Exclusion of the D&O-retroactive-insurance only in case of positive knowledge

Tuesday, June 14, 2011 Veröffentlichungen

Article by Dr. Anja Mayer in Versicherungspraxis 6/2011

For the D&O insurance, opposite to usual liability insurances, the so-called Claims-Made-Principle applies. The insured event occurs with the claim against the insured person. It is no precondition for coverage that the board member committed the violation of an obligation at the point of time the D&O policy had already been concluded.

Such retrospective insurance is only excluded in case of positive knowledge by the insured person or by the policy holder about violations of obligations in the past. A “must-know” (negligent ignorance) is not sufficient, as the Higher Regional Court Koblenz held in a recent decision.


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