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Dominique Helberg, LL.M.
Director
Attorney-at-Law (Rechtsanwältin), Specialist Lawyer for Tax Law
Criminal defense insurers must not refuse benefits on the grounds of alleged breaches of duty as long as there is no conviction – this clearly strengthens insured persons.
The German Federal Court of Justice (“BGH”) rules: “Company undertakers” (Firmenbestatter) can be held liable as de facto managing directors for insolvency and bankruptcy offenses – even without an official function.
The Hamm Higher Regional Court ruled that persons acting as a “straw man” managing director and concealing such fact when taking out D&O insurance lose their insurance cover. In the case in question, the insurer refused cover …