Insurance, Arnecke Sibeth Dabelstein updates

Germany

Contributed by Arnecke Sibeth Dabelstein
Pleasure yacht insurance: navigating without up-to-date charts and proper voyage plan
  • Germany
  • 02 July 2019

In a notable hull insurance case, the Celle Court of Appeal dismissed an action brought by an assured pleasure yacht owner who had been sailing on the Baltic Sea and ran aground. The case facts suggest that assureds are often unaware of the impact that outdated chart materials can have on hull insurance and liability cover.

Prohibition on passing on commission in reinsurance context – exemption uncertainty
  • Germany
  • 21 May 2019

The controversial prohibition on passing on commission forbids brokers and insurers from granting or promising special remuneration to policyholders, insured persons or beneficiaries under an insurance contract. According to the legislature, the prohibition was upheld during the implementation of the EU Insurance Distribution Directive into national law over the past three years. However, whether reinsurance remains excluded from the prohibition is unclear.


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