Firms To Watch: Insurance litigation

LEBUHN & PUCHTA specialises in settling insurance disputes in the maritime sector, including claims in connection with shipping and maritime plant construction, whereas the team also handles contentious insurance matters in the aviation sector. Recently, the group assisted with numerous insurance and reinsurance issues in the context of the Covid-19 pandemic.

Insurance litigation in Germany

BACH LANGHEID DALLMAYR

The sizeable team at BACH LANGHEID DALLMAYR represents insurance companies and financial service providers in national and international disputes and is regularly instructed by freelancers, company managers and clients from the  trade, industry and commerce sectors. The team’s expertise encompasses property insurance, business closure, cyber damage and technical insurance issues. Joachim Grote covers personal insurance matters, which was recently demonstrated in health insurance litigation. Björn Seitz and Bastian Finkel advise on financial and special lines and represent clients in high-volume D&O proceedings, whereby the former also assists with cyber and event cancellation insurance, while Finkel also handles claims settlement in the event of major losses. International liability, product liability and arbitration proceedings are among Martin Alexander‘s key areas of expertise, while Carsten Hösker advises on industrial liability matters. In December 2022, the firm opened a new location in Dortmund.

Testimonials

‘Top law firm in this practice area and this with everything that a lawyer needs, starting with competent processing, through the tactical approach to cases and the consistent pursuit of the client’s goals.’

‘A unique focus on insurance – both nationally in Germany and internationally, which makes them an outstanding company.’

‘Björn Seitz: Know-how is second to none, tactically smart like a fox.’

Clyde & Co LLP

Clyde & Co LLP comprehensively covers insurance disputes with a focus on professional liability, cyber and data risks, D&O, fidelity insurance, W&I, property as well as technical insurance matters. In this regard, the team acts as monitoring, coverage and defence counsel in connection with recourse procedures. Practice head Henning Schaloske is particularly well versed in advising on financial and professional lines, but also assists with product liability, W&I and cyber insurance issues. Tanja Schramm has considerable experience in monitoring E&O mass claims, while counsel Eva-Maria Goergen  is experienced in the processing and settlement of claims. Product liability, property and legal protection insurance are Daniel Kassing’s main advisory areas alongside financial lines, while Sven Förster is well versed in the defence against claims and claims for recourse.

Practice head(s):

Henning Schaloske


Testimonials

‘Very experienced and dedicated team that thinks outside the box.’

‘The interest of the customer always comes first.’

‘Very flexible in terms of availability or changes in the process.’

Key clients

AIG


Allianz Gruppe


AXA


Chubb


CNA Insurance Company


Compre Group


Delvag Versicherung AG


Domestic & General


Dual Deutschland


Euclid Transactional


Finlex


Howden Group


Markel International Insurance


Parametrix Insurance


Swiss Re


Tokio Marine Kiln Group


Versicherungskammer Bayern


Westfälische Provinzial Versicherung AG


Wüstenrot & Württembergische AG


Work highlights


  • Successful advice to AXA on a key decision by the Federal Court of Justice on Covid-19-related company closures.

  • Advised Liberty on the €288 million settlement between Volkswagen and former top managers in connection with the diesel scandal.

  • Defending Watson Farley & Williams against a claim for damages brought by the fund provider Hamburg Trust for alleged errors in advising on fund prospectuses.

DLA Piper

Led by Ludger Giesberts, DLA Piper advises and represents insurers, reinsurers and MGAs in claims proceedings pertaining to W&I insurance, cyber and fidelity insurance as well as liability insurance. A focus is on D&O matters on the insurer side, which are frequently handled as part of insolvencies, as well as on D&O liability, where the team advises board members and managing directors. Further capacaties include technical, construction and property insurance matters. Gunne Bähr represents clients in insurance and reinsurance arbitration proceedings and litigation, including those before BaFin (Federal Financial Supervisory Authority). Arbitration specialist Thomas Gädtke is well versed in class actions and mass proceedings pertaining to D&O liability. Technical insurance and claims settlement in the area of liability insurance are a part of Christian Schneider 's expertise, while counsel David Buntenbroich often acts at the interface to insolvency law.

Practice head(s):

Ludger Giesberts


Testimonials

‘The team works very successfully and cooperatively with us, always finding solutions in newly arising situations. Communication is trusting and always very easy.’

‘With his enormous personal and professional sovereignty, Thomas Gädtke enables the order and control of extremely complex and demanding multi-party matters.’

‘Christian Schneider is now one of the leading specialists in the financial lines sector. For us, he is one of the top lawyers in this special segment. He is very strong on the liability and coverage side and also finds creative solutions.’

‘We have been in regular contact with Thomas Gädtke for years, who is characterized by the highest level of professional competence. His particular negotiating skills deserve special mention.’

‘Christian Schneider brings considerable added value, as he does not give advice one-sidedly, but rather constructively and in relation to the matter at hand.’

‘Gunne Bähr is a recognized expert in the field of international insurance programs. He can grasp complex issues quickly and is focused on business-oriented solutions without losing sight of the overall context.’

‘Thomas Gädtke’s extensive practical experience is reflected in the quality of his advice at all times and makes a significant contribution to the development of viable solutions.’

Work highlights


  • Advising an insurance company on how to handle and deal with a cyber attack, including comprehensive incident response support at the interface to data protection, labor and criminal law as well as civil law, including the processing of liability claims.

  • Representing an insurer for the wholesale business in a D&O liability dispute based on a lawsuit against the chairman of a company active in the solar industry for alleged breaches of duty and the allegation of willful damage in connection with the construction and commissioning of a silicon production plant in an emirate.

  • Advising a provider of industrial insurance as the business liability insurer of an internationally operating automotive supplier due to a global recall with a significant loss volume.

Noerr

Noerr‘s experienced insurance team offers advice on day-to-day business operations as well as representation in disputes. The Liability and Insurance Protection practice group was established in 2020 and acts integrated into the firm’s litigation division. Among the team’s core competencies are D&O, product liability as well as financial loss and liability insurance litigation; whereas cross-border matters are also covered. Prominent contentious topics such as company closures and event cancellation insurance in connection with Covid-19 and cyber insurance still constitute a large part of the case load. Practice head Oliver Sieg is particularly experienced in cross-border disputes, which include those before English, US and Turkish courts. In addition to handling complex damage claims, Helmut Katschthaler ‘s expertise also includes product liability insurance matters and reinsurance-related arbitration proceedings.

Practice head(s):

Oliver Sieg


Other key lawyers:

Helmut Katschthaler


Testimonials

‘High quality.’

‘Outstanding specialists.’

‘Precise, to the point, strategic and forward-looking advice.’

Key clients

TÜV SÜD AG


Work highlights


  • Advising a French reinsurance insurer in an ad hoc arbitration regarding a business interruption reinsurance contract against a national insurer.

  • Advising the US subsidiary of a German construction group with regard to insurance coverage for a US claim in connection with a US compensation lawsuit.

Wilhelm Rechtsanwälte Partnerschaft von Rechtsanwälten mbB

Wilhelm Rechtsanwälte Partnerschaft von Rechtsanwälten mbB is renowned for acting on behalf of policyholders and specialising in damages and insurance claims in the event of major losses. Financial lines and liability issues, including D&O, cyber and fidelity insurance matters are among the key topics as well as property insurance and product liability. Practice head and name partner Mark Wilhelm regularly represents clients in major losses, while co-head Fabian Herdter is primarily active in the area of financial lines. Mass proceedings in connection with company closures are accompanied by Tobias Wessel. At the beginning of May 2022, the team welcomed of counsel Jürgen Wolters, who is particularly well versed in the settlement of liability and financial losses and previously worked at Heuking.

Practice head(s):

Mark Wilhelm; Fabian Herdter


Other key lawyers:

Lars Winkler; Tobias WesselAndreas Shell; Jürgen Wolters


Testimonials

‘Fabian Herdter: Uncomplicated cooperation, technically excellent.’

‘One is in good hands with Wilhelm, even with topics that are off the beaten track. They fight for solutions together with the client and they do it successfully.’

‘Mark Wilhelm and Fabian Herdter are extremely competent contacts in all matters relating to liability and insurance; especially on the subject of D&O.’

Friedrich Graf von Westphalen & Partner

The insurance law team at Friedrich Graf von Westphalen & Partner focuses on manager liability and D&O liability and impresses with capacities at the interface between insurance and corporate law. Additionally, the team is very internationally-oriented in the product liability arena, covering the jurisdictions of Europe, Singapore, Australia, South Korea and the US. The team is jointly led by Tobias Lenz and Carsten Laschet, who both handle product liability law matters and D&O liability. At the beginning of 2022, Mike Weitzel and Claudia Maaßen made partners; both represent clients in litigation and arbitration proceedings, including matters pertaining to manager and product liability.

Practice head(s):

Tobias Lenz; Carsten Laschet


Other key lawyers:

Mike Weitzel; Claudia Maaßen


Testimonials

‘Tobias Lenz and Mike Weitzel are excellent specialists in insurance law, very analytical and good at negotiating.’

‘Pragmatic solutions and goal orientation.’

‘Carsten Laschet and Tobias Lenz both have a high level of competence and a solution-oriented approach.’

Heuking

Heuking's versatile team comprehensively covers all insurance disputes, including mass proceedings and business interruption insurance matters. Rüdiger Schnug and Michael Lauterbach, who are both well versed in professional liability insurance, jointly head the team. Coverage issues and their international enforcement as well as manager liability are among the core strengths of Herbert Palmberger. Martin Karwatzki advises on D&O-related major losses and on recourse pertaining to property insurance, while Julia Degen is well versed in business interruption insurance. Jürgen Wolters (pecuniary loss and liability insurance) joined Wilhelm Rechtsanwälte Partnerschaft von Rechtsanwälten mbB in May 2022.

Other key lawyers:

Herbert PalmbergerRené KrohnJulia Degen; Martin Karwatzki


Testimonials

‘Herbert Palmberger has many years of in-depth international experience in the area of claims disputes, provides excellent analyzes with an excellent and regular feedback process.’

bock legal Partnerschaft von Rechtsanwälten

bock legal Partnerschaft von Rechtsanwälten specialises in D&O and E&O liability law as well as contentious matters pertaining to professional liability, where the firm advises numerous leading insurers. The team is also regularly appointed as coverage and monitoring counsel and represents companies in connection with fidelity damages and M&A insurance. Practice head Stefan Bank has extensive experience in liability and recourse law and jointly heads the team with Dirk Schmitz, who frequently represents auditors, tax consultants, lawyers, notaries and governance bodies in liability cases. The interface between liability law and corporate and tax law is covered by Daniel Al-Hami; he also assists with notarial recourse.

Practice head(s):

Stefan Bank; Dirk Schmitz


Other key lawyers:

Daniel Al-Hami; Silke Rohnfelder


Testimonials

‘Stefan Bank is a reliable and strong cooperation partner in liability and coverage issues.’

‘Stefan Bank is reliable, accurate and very meticulous in his work. We really appreciate his pleasant manner.’

‘Stefan Bank impresses with outstanding expertise in insurance and corporate law. The analyzes are precise and well-founded.’

‘Collegial and very pleasant cooperation.’

Key clients

Allianz Versicherungs-AG


VOV GmbH


Dual Deutschland GmbH


Geschäftsführer P+S Werften


Gothaer Versicherung


VSW Versicherergemeinschaft für Steuerberater und Wirtschaftsprüfer


HDI


Ergo


Hiscox


ACE European Group


Newline


Chubb


Liberty Mutual


Work highlights


  • Legal representation of the former Chief Financial Officer of Wirecard AG and Wirecard Bank AG against a large number of investors.

  • Representing the alleged initiators of the Cum-Ex models against Caceis Bank for allegedly incorrect expert opinions.

  • Monitoring Counsel of Greensill Bank AG, among other things, with regard to liability claims by numerous municipalities after the insolvency of a bank.

CMS

CMS' insurance team in Cologne assists with claims processing, including major losses and D&O claims, on behalf of financial service providers, DAX companies and retail companies, among others. Led by Winfried Schnepp, the team has extensive experience in national and international court and arbitration proceedings, including those pertaining to business interruption. Thomas Maur is primarily active in coverage disputes.

Practice head(s):

Winfried Schnepp


Other key lawyers:

Thomas Maur


GvW Graf von Westphalen

GvW Graf von Westphalen's insurance dispute resolution practice focuses on D&O and professional liability issues, while the team also acts at the interface to insolvency law. Additionally, the team assists with coverage disputes in the context of product and professional liability insurance as well as project insurance in the construction sector and advises on the settlement of property damage and business interruption losses. D&O liability and professional liability law are the focus of Wolfram Desch, who jointly heads the practice with Raimond Emde. The in and out-of-court settlement of major losses is part of Johan van der Veer's key competencies, while Uli Hochdorfer made partner in January 2022 and regularly represents D&O insurers and managers in the defence against D&O liability claims.

Practice head(s):

Raimond Emde; Wolfram Desch


Other key lawyers:

Johan van der Veer; Uli Hochdorfer


Loschelder

Loschelder represents both insurers and policyholders in defending against and enforcing of coverage and liability claims. The team is particularly well versed in liability insurance disputes and D&O cases as well as in technical and personal insurance. Practice head Wilfried Rüffer covers matters pertaining to property insurance and inheritance law. Sandra Orlikowski-Wolf made partner in January 2022 and specialises in court representation in major losses.

Practice head(s):

Wilfried Rüffer


Other key lawyers:

Sandra Orlikowski-Wolf


Testimonials

‘Wilfried Rüffer and Sandra Orlikowski-Wolf are very confident and competent.’

‘Collegial and very pleasant cooperation.’

‘Know-how, fast, reliable and effective.’

Taylor Wessing

In addition to representing clients in arbitration proceedings pertaining to reinsurance contract law, Taylor Wessing also regularly assists with the processing of major damages, including coverage and recourse proceedings. Among the key topics are property, fire and construction damage as well as technical insurance and cyber damage, while the team, headed by Gunbritt Kammerer-Galahn, is also renowned for its expertise in the D&O insurance sector. Franz Janssen's  contentious insurance expertise encompasses property and default damage as well as aviation liability. Claus Peter Knufinke assists with industrial insurance cases and subsequent recourse matters.

Practice head(s):

Gunbritt Kammerer-Galahn


Other key lawyers:

Claus Peter Knufinke; Franz Janssen


Key clients

25hours Hotel Company GmbH


AXA Versicherung AG


CHUBB European Group SE


ERGO Group AG


Friedrich Carl Janssen


Kommunaler Schadenausgleich (KSA)


Provinzial Versicherung AG


Proxalto Le-bensversicherung AG


R+V Re


Work highlights


  • Representation of CHUBB European Group SE in all property, liability and accident law disputes.

  • Ongoing representation of the Provinzial Versicherung AG in liability proceedings with property damage, personal injury and financial loss.

  • Representing ERGO Group AG in all legal disputes with former insurance agents.

White & Case LLP

White & Case LLP's insurance litigation team focuses on high-end business and cross-border cases; pertaining to the latter, clients benefit from the firm's global positioning. Berlin-based practice head Christian Wirth is known for his experience in enforcing D&O liability claims. Recently, he was also increasingly active in matters related to Covid-19. Sara Vanetta represents insurers and policyholders in D&O cases and is well versed in handling mass litigation.

Practice head(s):

Christian Wirth


Other key lawyers:

Sara Vanetta; Sebastian Pitz


Testimonials

‘Christian Wirth’s team is very committed and experienced.’

Key clients

Deutsche Bank AG


DWS Investment GmbH


One Versicherung AG


Allianz SE/Allianz RE


Arqis Rechtsanwälte

Arqis Rechtsanwälte insurance team is experienced in representing clients in D&O proceedings, among others. The team also assists policyholders and insurance companies with claims management; among the recent growth topics were buisness interruption matters caused by Covid-19. In line with the team's focus, practice head Mirjam Boche offers longstanding experience in D&O issues. Dimitrios Christopoulos frequently assists with liability disputes regarding technical products.

Practice head(s):

Mirjam Boche


Other key lawyers:

Dimitrios Christopoulos


Testimonials

‘ARQIS has both broad practical knowledge and specific know-how in the field of transaction insurance.’

‘Very good law firm with excellent lawyers and a good atmosphere.’

‘Dr Mirjam Boche takes up current issues and proactively supports the improvement of our insurance policies. Her excellent legal knowledge is paired with a sound commercial perspective, which leads to work results that can be implemented directly.’

Eversheds Sutherland

Eversheds Sutherland represents insurers and policyholders in contentious matters, including claims management, liability insurance and product liability cases; the team also acts at the interface to insolvency law. Practice head Fabian Volz is well versed in D&O and liability insurance, while Ralf-Thomas Wittmann is particularly experienced in the context of major construction damage. Industrial insurance matters are covered by Christian Becker, who accompanies liability cases both in the assertion of claims against damaging parties and in the defence against payment claims.

Practice head(s):

Fabian Volz


Key clients

CGN Energy Europe


Eickhoff Antriebstechnik GmbH


GE Grid


Johnson Controls (Tyco)


Montanhydraulik GmbH


Senvion


VSE AG


Work highlights


  • Insurance law representation of Senvion due to damage to an offshore wind farm.

Fiedler Cryns-Moll FCM Rechtsanwälte Partnerschaft

Fiedler Cryns-Moll FCM Rechtsanwälte Partnerschaft specialises in liability and insurance law with expertise in the areas of D&O and E&O insurance, fidelity insurance, W&I and professional liability insurance. Here, insurance companies are regularly represented from the Cologne location in national and international disputes. The practice is headed by Björn Fiedler and Anna Cryns-Moll, both have particular experience in D&O claims.

Practice head(s):

Björn Fiedler; Anna Cryns-Moll


Testimonials

‘Clear focus and outstanding competence in D&O-related disputes.’

‘Björn Fiedler is a top lawyer in the field of D&O, especially when representing insurance companies, and a very skilled negotiator.’

‘Anna Cryns-Moll repeatedly demonstrates professional excellence in joint projects.’

‘Very focused D&O unit.’

‘Björn Fiedler is an extremely experienced D&O expert with strong negotiating skills, Anna Cryns-Moll demonstrates professional brilliance in every project.’

‘Fiedler is a crystal clear recommendation for disputes in complex cases, especially in the D&O area.’

‘Small but fine team, a very good address for insurance law throughout Germany, especially in the area of large-volume and complex cases in the D&O area.’

‘Björn Fiedler is highly committed as a name partner with his outstanding specialist knowledge and is well-versed in all the details of his cases. As an opponent, he’s tough but fair and, as a team, he’s top notch both personally and professionally.’

PATZINA LOTZ Rechtsanwälte Partnerschaft mbB

Dispute resolution boutique PATZINA LOTZ Rechtsanwälte Partnerschaft mbB offers specialised expertise in professional liability law, where the team advises liable individuals on insolvency delay and claims for recourse as well as liability risks. Another core area is the representation of managing directors and board members in the D&O segment. Accordingly, Thorsten Lotz and René Matz are regularly instructed by tax consultants and freelancers in liability cases as well as by board members, managing directors and supervisory boards in D&O liability disputes. Founding partner Reinhard Patzina (liability and right of recourse) retired at the beginning of 2022.

Other key lawyers:

Thorsten Lotz; René Matz


Testimonials

‘René Matz impresses with a high level of professional competence and an experienced court appearance.’

‘Highly Recommended.’

‘René Matz always has a solution for any problems that arise.’

Key clients

HDI Versicherung


ERGO Group


Versicherungsstelle Wiesbaden


Allianz Insurance


Zurich Insurance Group


Work highlights


  • Representation of an insolvency administrator in recourse proceedings against two tax consultants due to liability for delay in insolvency.

  • Representation of various tax consultants in tax liability proceedings due to the subsequent claim for social security contributions for shareholders and managing directors of GmbHs by the Deutsche Rentenversicherung.

  • Out-of-court advice for auditors and tax consultants in order to exclude liability risks and possible recourse claims at an early stage.