Insurance, Arnecke Sibeth Dabelstein updates

Germany

Contributed by Arnecke Sibeth Dabelstein
Court rules on policyholder's claim against insurer for information on stored personal data
  • Germany
  • 04 May 2021

In 2019 the Cologne Higher Regional Court issued a decision on the scope of the right to information under the EU General Data Protection Regulation that has enormous implications for insurers that collect or process personal data. The court held that the right to information covers not only the so-called 'master data' in the relationship between the insurer and the policyholder, but also telephone and conversation notes that the insurer has stored, used and processed with reference to the policyholder.

Do not leave your package unattended
  • Germany
  • 06 April 2021

In 2019 the Stuttgart Regional Court considered a dispute about claims for damages following a vehicle transfer from Turkey to Germany. Following a traffic accident, the plaintiff delivered the vehicle to a workshop and notified the defendant of damage to the roof of the vehicle and the loss of various items that were allegedly in the vehicle. The court held that the defendant was not liable for the alleged theft of the items.

How will BaFin regulate the conduct and run-off of cross-border activities post-Brexit?
  • Germany
  • 23 March 2021

The Federal Financial Supervisory Authority has issued a general administrative act regulating the conduct and run-off of cross-border business of insurers in the United Kingdom, Northern Ireland or Gibraltar. What does this mean for insurers based in the United Kingdom, Northern Ireland or Gibraltar in respect of their cross-border activities in Germany and for German insurers in respect of their cross-border activities in the United Kingdom?

Court rules on assured's obligation to notify insurer of risk-relevant fact prior to conclusion of contract
  • Germany
  • 02 February 2021

In a recently published decision, the Federal Court of Justice ruled on the obligation of an assured to notify its insurer of a risk-relevant fact prior to the conclusion of the insurance contract. The decision clarifies the important distinction of cases in which there is an objective breach of duty and cases in which there is not. Negligence is relevant only where there is an objective breach. If there is no objective breach, as found in this case, fault is irrelevant.

Business shutdown insurance and COVID-19: update on the most controversial topic of 2020
  • Germany
  • 26 January 2021

The first court decisions concerning business shutdown insurance are now available. The key questions in this respect include whether COVID-19 qualifies as a communicable disease, whether a business that has ceased business operations on a small scale (eg, which now offers only delivery services) qualifies as being 'shut down', and how loss will be calculated and what benefits or compensation insurers must ultimately provide depending on actual loss.


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