A knowing breach of the payment prohibition under insolvency law cannot be inferred from a breach of the obligation to file for insolvency.
On November 19, 2025, the German Federal Court of Justice (Bundesgerichtshof;...more
12/2/2025
/ Appellate Courts ,
Breach of Duty ,
Burden of Proof ,
Contract Terms ,
Corporate Governance ,
Corporate Officers ,
D&O Insurance ,
Denial of Insurance Coverage ,
Fiduciary Duty ,
Germany ,
Insolvency ,
Insurance Claims ,
Insurance Contracts ,
Insurance Litigation ,
Policy Exclusions ,
Statutory Interpretation
On October 10, 2024, the Council of the EU adopted the new EU Directive on Liability for Defective Products, which replaces the previously applicable Product Liability Directive of 1985, thereby fundamentally changing the...more