Publications

Under German law, all members of the management board bear responsibility for the company. But can liability be minimised by allocating responsibilities? Dr. Mark Wilhelm shows the possibilities and limits of such a plan.

When is the cyber insurer entitled to rescind a contract? Fabian Herdter analyses two recent judgements on the policyholder's duty to disclose risks before the contract is closed.

When there is not enough D&O cover left, how do insurers decide to split the remaining money? Fabian Herdter looks into a problem that urgently needs a fair solution for all insured directors and officers.

In Germany, directors are liable for payments made after the company should have filed for insolvency. What is particularly critical is that D&O insurers often refuse to provide cover for such liability claims. Mark Wilhelm explains the objections currently brought forward by insurers.

Major claims harbour potential for legal conflict. Fabian Herdter provides an overview of current disputes for the insurance monthly VersicherungsPraxis.

If a company wants to bring claims against a D&O insurer, the insured manager first has to cede his cover claim – an insight by Fabian Herdter and David Ulrich.

What evidence does a policyholder have to provide under German law after an insured event? And can the insurer simply claim that it is not fully liable to pay? We provide an overview of the rules governing the burden of proof in insurance law disputes in Germany.

In Germany, managers can have their liability risk contractually limited. Dr. Fabian Herdter und Dr. Friedrich Isenbart shed light on the options available to GmbHs and AGs.