ARTICLE
13 December 2017

Insurance Predictions 2018: Dieselgate, Kill Or Cure For German D&O?

CC
Clyde & Co

Contributor

Clyde & Co  logo
Clyde & Co is a leading, sector-focused global law firm with 415 partners, 2200 legal professionals and 3800 staff in over 50 offices and associated offices on six continents. The firm specialises in the sectors that move, build and power our connected world and the insurance that underpins it, namely: transport, infrastructure, energy, trade & commodities and insurance. With a strong focus on developed and emerging markets, the firm is one of the fastest growing law firms in the world with ambitious plans for further growth.
"Dieselgate" not only changed the game for consumers and car companies, it's set to have a deep and lasting impact on the German and Continental European litigation environment.
Germany Insurance
To print this article, all you need is to be registered or login on Mondaq.com.

2018 will be a pivotal year for the German D&O market

"Dieselgate" not only changed the game for consumers and car companies, it's set to have a deep and lasting impact on the German and Continental European litigation environment. In 2018, the new German government intends to bring in collective redress mechanisms that will create new exposures for insurers and fresh opportunities for the litigation funders and US plaintiff law firms now setting up shop in Germany. Could this sound the death-knell of the languishing German D&O market, or is it the trigger for hardening rates which is so badly needed?

Traditionally, legislators in Europe, and particularly Germany, have been reluctant to introduce anything akin to US-style class actions. But the Volkswagen case exposed a protection gap for consumers which was promptly filled by the platform myRight.de which filed a consolidated action on behalf of 15,000 plaintiffs in early November, forcing a legislative/governmental response.

In July 2017, the government published a discussion draft of its Model Declaratory Action. In line with new EU recommendations, this would enable consumer groups or their plaintiffs to bring an action for a 'declaratory judgement' which should, in principle, have a binding effect on all claimants who electronically registered their claims. Individuals would still need to enforce their claims individually, but the declaratory judgement should ensure this would be a smooth and straightforward exercise.

Germany has long been a litigation hot spot, particularly in the field of D&O insurance where the country is counted amongst the most litigious places globally. The market has been soft for more than a decade, with D&O insurance statistics published by the German Insurance Association (GDV) for the first time in November 2017 revealing shocking combined ratios for 2015 of 145% and for 2016 of 125%. Is this is the blow that finally kills off the German D&O market, or is it the trigger for hardening rates which is so badly needed? We'll know the answer in 2018.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More