In the "Heros Proceedings" Hanover Regional Court (13th Civil Panel) today pronounced its first
decisions ordering Mannheimer Versicherung to pay compensation. The claimants are two companies
represented by CMS Hasche Sigle. A team of lawyers from the CMS Hasche Sigle office in Hamburg, led
by Dr Holger Kraft, Dr Markus Schöner and Dr Felix Rollin, is representing around 20 clients
seeking compensation from Heros.
Cash transportation company Heros had insured its clients for embezzlement with Mannheimer
Versicherung. In February 2006 Heros used cash collected from customers, which should have been
credited to customers' accounts, to discharge its own liabilities. It had been following this
practice for some time. The result: insolvency in 2006 with total losses of over EUR 400
million.
Mannheimer Versicherung has so far refused to pay and in 2007 contested the insurance policy on
the grounds of alleged fraudulent misrepresentation on the part of Heros in 2001. Mannheimer
Versicherung claims that in 2001 Heros should have disclosed previous instances of
embezzlement.
CMS Hasche Sigle argued that the policy had not been validly contested, the reason being that in
2001 the parties had not concluded a new policy, and that hence no such policy could be contested
by Mannheimer Versicherung. It went on to argue that insurance cover is provided under a single
policy – despite the fact that that policy had been amended a number of times over the years. In
its decisions the 13th civil panel upheld the view of CMS Hasche Sigle that customers were
protected under the original policy and awarded two large chains payments of several hundred
thousand euros.
CMS lawyers Kraft, Rollin and Schöner are optimistic about the overall outcome of the Heros
proceedings: "These decisions are important milestones on the path towards an overall victory for
the injured parties. Essentially the Court's decision is correct. Mannheimer Versicherung cannot
insure Heros customers against embezzlement for over a decade, only to argue – once a claim has
been made on the policy – that it is not liable by maintaining that the policy is invalid.
Contact CMS Hasche Sigle:
Dr Holger Kraft
Tel.: + (49) 40 37630-355
E-mail:
Holger.Kraft@cms-hs.com
Dr Markus Schöner
Tel.: +49 (0)40 3 76 30-3 65
E-mail:
Markus.Schoener@cms-hs.com
Dr Felix Rollin
Tel.: +49 (0)40 3 76 30-334
E-mail:
Felix.Rollin@cms-hs.com
Gabriela Freitag, press and publications
Tel.: +49 (0) 30 / 203 60- 1208
E-mail:
Gabriela.Freitag@cms-hs.com
About CMS Hasche Sigle
CMS Hasche Sigle is one of the leading German law firms with more than 500 lawyers. It covers
the entire area of commercial law and provides legal advice to major German and international
companies from a wide spectrum of industry. It has offices in Berlin, Cologne, Duesseldorf,
Frankfurt, Hamburg, Leipzig, Munich, Stuttgart, Chemnitz, Dresden, Brussels, Belgrade, Moscow and
Shanghai.
CMS Hasche Sigle is a partnership of lawyers and tax consultants; for register details / list of
partners see
www.cms-hs.com
CMS Hasche Sigle is a member of CMS, an alliance of leading independent European law firms. With
over 595 partners, a total of 2,000 lawyers and tax consultants and around 4,200 support staff we
advise our clients at commercial locations in 48 business centres in Europe and further afield on
legal and tax issues.
In addition to CMS Hasche Sigle, the following firms are also members of the CMS alliance: CMS
Adonnino Ascoli & Cavasola Scamoni (Italy), CMS Albiñana & Suárez de Lezo (Spain), CMS
Bureau Francis Lefebvre (France), CMS Cameron McKenna LLP (Great Britain), CMS DeBacker (Belgium),
CMS Derks Star Busmann (the Netherlands), CMS von Erlach Henrici (Switzerland) and CMS
Reich-Rohrwig Hainz (Austria). CMS has 58 offices in 25 countries around the world.
For further information on CMS Hasche Sigle see
www.cms-hs.com and on the CMS alliance see
www.cmslegal.com.
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