Insurance Law and Damage

As a result of the economic, social and political developments of modern society, the importance of insurance law and insurance contracts to hedge economic risks for businesses as well as for private individuals can hardly be overstated. The fields of expertise of our law firm, as evidenced by matching certified specialisations of our lawyers, include advice and representation of companies and private individuals by specialist insurance lawyers.

In addition to legal requirements, the scope of the benefits under an insurance policy are essentially defined by the general conditions of insurance. These provisions are subject to constant change in the light of the jurisprudence of the higher courts. Given the often voluminous terms and conditions, it can be very difficult for businesses as well as private individuals to assess their chances and risks in pursuing claims in case of conflict with the insurance company. Early expert help should be obtained to secure and enforce those claims. The benefits of such an approach are exemplified by the following examples of selected types of insurance. 

Consulting services of our insurance lawyers in connection with property insurance

Fire insurance and business interruption insurance are more important than ever for businesses today. Insurance policies covering machinery, installation, contractor's works, transport or plant closure secure the economic survival of a beneficiary in case of damage. Due to the often complex facts of the case and voluminous terms and conditions of insurance, expert advice and assistance in insurance-related matters is indispensable, in particular in the light of the economic significance of the damage for a business.

Both in the corporate sector and for private individuals, the importance of liability insurance - be it in the form of a company liability insurance, product liability insurance, environmental liability insurance, D&O insurance or a private liability insurance - cannot be understated to avoid jeopardising your own business or private survival. Faced with a multitude of sometimes highly divergent terms and conditions that are commercially available, consulting the professional services of a lawyer specialising in insurance law in case of damage is of great importance, also given the very high amounts of damages that may at stake.

In times of rising numbers of burglaries both in businesses and in private homes, a host of issues and obligations must be taken into account when a case of damage occurs. This is also true for residential building insurances or household insurance, as unusual natural events and resulting damage from fire, lightning, explosion, water or storm and hail are on the increase in the wake of the climate change. Increasingly, events such as torrential rain and flooding can quickly destroy entire livelihoods. In such an emotionally difficult and stressful situation, fast competent help from a lawyer in insurance law is often essential to realise claims against the relevant insurance.

Legal assistance in legal issues involving personal insurance

In addition to property insurance, personal insurance such as private health insurance, personal accident insurance, disability insurance or a life insurance policy, are often the only way to secure the personal economic survival in the event of damage. In this regard, too, numerous insurance-related, legal issues may arise. In connection with private health insurance, insurers frequently question the medical necessity for a claimed medical treatment or raise legal objections to the invoices issues by private doctors. In such cases, the policyholder needs competent assistance and advice, as for example in the event that the insurer contests the validity of the policy or withdraws from the policy because the policyholder failed to comply with pre-contractual duties of notification.

Of great importance is also private accident and disability insurance, as these are designed to ensure the economic survival of the policyholder upon the occurrence of the insured event. Due to the great number of diverging terms and conditions for these types of insurance, laymen can often determine only with difficulty if a certain event amount to an accident or unfitness for work within the meaning of the applicable terms and conditions. In these cases, fast and competent legal assistance and advice is more than recommended in view of the existential meaning of the  benefits concerned.

Contact Derra, Meyer & Partner for legal expertise in all insurance law-related issues

Advice and representation in insurance law issues are among the core competencies of our law firm and are provided by qualified lawyers and certified specialist lawyers in insurance law. If related fields of expertise are affected, such as the traffic and transport law, or criminal law, our colleagues specialising in these fields are ready to assist our client as part of a multidisciplinary team of experts. With our offices located all across Germany, in Italy and in Poland, as well as by virtue of our membership in DIRO AG, a European network of lawyers, we can provide legal assistance and advice throughout Europe, irrespective of the location concerned..

 

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Sächsische Zeitung 14./15.08.2010