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Insurance

Germany

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.

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