Property Insurance:

Subrogation

 

If a coverage claim is subject to German law, claims for redress are by law assigned to the insurer once indemnification is paid. With property insurance a loss can be subject to many ways of subrogation procedures. We can work for insurers along with their clients to prepare and handle recourse action, our work starting right from the point of the loss. Finding facts, securing evidence and addressing potential recourse parties at the right time is crucial to successful asset recovery. We assist by preparing subrogation procedures, pushing them through and helping to enforce judgments in Germany and all around the world.   

 

Part of our service is to obtain the necessary information so that the recourse can be pushed in the correct direction right from the start. For all technical questions we can rely on a network of competent local experts with whom we work. Before initiating the actual action our lawyers will assess the prospect of success and viability of the potential subrogation debtor. If necessary, we will secure the opponent´s assets as well. 

 

A distinctive characteristic of German law is that special subrogation rules apply when there is a tenant involved in causing a property loss. Those rules have been subject to judicial interpretation by the Federal Court of Justice (BGH) rather extensively during the past decade. Depending on the specifics of the case there is the possibility to seek compensation from the liability insurer, i.e. share the loss between the insurers. Our team of lawyers consults our clients on all plausible outcomes.

 

Key Contact

 

Dr. Martin Alexander, LL.M.

Theodor-Heuss-Ring 13-15
50668 Cologne

Tel  +49 221 944027-911
Fax +49 221 944027-985
martin.alexander@bld.de

 

PROF. DR. DIRK-CARSTEN GÜNTHER

Theodor-Heuss-Ring 13-15
50668 Cologne

Tel  +49 221 944027-911
Fax +49 221 944027-927

dirk-carsten.guenther@bld.de