Insurance law

Matters of insurance law are gaining in importance in all fields in which we provide legal advice, such as construction law, plant engineering law and real estate law.

We provide precautionary advisory services to ensure that projects and businesses benefit from suitable insurance coverage, risk-aligned formulation of insurance contracts and incorporation of insurance-related specifications in contracts concluded with affected parties. We are able to rely on our considerable experience in the construction and project contexts in carrying out risk assessments and structuring third-party liability and non-life insurance policies, in particular.

However, we also assist our clients in handling any disputes as to coverage which may arise with insurance companies upon the occurrence of an insured event, given that major or complex insurance claims routinely result in differences of opinion with insurance companies. We provide a balanced perspective in the context of negotiations with insurance companies and provide assistance in the enforcement of claims against third-party liability and non-life insurers in both the extra-judicial and the judicial context.

Furthermore, we provide insurance law advice on matters relating to distribution rights and regulatory law, including the special requirements arising in the wake of the increasing digitalisation of the insurance sector.

A distinctive attribute of our lawyers is their possession of both practical experience in real-life matters and particular expertise in specific issues of insurance law, as evidenced by the large number of pertinent insurance law publications under their names.


Selected references

 

  • Development of insurance concepts for construction and plant engineering projects (also on the basis of CAR/EAR terms), e.g. provision of advice in the context of invitations to tender and awards of contracts for the performance of insurance services, and also the handling of an underground railway (U-Bahn) project in Berlin
  • Hitachi Power Europe GmbH: Provision of advice and representation in the context of the enforcement of insurance claims pursuant to erection all risks insurance arrangements for newly constructed power plants
  • German Federal Institute for Research on Building, Urban Affairs and Spatial Development (Bundesamt für Bauwesen und Raumentwicklung – BBR): Research project for the quantification of insurance coverage in the case of contracts concluded with freelancers
  • Offshore projects: Provision of comprehensive advice on diverse events covered by insurance in the context of the construction of wind farms
  • Mounting of a defence against exclusions from professional liability insurance for architects, in particular clauses governing costs and deadlines, wilful breaches of obligation, run-off insurance (extended liability), etc.)
  • Enforcement of coverage claims in the context of commercial third-party liability insurance arrangements, in particular in the case of disputes as to damage resulting from non-performance of contractual obligations
  • Settlement of claims in the non-life insurance context, in particular for fire insurance, including insurance covering loss of profits
  • GetSafe GmbH: Ongoing provision of insurance law advice for the digitalisation of sales operations and the development of innovative, modular insurance products.

 

Lawyers

Publications (in German)