Betriebsversicherung und Insolvenz

The initiation of insolvency proceedings against the policyholder’s assets gives rise to complex legal questions at the intersection of insolvency and insurance law. Central to this field is how the insolvency affects the continuation of the insurance contract and the resulting claims. A clear tension emerges between the insurer’s individual interests and the collective interests of the insolvency mass: while insurers often seek to dissolve the precarious contractual relationship with the insolvent debtor, the insolvency administrator will typically aim to preserve the insurance coverage for the benefit of the insolvency mass. The thesis at hand explores this tension, offering not only concrete solutions but also new insights into previously unaddressed questions.