The “should have known” of breaches of duty within the context of retroactive insurance

Friday, March 13, 2015 Veröffentlichungen

Article by Dr. Fabian Herdter in Versicherungspraxis 03/2015 

In its judgement of 5 November 2014, the Federal Court of Justice handed down requirements for the policyholder’s resp. insured person’s knowledge about precontractual breaches of duties which are essential for releasing the insurer from his insurance obligations.

In this article, Fabian Herdter classifies the judgment to be a part of the German retroactive insurance system as well as its impacts on the D&O insurance.


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