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Insurance

Legal advisors to the insurance industry

CMS Germany has many years of experience and expertise in virtually all areas of insurance law. Our clients include major German and foreign insurance companies, Hanseatic underwriters, reinsurers and insurance brokers. Due to the central role played by London in the insurance sector, CMS Germany maintains close links with the UK market and its local legal partners.

Insurance law is a core strength

CMS is one of the leading German law firms for insurance law. Our advice covers all aspects of insurance and reinsurance law, including marine insurance law.

Individual areas include regulatory and corporate law, the design and marketing of insurance products, as well as insurance-related matters, such as corporate finance, compliance, M&A, insolvency law, tax, data protection law and competition law.

We also provide representation during negotiations, for example involving major insurance claims and legal disputes. We have broad-based expertise in settling disputes both in court and out of court, particularly in national and international judicial and arbitration proceedings in the area of insurance and reinsurance law.

Insurance regulatory law – we represent your interests

CMS Germany has been advising insurance companies and other players on issues around insurance regulatory law for many years. We represent our clients both vis-à-vis BaFin (the German financial regulator) to safeguard their interests and with regard to the entry of new competitors into the German insurance market.

Our advice on regulatory matters includes

  • Licensing issues for new market players
  • Approval procedures, including changes to the business plan and articles of association
  • General regulatory constraints on product design
  • Other matters relating to ongoing regulationSupporting insurance companies during external audits by BaFin
  • Transfer of insurance portfolios
  • Business operations of foreign insurance companies in Germany
  • Regulatory issues relating to investing capital (especially investment in loans, companies, real estate and funds)

Support in insurance sales law, broker-related matters and insurance competition law

In recent years we have advised numerous insurance companies on issues relating to insurance sales law. Our portfolio of services covers the full range of insurance sales law, including direct sales, distance selling, sales through exclusive representatives and via insurance brokers.

We can also assist with the design of agreements and advise on them (for example, drafting of model contracts) and provide in-court and out-of-court representation in disputes.

D&O insurance – help you can rely on

We have a wealth of experience in advising on insurance law matters in complex D&O insurance claims, in particular on behalf of financial services providers, DAX-listed companies and trading companies.

Our clients benefit here from our interdisciplinary approach. In practical terms, this means that teams comprising corporate lawyers and/or service contract experts and litigation attorneys as well as insurance lawyers work together on your matter.

Our services and expertise extend from conventional advice through the assessment of complex claims with regard to liability and insurance cover aspects to enforcement in court as well as design services and advice on the conclusion of D&O insurance contracts.

On the policyholder side, CMS Germany acts in a support role to review the position of insured persons (particularly corporate organs) in relation to insurance cover aspects and to enforce their claims if necessary.

25/07/2019
CMS Insurance Global Brochure
In the insurance market, the best protection is experience. Navigating the legal complexities of the global insurance market takes proven insight. At CMS, many of our insurance specialists have come from...

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14/03/2024
CMS advises Encavis management board on EUR 2.8 billion takeover offer...
Ham­burg/Frank­furt – KKR has today announced a voluntary public takeover offer made to all the other shareholders of Encavis AG of EUR 17.50 per share in cash. This represents a transaction volume of around EUR 2.8 billion. Family-owned business Viessmann GmbH & Co. KG will participate as co-investor in the KKR-led consortium. The offeror has signed binding agreements with Abacon Capital GmbH and other major shareholders holding around 31% of the total share capital. These shareholders will continue to be long-term investors in the company indirectly through a stake in the offeror’s corporate structure. Encavis and the offeror have signed an investor agreement on the key points of the transaction. In line with the investor negotiations, the consortium will support the strategic ambitions of Encavis to accelerate growth. The offer document will be submitted by the offeror within the next two weeks for approval by the German Federal Financial Supervisory Authority (BaFin). Completion of the transaction is subject to a minimum acceptance threshold and regulatory approvals, among other conditions. CMS advised Encavis on the investor agreement via a team headed by Dr Henrik Drinkuth and Ayleen Görisch, together with Freshfields Bruckhaus Deringer, and will advise the Encavis management board on all legal aspects of the takeover offer. The company is a longstanding CMS client. CMS Germany Dr Henrik Drinkuth, Partner Ayleen Görisch, Counsel, both Lead Dr Hendrik Quast, Senior Associate, all Corporate/M&A Christoff Soltau, Partner Kai Neuhaus, Partner Dr Robert Bodewig, Senior Associate David Rappenglück, Associate, all Antitrust, Competition & Trade Philipp Melzer, Partner Hatice Akyel, Counsel Patrick Damanik, Senior Associate, all Banking, Finance & Insurance Encavis Natalie Grüber (Head of Legal)Press Con­tact presse@cms-hs. com
14/02/2024
CMS advises automotive supplier Webasto on sale of charging business to...
Cologne – Webasto, a leading global automotive supplier headquartered in Stockdorf near Munich, has sold a majority stake in its charging solutions business. The business includes charging cables, mobile chargers and wallboxes. The German company is one of the 100 largest suppliers to the automotive sector worldwide and will remain invested in the division as a minority shareholder. It intends to focus on its core business segments going forward. In 2022, Webasto took the strategic decision to seek an investor for the charging solutions business. The buyer is private equity firm Transom Capital Group, based in Los Angeles, USA. The two companies signed a purchase agreement on 7 February 2024. Further details of the transaction were not disclosed.A CMS team headed by lead partner Klaus Jäger advised Webasto on all legal aspects of the sale. The German CMS team worked closely with CMS teams from Mexico City and Beijing, as well as US law firms Miller & Martin PLLC and Locke Lord LLP. The sales process was highly complex, partly due to the fact that prior to the sale the unit in question needed to be restructured by taking appropriate action across a number of different jurisdictions. Webasto has relied on the expertise of CMS in the past, most recently when acquiring all the shares in Luxembourg company Carlex Glass. Established in 1901, automotive supplier Webasto focuses on roof systems and on vehicle electrification in its development, manufacturing and sales operations. The product range includes openable and fixed roofs, electric high-voltage heaters and batteries and thermo management solutions. Webasto’s customers range from manufacturers of passenger cars, commercial vehicles and boats to dealers and end customers. In 2022, the group generated sales of over EUR 4 billion and employed some 16,800 people across more than 50 locations worldwide. CMS Germany Klaus Jäger, Lead Part­ner Anna-Lena Löcherbach, Counsel Philipp Knopp, Senior As­so­ci­ate Domin­ic Zimmer, Associate Nina Fink, Associate, all Corporate/M&A Dr Angela Emmert, Partner Lennard Martin Lürwer, Counsel Marcel Heinen, Senior Associate, all Labor, Employment & Pensions Dr Sebastian Cording, Partner Lars Howe, Associate Dr Markus Kaulartz, Partner Dr Reemt Matthiesen, Partner, all TMC Dr Alexandra Schluck-Amend, Partner Manuel Nann, Senior As­so­ci­ate  Fran­ziska Fuchs, Senior Associate, all Restructuring and Insolvency Lars Eckhoff, Partner Dr Philipp Rohdenburg, Counsel, both Commercial Dr Dirk Smielick, Principal Counsel, Intellectual Property Dr Christian Scherer, Partner, Real Estate & Public Barbara Bayer, Counsel, Banking, Finance & Insurance Moritz Pottek, Counsel, Antitrust, Competition & Trade Dr Arne Burmester, Principal Counsel Conrad Gräwe, Legal Coordinator Romy Rosenhahn, Legal Co­ordin­at­or Stephanie Schulz, Legal Co­ordin­at­or Steven Washington, Legal Co­ordin­at­or Tag­rid Chahrour, Senior Legal Specialist Anke Clippingdale, Senior Legal Specialist Lisa Mattmann, Senior Legal Specialist Sarah Przybylski, Senior Legal Specialist Edris Trabzadah, Senior Legal Specialist Faraz Ahmad, Legal Specialist Jule Marie Holz, Legal Specialist Sofia Schreiner, Legal Spe­cial­ist Al­ex­an­der Stadahl, Legal Specialist, all Smart Operations CMS China Dr Falk Lichtenstein, Partner, Corporate/M&A CMS Mexico Giancarlo Schievenini, Partner, Corporate/M&A MILLER & MARTIN PLLC, Attorneys at Law, Chattanooga, USA Mike Marshall, Partner Joe De Lisle, Partner Locke Lord LLP, Boston, USA Jonathan Joung, PartnerPress Con­tact presse@cms-hs. com   
13/02/2024
EU legislative initiatives on recovery and resolution planning for insurance...
With the compromise proposal for an Insurance Recovery and Resolution Directive (IRRD) published by the EU Council in January 2024, EU legislative initiatives to establish a recovery and resolution framework...
19/12/2023
CMS advises Vattenfall on all aspects of selling its district heating business...
Hamburg – Vattenfall has completed a strategic review of its Berlin district heating business and decided to sell it in full to the Federal State of Berlin. An agreement to this effect was signed by...
06/12/2023
EU publishes Directive on distance financial services contracts in Official...
In November 2023, the EU legislator adopted the new Directive regarding financial services contracts concluded at distance.This Directive essentially aims to modernise the existing legal framework governing...
13/09/2023
Turning the Corner? CMS European M&A Outlook 2024
We are pleased to share with you the 2024 edition of the European M&A Outlook, published by CMS in association with Mergermarket.
09/06/2023
Update Gesell­schaft­s­recht
In our Update Gesell­schaft­s­recht, we deal with several topics of German corporate law. We discuss corporate structuring, the latest case law and relevant legal disputes relating to German corporate law.
19/05/2023
Insurance law and regulation in Germany
1. Introduction An insurer can undertake insurance activities in the Federal Republic of Germany with an insurance licence granted by the Federal Financial Supervisory Authority (BaFin). BaFin can grant...
16/05/2023
Schutz für Entscheidung­sträger: D&O-Versicherung
Decision-makers and executives bear great responsibility within a company and make important decisions every day. Accordingly, directors face a substantial risk of liability. Good insurance cover is thus highly important. In our new “Update Corporate Law” podcast, Dr Daniel Otte from the Corporate practice and Dr Alexander Hoffmann, an expert on insurance law, look at all the key issues around D&O insurance: Who benefits from D&O insurance and who takes out this type of policy? What does the claims-made principle involve? And should every director have D&O insurance?
10/05/2023
At last: invalidity and revocation actions now available before TM offices...
One of the most significant innovations introduced by the EU Trade Mark Directive 2015/2436 (the so-called trade mark reform package) was the requirement for all EU countries to implement – where not...
14/04/2023
CMS advises Headway-Capital Partners and the company founder on sale of...
Munich – Headway Capital Partners and other shareholders have sold a majority interest in office people Per­son­al­man­age­ment GmbH, Münster, to H.I.G. Capital, LLC (H.I.G.). H.I.G. is a global private...
04/04/2023
European Commission amends Article 102 TFEU guidance paper and announces...
In 2008, the Commission adopted its Guidance on the Commission`s enforcement priorities in applying Article 82 of the EC Treaty (now Article 102 TFEU) to abusive exclusionary conduct by dominant undertakings...