Insurance and Tort Law

Our insurance and tort law group has developed through many years of focused cooperation with the business community.
The group employs 19 lawyers in Aarhus and Copenhagen. The number of specialists ensures that each individual lawyer can specialise in particular fields of expertise, giving our firm a unique specialisation within the individual branches of insurance and tort law.

We advise both Danish and foreign insurance companies, businesses and insurance brokers.

Our expertise

We want to provide to our clients a service that ensures the best commercial result possible.

Consequently, our insurance and tort law group has substantial practical experience in attending to clients' interests - also in relation to regulatory matters.

At the same time, we focus on influencing the professional environment within our respective areas of expertise. We do this e.g. through:

  • Writing and research
  • Publication of newsletters
  • Representation on law-improving committees and the like
  • Extensive educational activities for e.g. the Danish Insurance Academy, the Danish Bar and Law Society and the Association of Danish Lawyers and Economists

COMMERCIAL AND PRODUCT LIABILITY

Commercial and product liability is a central area within Kromann Reumert's insurance and tort law specialist field.

Over the years, Kromann Reumert has advised insurance companies and businesses on issues relating to product liability, and we have conducted a number of cases of general public importance before the Danish courts and the European Court of Justice that have affected the development of the law within the area.

For instance, Kromann Reumert represented an intermediary in a case before the European Court of Justice, where the Court held that section 10 of the Danish Product Liability Act then in force was contrary to the EC Directive on product liability.

In addition to conducting legal proceedings within the area, Kromann Reumert also offers advice on:

  • Preparation of limitation clauses
  • Warnings
  • Public liability and product liability insurance conditions

COMPETITION LAW

Kromann Reumert advises on tort law issues within competition law, see more

here.

DISPUTE SETTLEMENT AND MEDIATION

It has become more and more common for the courts or the parties to initiate dispute settlement or mediation.

Frequently, it will also be prescribed in contracts that no legal proceedings may be instituted unless bonafide attempts have first been made to negotiate a settlement.

We often assist clients in mediation and other organised settlement negotiations domestically and abroad.

We have solid experience that mediation negotiations often bring rapid and satisfactory closure, particularly in cases under US jurisdiction, where legal proceedings are extremely lengthy and very cost-intensive.

ENVIRONMENTAL AND POLLUTION LIABILITY

Kromann Reumert's insurance and tort law group has extensive experience and expertise in assisting both insurance companies, businesses and private individuals in all cases involving environmental and pollution liability.

We advise on:

  • Public law liability
  • Tort liability 
  • The insurance law problems that may arise from the complex liability rules, including the new environmental liability rules and the special rules on environmental damages

INSURANCE BROKERS/MEDIATION

We assist insurance companies in entering into and performing cooperation agreements with, in particular, insurance brokers and insurance agents.

Following the 2006 amendment of the Danish Act on Insurance Mediation, we have advised extensively on the prohibition against insurance brokers' receipt of commission and other payments from insurance companies in relation to the specific client relationship, including the transitional provision.

In addition, we generally advise insurance companies and businesses practising commercial mediation of insurances on their duties as prescribed by law.

Finally, we also conduct legal and arbitration proceedings in disputes arising from cooperation agreements on insurance mediation.

LITIGATION AND ARBITRATION

Dealing with litigation and arbitration proceedings is an essential part of our work within the field of insurance and tort law.

It is our position that legal proceedings should be conducted only when imperative, either because the chances of settlement are considered exhausted, or because there is a need for clarification of the legal position.

Because of our expertise and considerable routine in conducting legal proceedings, we are often appointed arbitrators, by the permanent arbitration institutes (e.g. the Danish Institute of Arbitration (Copenhagen Arbitration), ICC or the Building and Construction Arbitration Tribunal) and by ad hoc arbitration tribunals.

All of our partners within the field are admitted to the Danish Supreme Court and are members of Højesteretsskranken, an association of experienced Supreme Court litigators.

We conduct:

  • Civil proceedings before the Danish courts
  • Arbitration proceedings before Danish and foreign arbitration tribunals
  • Legal proceedings before the European Court of Justice

We act as arbitrators for Danish and international arbitration tribunals.

 

Learn more about Litigation and Arbitration.

PERSONAL INJURY

The handling of personal injury cases of any kind is an essential specialty within the field of insurance and tort law.

We primarily assist insurance clients and their policyholders in assessing claims, including in liability cases.

We consider:
 

  • If liability for personal injury should be recognised
  • If causal connection exists 
  • If any claims are statute-barred 
  • How to assess the injury 

We have conducted and continue to conduct a wide variety of cases of general public importance before the Danish Supreme Court on the interpretation of relevant rules of law in e.g. the Danish Liability for Damages Act

We also:

  • Assist in cases on coverage under the Danish Industrial Injury Protection Act
  • Increasingly assist insurance clients with claims handling (outsourcing).
  • It is our position that legal proceedings on personal injury should only be conducted when imperative 

Because of our expertise and considerable routine in conducting legal proceedings in this area, we represent a considerable number of insurance clients and their policyholders.

PERSONAL INSURANCE

The handling of personal insurance cases is an essential specialty within the field of insurance law.


We primarily assist insurance clients, including in cases involving:


  • Misrepresentation in relation to particulars of risk
  • Statute-barring
  • The question of whether the conditions for coverage have been met, e.g. if the injury was accidental or if the conditions for obtaining cover for incapacity for work/loss of pension are satisfied

 We assist insurance companies in the preparation of insurance products.

Conscientiously assessing the risks involved in any personal insurance matter, we are focused on ensuring that neither the insured nor our clients have to endure unnecessary legal action. Personal injury insurance litigation should only be conducted when absolutely necessary. If we do not consider this to be the case, we will help find another solution.

PROPERTY AND ALL-RISKS INSURANCES

Cases within this field are many, but primarily comprise legal actions on recourse following payment of damages and assistance in connection with questions about cover.

We primarily assist clients in cases comprising both:

  • Property insurance (including fire)
  • All risks insurance and related business interruption insurances

 Moreover, we assist in the preparation of insurance conditions and special coverage clauses within this field.

PUBLIC REGULATION OF INSURANCE COMPANIES

Public regulation of insurance companies has increased in volume and complexity over the last years, as recently expressed in the EU Directive on Reinsurance (2005/68/EC).

In this connection, we have seen an increased demand for legal counselling of Danish and foreign insurance companies on insurance regulatory matters.

We have assisted in e.g:

  • Establishment of insurance and mutual reinsurance companies, including obtaining permits for carrying on insurance business from the Danish Financial Supervisory Authority; preparation of new insurance terms, preparation of other internal documents as necessary, etc.
  • Investment and placement rules pursuant to the Danish Financial Business Act
  • So-called fit & proper approvals of new members of management in insurance companies and their holding companies
  • The Danish Act on Insurance Mediation, including assistance in connection with transfer of insurance mediation businesses 

Our services frequently also extend to foreign insurance companies that wish to carry on insurance business in Denmark, cross-border or through a Danish branch office, or wish to transfer all or part of a Danish insurance portfolio.

RECALL

The recall of defective or dangerous products from the market is a growing specialty area within Kromann Reumert's insurance and tort law specialist field.

Kromann Reumert advises business clients and insurance companies on a number of issues in relation to warnings and the recall of defective or dangerous products from the market.

We also advise on recall insurance.

REINSURANCE

Kromann Reumert's insurance and tort law group has considerable experience in advising ceding companies and reinsurers on the drafting of reinsurance treaties.

Moreover, we have been involved in a number of reinsurance disputes before the ordinary courts and before arbitration tribunals and have also acted as arbitrators in reinsurance disputes.

Reinsurance issues are most often international, and Kromann Reumert has considerable experience in conducting arbitration cases before foreign arbitration tribunals or with foreign parties.

TERMS OF SALE AND DELIVERY

Kromann Reumert's insurance and tort law group offers advice on the preparation of terms of sale and delivery, including:

  • Drafting of provisions on defects complaints and remedies for breach
  • Liability for third-party injury (product liability)
  • Drafting of limitation clauses
  • The correlation between limitation clauses and public liability insurance

Contacts within Insurance and Tort Law