table and ultimately led to a settlement of the dispute about insurance cover.

We were able to fend off the insolvency administrator's million-euro claim against our client in the second instance, so that our client was able to devote himself to new challenges unencumbered.