Management
OLG Cologne: Insurer clarifies burden of proof for direct claim in D&O insurance
Cologne Higher Regional Court finally provides clarification in the area of D&O direct litigation with a recent ruling A new and exciting ruling from the world of D&O insurance. The proceedings dealt with the question of who bears the burden of proof if a company does not first take action against the managing director in an internal liability case, but instead takes direct action against the D&O insurer(s) (so-called direct action). This is possible if the defendant has assigned his/her indemnification claims against the D&O insurer to the company. But what happens in this case with the privileged
November 21, 2023
