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Insurance Law

Insurance policies are an important part of our precautionary plans. Throughout our lives, we enter into various such contracts. Whether it is private health, disability, personal liability, or homeowners insurance, disputes can always arise between the contracting parties during the settlement of such cases.
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Insurance Law
Disability Insurance

An accident or illness can result in you being unable to perform your job either completely or partially. To protect yourself in such a case, you should consider taking out a disability (supplementary) insurance policy. From such a contract, insured individuals can claim a monthly pension if they are likely to be permanently unable to perform their last job. Disability is generally defined as being able to perform no more than 50% of the previous work. There are often problems proving the illness and the degree of occupational impairment: insurers frequently reject a disability claim, arguing that the contractual requirements have not been met.

The right steps can be taken during the application process. Therefore, we recommend that you seek legal advice early on. Our team of experts is available to provide you with competent advice. We also assist you with the continuation of disability pension payments. Here too, potential review procedures can present difficulties that you should not tackle without professional support.

Liability Insurance

Liability insurance comes into play when policyholders are held liable or claimed against for damages by third parties, for example, if a person is injured or property is damaged. In such cases, liability insurers protect policyholders by either satisfying legitimate claims of the injured parties or defending against unjustified demands.

The range of liability insurances offered is as diverse as the associated risks. Insurance coverage is always provided only for a specific insured liability risk. Issues can arise both in determining the liability of policyholders and in coverage by insurers. After all, liability-related questions can also impact the coverage relationship.

Our expert team reviews your contracts and provides advice on your individual risks and options.

Household Insurance

Most items in your house or apartment are dear to you. To protect them, a household insurance policy is advisable. If your personal belongings are damaged, destroyed, or lost due to fires, storms, water damage, or burglary, the resulting losses can be compensated.

However, insurers may unjustly reduce or even deny payments. You should not accept this without question. Our experts are here to support you: We review your individual case and show you ways to fight back.

Life Insurance and Private Pension Insurance

The primary purpose of life insurance is to provide financial protection in the event of death during the policy term. With a pension insurance policy, the risk of uncertain life expectancy during which the pension is to be received is covered. You can also protect yourself against other risks through disability, long-term care, and dread disease insurances – either in a standalone contract or as a supplementary insurance.

Especially in times of low-interest rates, insurers can no longer deliver the once-projected returns. This may prompt you to consider exiting the contract. We recommend not simply canceling it. In many cases, it is advisable to exercise your right to objection or withdrawal: this allows you to reverse your contract and recover a significant amount of money.

If the insurance company did not properly inform you about your right to object, withdraw, or cancel, many life and pension insurance contracts can be revoked – even those from over 20 years ago. This means that you can still get your money back today. Therefore, have your contracts reviewed. We are happy to calculate your claims and enforce them on your behalf.

Private Health Insurance

The regular  premium increases by private health insurers are a nuisance for many  policyholders. When certain calculation bases change permanently over time  and the insurer's ordinary right to terminate is excluded, premium  adjustments occur. This necessitates a recalculation. The premium that  policyholders must pay is adjusted to the new calculation basis – and is  usually higher.    You can fight this: for a premium adjustment in private health insurance to  be valid, certain formal and material requirements must be met (§ 203 VVG and  § 155 VAG). If an adjustment is invalid, you are entitled to a refund of the  excess premiums paid.    You can reclaim your money. Don’t let your potential refund claims expire.  We will review your contract history and advise you on your options.

Accident Insurance

The statutory  accident insurance does not cover accidents that occur in the private sphere;  this gap is filled by private accident insurance. It can be taken out as a  standalone policy, as supplementary insurance with a life insurance policy,  or as motor vehicle accident insurance. It is often sold in combination with  other products, such as a credit card agreement.    An insured accident event is defined as a sudden event from an external  source impacting the body of the insured person, causing injury without their  will.    Various insurance benefits can be agreed upon, such as disability benefits,  transitional benefits, daily allowances for impaired work performance,  sickness benefits, or death benefits.    To ensure you do not miss any deadlines, engage us early to review your  case. We are happy to inform, advise, and represent you.

Residential Building and Natural Hazard Insurance

Property owners  understand the indispensability of building insurance. Damage to structures  can quickly become costly. If a property is damaged by fire, water, storm, or  hail, building insurance is essential. An elemental insurance policy helps  with damage caused by natural disasters, such as floods, heavy rain, or  earthquakes. Besides covering the costs of damage remediation, it also covers  demolition and cleanup costs as well as loss of rental income.    Handling such damage claims can lead to numerous problems. It is common for  insurers to deny the agreed-upon benefits, citing risk exclusions or existing  underinsurance, accusing policyholders of breaching obligations, or paying  only a small portion of the damage.    To avoid mistakes that insurers could later exploit in a legal process, we  recommend you seek immediate advice from our experts in these cases. We are  here to assist you.

Our Experts for this Specialty

Dr. iur. Jan-Michael Rädecke LL.M.

Partner, Lawyer, Specialized Lawyer for Banking and Capital Markets Law, Specialized Lawyer for Tax Law

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Sandra Mora Berlin

Lawyer, Specialized Lawyer for Insurance Law, Specialized Lawyer for Banking and Capital Markets Law

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Financing of aircraft

If you are financing the acquisition of the aircraft through a loan or leasing arrangement, we can optimally advise you on the transaction. This includes drafting and negotiating a financing agreement suitable for your purposes, as well as addressing potential liens and other security arrangements.

Additionally, we coordinate the processes between you as the buyer, your bank, sellers, and operators. We ensure that the requirements of the credit institution for loan disbursement can be met so that the purchase price can be paid upon the technical acceptance and delivery of your business jet.

Our team has advised on aircraft financing worth 5.6 billion EUR. Moreover, we collaborate with the experienced and ideal partners.

Import / VAT on Aircraft

When buying and selling aircraft from and to the European Union, import sales taxes and customs duties may apply. This must be properly declared as soon as the aircraft lands at the first customs airport. Otherwise, your VAT refund could be jeopardized when the aircraft is used for business purposes and, depending on where it is handed over, further transaction duties may be incurred. Based on our many years of experience with the export and import of aircraft, we optimize both your transaction and the handover of your business jet.

Registration of Aircraft

For the registration of your aircraft, you need to complete and submit numerous documents. Whether you want to register your business jet under the flag of the Channel Islands, the Virgin Islands, or with the Luftfahrt-Bundesamt (LBA) in Braunschweig, Germany – we advise and assist you in preparing the necessary documentation and registration.

Ownership and Management Contracts

Often, Owners are lacking the knowhow to maintain an aircraft in compliance with the regulations of the EASA (European Union Aviation Safety Agency) and the LBA (Luftfahrt-Bundesamt, German Federal Aviation Office), and let their aircraft be manageged by an AOC. If you decide to operate your aircraft through such an operator, this involves a variety of legal and economic questions. We assist you in answering these questions and in drafting the contracts.

Advice on the different operating forms (AOC, NCC)

We examine both the legal permissibility and the tax implications – depending on your intended owner flights, third-party charter for cost reduction, use for company transport within the group, or shared use with other co-owners. This includes topics such as VAT exemption, fuel tax, or operating costs as deductible expenses in special purpose entities.Additionally, we handle the mediation of optimal partners as well as the creation of the necessary contractual documentation for you. For example, in the use of a foreign Air Operator Certificate (AOC) or the implementation of the Continuing Airworthiness Management Organisation (CAMO).

Transaction consulting

For many owners and operators of business aircraft, as well as their legal advisors, neither the purchase nor the sale of the aircraft is part of their daily business. The risk of overlooking pitfalls in unfamiliar territory is high. Therefore, we take care of the smooth execution of the transaction.

Our advisory goal is to protect and represent your interests. This means more than just the concrete planning and documentation of the transaction: creative solutions must be developed, and the deal must be quickly brought to a close without getting bogged down in potential side issues. We accompany you every step of the way: from advising on technical questions before the purchase to tax issues and customs clearance.

We are at your service 24/7 to quickly complete your transaction. With over 150 transactions completed, we have a wealth of experience. Thanks to a fee cap and regular cost updates, you always have an overview of your cost volume with us. Additionally, we collaborate with Germany's largest independent aircraft broker: BAS – Business Aviation Services.

Formation of SPCs

To separate liability, aircraft are often not operated within the owner's operational company but through dedicated holding entities. Together with our notaries, we provide all the necessary services from a single source, guiding you through the entire process—from establishing a national or international special purpose company to legally connecting it with the aircraft owners.

Dr. iur. Alexander Nefzger

Partner, Lawyer, Notary, Specialized Lawyer for Commercial and Corporate Law, Specialized Lawyer for Inheritance Law

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Matthias Reuleaux, LL.M.

Lawyer, of Counsel

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David Meixner

Lawyer, of Counsel

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Edward Stoye

Lawyer, Specialized Lawyer for Commercial and Corporate Law

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Aircraft Damage Claims

When aircraft sustain damage, legal disputes with insurers can quickly arise. For instance, if a pilot makes errors during flight preparation leading to an accident, liability insurers may hold the pilot accountable, or hull insurers may refuse coverage due to alleged gross negligence. These cases often require judicial clarification to determine whether safety regulations were violated. Successfully asserting claims against insurers demands in-depth expertise in aviation and insurance law.

Aircraft Damage Claims

Wet-leasing, or ACMI leasing, involving the charter of aircraft along with crew, maintenance, and insurance, has become a critical operational model. Due to fluctuating and often short-term capacity needs of commercial airlines, coupled with supply chain delays from aircraft manufacturers, various forms of wet-leases have emerged to cater to these individual requirements. We tailor contracts to your specific needs, focusing particularly on ensuring quality standards regarding maintenance, crew qualifications, and financial security through performance guarantees.

Aircraft Leasing Agreements

In recent decades, the aircraft leasing market has experienced significant growth. Large leasing providers offer aircraft to commercial airlines in various forms under complex and extensive contracts. We delve into this intricate field to craft solutions that align with your interests, addressing delivery and redelivery conditions, usage scope, and responses to contract violations (default situations). Additionally, we coordinate the execution and implementation of agreements to secure optimal outcomes for you.

Employment and Freelance Contracts for Pilots

Navigating the intersection of labor law and aviation law requires specialized knowledge. For example, the definition of travel to the home base differs under labor law compared to FRMS (Fatigue Risk Management Systems). Determining whether a pilot is an employee or a freelance operator hinges on nuanced legal precedents. Our labor law team advises various commercial aviation companies, helping you address these complexities without stumbling.

Maintenance Agreements

Maintenance forms the cornerstone of safe flight operations. We provide counsel on framework agreements for base and line maintenance, negotiating contracts for the supply of technical components and avionics to ensure reliable operations.

Corporate Law

As the legal counsel of GATE e.V., we are closely connected to the recurring legal challenges that affect your business. This enables us to provide swift, cost-effective, and well-founded advice. Whether you are a foreign corporation seeking guidance on legal matters for your subsidiary in Germany, drafting a framework supply agreement, or requiring tailored terms and conditions for your procurement processes, we have the right solution at hand. The German Aviation Security Act holds no surprises for us, and we navigate the intricacies of an airside vehicle just as confidently as we handle vertical baggage conveyors.

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