Insurance Law

Our experts provide competent and efficient advice on all current topics and future challenges in the insurance industry. The team advises national and international primary insurers, reinsurers, insurance intermediaries, policyholders and insured persons, in particular, companies and their governing bodies, on all aspects of insurance law.

Due to our years of experience, we are very familiar with all the relevant legal issues, the commercial background, the special requirements and the regulatory framework of the insurance industry. We provide advice on our core areas, insurance supervisory law and insurance contract law, including product design, as well as in the areas of insurance intermediary and insurance distribution law.

Another focus of our work is representing our clients in insurance disputes, in and out of court. Our range of advice comprises not only insurance cover issues but also liability and claim settlement issues. Depending on the type of claim – for example, product liability claims or D&O liability claims against management board or supervisory board members or managing directors – our team of lawyers that specialise in insurance law work closely with experts from the other fields of law that our full-service law firm provides, for example, corporate law, banking and finance law, or commercial and distribution law. Our international offices and our international network of partner law firms are well-versed in handling cross-border matters and, therefore, can quickly provide help.

If you are a foreign insurer or insurance intermediary who wishes to enter the German market, we will be happy to clear the way for you. As an experienced and reliable partner, we will, of course, continue to support you in all your activities after you have entered the German market, in particular when it comes to designing your products or setting up a distribution system.

 

 

Our range of advisory services:

Insurance contract law
  • Examining whether insurance cover exists
  • Examining rights and obligations under the insurance contract, e.g.
    • Rights of withdrawal and rights of termination
    • Notification duties
    • Obligations
Insurance supervisory law
  • Insurance licence
  • Activities of EU/EEA insurers in Germany based on the freedom of establishment and the freedom to provide services
  • Transfer of portfolios
  • Outsourcing
Insurance intermediary law
  • Trade law, including – without limitation –
    • Licencing and registration
    • Distinguishing between activities requiring a licence and licence-free activities (ad hoc advice, intermediation below de minimis thresholds)
Insurance distribution law
  • Setting up and organising distribution networks, amongst other things
Product design
  • Drafting insurance conditions
  • Drafting Insurance Product Information Documents (IPIDs)
  • Drafting insurance applications
  • Drafting insurance policies
Insurance company law
  • Establishing holding companies
  • Transforming mutual insurance companies into stock corporations
  • Mergers
International insurance law
  • Insurance private international law
  • EU regulations, directives and other legal acts
Litigation and arbitration
  • Directors & Officers (D&O)
  • Errors & Omissions (E&O)
  • Product liability
  • Professional indemnity
  • Warranty & Indemnity (W&I)
  • Damage from construction work and planning
  • Industrial claims
Asset management for insurance companies
  • Advising on the capital resources of insurers, including the “cover pool eligibility” of capital investments

Key Contact >>

Key Contact

Dr. Alexander Mönnig, LL.M. (Manchester), E.M.L.E.

Counsel

T +49 40 18067 15453

Dr Rolf Kobabe

Partner

T +49 40 18067 24680