Capital Market Liability 

 

At our Special Lines and Life Insurance practice groups, we take care of the capital market liability segment. Here, we are primarily dealing with liability in connection with the issue of shares or other investment products (IPO) and with the liability of capital product sellers and brokers (banking and insurance products).
 
The most important topics here have become prospect liability, both in a narrow and broad sense, as well as the liability of fund initiators and of banks and insurance companies. In all of these cases, the potential indemnitors may be both the issuing companies and their board members. Lately, banks and insurance companies are increasingly becoming the center of attention – either as regards the capital products issued directly by the banks, or unit-linked life insurances, into which various banking products are integrated.

 

However, to successfully defend against liability requires not only a consideration of the very far-reaching and very investor-friendly case law of the Federal Court of Justice, but it is often marked also by purely logistic challenges. Potentially liable persons or companies and their insurers are increasingly faced with a real surge of out-of-court or in-court claims. We often see hundreds or even thousands of investors on the claimant's side. So, outside of the pure legal doctrine, we have also positioned ourselves to handle such mass proceedings. Here, it must be ensured that an immensely large number of simultaneously filed complaints can be processed within the deadlines, and that regular and meaningful reporting about the status and scope of all proceedings can be maintained.

 

We support both liability and defense insurers with their claims processing and all pertinent tasks and duties (for example reporting and reserve recommendation), and the actual indemnitors in defending against the claims asserted against them.
 
However, defending against claims is part of our consulting services not only in case of damage. We rather also provide preventive consulting. For, with careful product development, one can avoid liability claims from the get-go. Here, not only our insurance contract expertise is of particular importance. What is just as important is the interface between supervisory and investment requirements as well as the requirements under marketing law. We therefore also assist our clients with the development of advertising material, and we prepare product-related sales trainings for the product part; and we also offer accompanying training courses. 

 

Key Contacts

 

Dr. Joachim Grote

Theodor-Heuss-Ring 13-15
50668 Cologne

Tel  +49 221 944027-41
Fax +49 221 944027-906

joachim.grote@bld.de

 

Björn Seitz

Theodor-Heuss-Ring 13-15

50668 Cologne

Tel  +49 221 944027-944
Fax +49 221 944027-880
bjoern.seitz@bld.de

 

Bastian Finkel

Theodor-Heuss-Ring 13-15

50668 Cologne

Tel  +49 221 944027-893
Fax +49 221 944027-880

bastian.finkel@bld.de