Liability Claims

Today, more than ever, insolvency law provides for liability risks for management in crisis situations. At the same time, D&O insurance often provedes inadequate coverage for these risks.

For example, managing directors are liable for payments made from the company's assets after it has become insolvent - with a few exceptions, which are not clearly defined by law. In addition, filing for insolvency late is punishable by law. Regularly, there are also, criminal investigations, triggered by reports filed by affected health insurance companies, business partners or by submission of insolvency files to the public prosecutor's office.

The reasons for liability are diverse. Often, the business managers concerned were not aware of the liability risks. Often, claims arise because management was incorrectly informed about the definition and outset of insolvency.

We defend management against these claims on the one side, but we also enforce these claims for insolvency estates. Therefore, we know the challenges and risks infolved from both perspectives.

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Christoph Oertel

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