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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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10/06/2020
CMS ad­vises PIB Group on ac­quis­i­tion of Marx Re
A CMS team led by Richard Mit­ter­huber, Laura McIn­tosh und Astrid Roesen­er sup­por­ted PIB Group in all leg­al as­pects of the trans­ac­tion...
14 March 2018
CMS Ex­pert Guide to in­sur­ance law and reg­u­la­tion
Are you look­ing for in­form­a­tion on in­sur­ance law and reg­u­la­tion? This CMS Ex­pert Guide provides you with everything you need to know.
02 July 2020
EU agrees new class ac­tion re­gime for con­sumer dis­putes
After a long gest­a­tion, on 30 June 2020 the Coun­cil of the EU pub­lished the text for the col­lect­ive re­dress dir­ect­ive (the “CR Dir­ect­ive”) (text avail­able here). This le­gis­la­tion is in­ten­ded to bet­ter...
20/05/2020
CMS ad­vises VR meine Raif­feis­en­bank eG on ac­quis­i­tion of Maler­winkel hotel...
VR meine Raif­feis­en­bank eG has ac­quired the long-es­tab­lished Maler­winkel hotel and res­taur­ant on Lake Chiem­see. A CMS team led by part­ners Dr Eva An­nett Grigoleit and Dr Ig­or Sten­zel ad­vised VR meine Raif­feis­en­bank eG on all leg­al as­pects of the trans­acti
06 April 2020
Ger­many of­fers short-term tax re­lief for com­pan­ies dur­ing crisis
Ac­cord­ing to the BMF let­ter, tax­pay­ers veri­fi­ably, dir­ectly and not in­sig­ni­fic­antly af­fected by the fall out of the coronavir­us can ap­ply for a de­fer­ral of taxes (Steuer­s­tundung) already due or due by...
13/03/2020
In­ter­na­tion­al CMS team ad­vises Transat­lantic Re­in­sur­ance Com­pany on cor­por­ate...
The New York based re­in­surer Transat­lantic Re­in­sur­ance Com­pany (TransRe) has re­or­gan­ized its European cor­por­ate struc­ture. An in­ter­na­tion­al CMS team led by Richard Mit­ter­huber and Dr Jes­sica Mo­haupt has ad­vised TransRe on all leg­al and tax as­pects of the
03 April 2020
State aid avail­able to busi­nesses in Ger­many dur­ing the Coronavir­us Crisis
Dur­ing the coronavir­us crisis, State aid is a way for busi­nesses to ob­tain li­quid­ity. State aid can be gran­ted by all na­tion­al pub­lic sec­tor bod­ies, in­clud­ing loc­al au­thor­it­ies. There is no dir­ect aid...
16/01/2020
CMS ad­vises Sig­na­ture Cap­it­al on ac­quis­i­tion of prop­erty port­fo­lio in Ber­lin
Two Lux­em­bourg com­pan­ies man­aged by Sig­na­ture Cap­it­al GmbH, namely Green­stone Hold­ings S.à r.l. and Pess­ac Hold­ings S.à r.l., have ac­quired a port­fo­lio com­pris­ing four com­mer­cial build­ings in Ber­lin from Pat­riz­ia AG in a share deal. A CMS team co­ordin­ated
19 March 2020
Dis­putes in times of the coronavir­us
The spread of the coronavir­us (SARS-CoV-2/COV­ID-19) in Europe and the world has not stopped the need for dis­pute res­ol­u­tion and has cre­ated enorm­ous chal­lenges for com­pan­ies, their ad­visers and the...
March 2019
In­sur­ance In­sights
With “In­sur­ance In­sights” – series of short, in­form­at­ive videos – you can dis­cov­er what’s hot and what’s not from our ex­pert law­yers around the globe. Watch here!
28 February 2020
UK/EU fin­an­cial ser­vices after Brexit -cross bor­der reg­u­la­tion after the...
On 25 Feb­ru­ary, the Coun­cil of the EU pub­lished the fi­nal ver­sion of its ne­go­ti­at­ing man­date and, two days later, the UK gov­ern­ment set out its ap­proach to our fu­ture re­la­tion­ship with the EU. Ne­go­ti­ations...
06/12/2019
CMS ad­vises capiton on Ger­many's first GP-led Single-As­set Sec­ond­ary Trans­ac­tion
A team of CMS law­yers headed by Part­ners Dr. Eva An­nett Grigoleit and Dr. Ig­or Sten­zel and Coun­sel Patrick Lühr were part of the group of in­ter­na­tion­al ad­visors man­dated by capiton for this highly com­plex private equity trans­ac­tion...