Liability & Insurance
Thümmel Schütze has extensive experience in providing legal advice on all types of insurance, covering companies, managers and members of liberal professions alike. This includes all insurance types relating to financial lines, such as directors and officers (D&O) liability insurance, error and omissions (professional indemnity) insurance, as well as fidelity damage and cyber insurance. We also consult on industry property insurance, product liability insurance, and professional liability insurance for consultancy professions.
Thümmel Schütze takes over the settlement of complex claims for insurers, insured enterprises and professionals. We also consult on the drafting of insurance conditions.
Specialised experience in D&O insurance
Since the introduction of D&O insurance in Germany, Thümmel Schütze has been advising and representing the leading international and national insurers as monitoring or coverage counsel. We are and have been part of the settlement of many prominent D&O insurance cases in the German industrial and banking world.
As monitoring counsel, we determine the underlying facts of the liability case, accompany internal investigations, and coordinate and manage the defence of liability claims for the insured parties and their legal counsel. In appropriate cases, we organise a collaborative defence.
As coverage counsel, we verify the funding practice and consult on pending underwriting decisions. We undertake the defence of coverage claims before and out of court. In appropriate cases, we negotiate settlements. We develop layer-overlapping regulatory solutions with excess liability programmes. We verify recourse claims of the insurer against third parties, and we undertake their implementation.
We are therefore aware of the problems and issues arising out of the interface between corporate law and D&O insurance terms, securities class-action loss suits in the USA, and issues concerning the participation of insurance consortia.
Representation of interests for managers
We represent boards, managers, supervisory boards, advisory boards, and other managers before and out of court against allegations of improper conduct. We advise in the preliminary stages of a possible claim and develop recommendations for action to avoid liability. We support managers through internal investigations.
We are aware of the issues that managers are facing. These involve compliance and environmental, social and governance (ESG) issues in complex investment and financial decisions, as well as issues arising in corporate crises.
- Managers and Supervisory Boards
- D&O Insurance
- Related Insurance Types