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Please make sure you view the key information alongside your search results. This section details information that must be considered before accepting a risk in the chosen territory.

Disclaimer: Crystal is provided for information purposes; it does not constitute solicitation of business and is not intended to be a substitute for appropriate professional advice.

Germany** Please see Lloyd's Authorisation for details of Lloyd's licensing status

Pre-placement considerations

Lloyd's authorisation

Insurance 

Lloyd’s underwriters are authorised to write: 
  • All classes of insurance from this territory on a freedom of services basis, and
  • All classes of insurance in this territory on an establishment basis.

Lloyd’s underwriters can accept insurance for the classes listed below, either on a freedom of services or establishment basis:

Last updated: 20 Apr 2018


Reinsurance

Lloyd's underwriters are permitted to write all classes of reinsurance business originating in this territory.
Last updated: 20 Apr 2018

Definition of risk location

A risk is located in a European Union or European Economic Area member state if it is:

Insurance

(a) A building (and its contents issued under the same policy) situated in that member state.

(b) A motor vehicle, ship, yacht or aircraft registered in that member state.

(c) A travel policy for four months or less taken out in that member state.

For any other type of insurance (including a life insurance) it is a risk of this member state if the insured is habitually resident in the member state or a business or an organisation if the establishment to which the contract relates is situated in that member state.

Reinsurance

A reinsurance of an insurer located in that member state.

Note: The definition of a German risk for premium tax purposes is wider. Taxes and similar charges are imposed on insurance of German risks as defined above, and on any insurance of moveable property normally contained in a building in Germany (other than goods in commercial transit). This is the case even if a separate policy covers such contents for the account of a non-resident.

For general guidance on identifying the location of a risk please refer to the risk locator.

Last updated: 20 Apr 2018

Compulsory classes

There are a large number of compulsory insurances in Germany. Some of them are listed below.

Third party liability for:

  • Motor vehicles.
  • Aircraft operators.
  • Airline (passenger accident).
  • Companies operating private railways, rack railways and tele-hoist companies.
  • Pharmaceutical products, laboratories for genetic engineering.
  • Nuclear operators and holders of nuclear or radioactive material.
  • Hunters.
  • Shipowners in respect of oil pollution.
  • Accountants, notaries and lawyers.
  • Tax advisers and tax agents.
  • Transport of goods by road.
  • Security firms.
  • Plants pertinent to water and environmental protection acts.
  • Nursing and midwifery schools.
  • Estate agents and builders.
  • Funfair operators.
  • Clinical trials.
  • Travel operator insolvency insurance.
  • Officially appointed motor vehicle traffic experts/inspectors.
  • Hauliers and removers. 
  • Insurance intermediaries.
  • Financial investment intermediaries.
  • Animal feed manufacturers.
  • Security personnel on ocean-going vessels.
  • Architects.
  • Real estate management for residential property, with effect from 1 August 2018.

Other compulsory insurances:

  • Development aid bodies must take out third party and sickness insurance for their voluntary workers.
  • Chimney sweeps must carry life insurance. 
  • Workers' compensation (state scheme). 
  • Compulsory property insurances are fire insurance for warehouse operators; fire insurance for buildings used as collateral for loans; fire, theft and water damage insurance for pawnbrokers. (This list is not exhaustive.)
  • Public liability for vessels licensed to carry more than 12 passengers in respect of injury to passengers and damage to their luggage, where the vessel is registered in Germany or is registered in another country and enters a port in Germany.

The above lists are not exhaustive. There is a list of all compulsory insurances on the website of the insurance regulator, BaFin, in German and in English. The list covers compulsory insurances under federal law and regional law.

Last updated: 20 Apr 2018

Class specific regulations

What's new

German Financial Supervisory Authority allows coverage of ransom payments in cyber policies. Please refer to crystal for more information.
Kidnap and ransom and product extortion insurance
Last updated: 20 Apr 2018


Routes into Lloyd's

Coverholders

Lloyd's requirements for a coverholder carrying on German business on behalf of a Lloyd's managing agent

Every coverholder approved to accept German risks must comply with all applicable legislative and regulatory requirements, as well as Lloyd's requirements set out below.


Binding authority held by a coverholder in Germany
Last updated: 20 Apr 2018

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Binding authority held by a coverholder outside Germany, in another EEA Member State
Last updated: 20 Apr 2018

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Binding authority held by a coverholder outside Germany and outside the EEA
Last updated: 20 Apr 2018

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Reinsurance
Last updated: 20 Apr 2018

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Open market correspondents

The Open Market Correspondent (OMC) approval process does not apply in this territory.

The following must be noted.

Open market business via a German intermediary, dealing directly with Lloyd's or with a Lloyd’s broker

  • The intermediary does not require Lloyd’s approval or registration.
  • The intermediary must be a registered intermediary in Germany.
  • The intermediary's name, address and lines of business to be produced must be submitted to the Lloyd's General Representative for Germany. This requirement extends to providing this information in respect of all intermediaries included in the producer chain and is for commercial purposes.

Open market business via an intermediary outside Germany in the EEA, dealing with a Lloyd's broker

  • The intermediary does not require Lloyd’s approval or registration. However, it must operate in accordance with German law and regulation.
  • It must be a registered insurance intermediary in its home state.
  • It must have passporting approval for Germany if it is going to conduct insurance mediation activity in the territory.

Open market business via an intermediary outside Germany and outside the EEA, dealing directly with a Lloyd's broker

  • The intermediary does not require Lloyd’s approval or registration.
  • The intermediary must not engage in insurance mediation in Germany.
  • The intermediary must deal with customers in Germany only via an insurance intermediary that is either registered in Germany or registered in another EEA member state and with passporting authorisation for Germany.

Reinsurance

  • A reinsurance intermediary carrying on reinsurance mediation in Germany must be either registered there or have passporting approval for Germany.
Last updated: 20 Apr 2018

Intermediary regulation

Legislation
Last updated: 20 Apr 2018

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Insurance documentation

Insurance documents

Contract certainty applies to general insurance contracts either entered into by a UK regulated insurer (such as Lloyd’s underwriters) or arranged through a UK regulated broker (such as Lloyd’s brokers based in the UK).

Lloyd's has developed Quality Assurance (QA) checks to help the market comply with this requirement.

Further information on contract certainty can be found on the Market Reform website.

Last updated: 20 Apr 2018


Approval of wordings
Last updated: 23 Apr 2018


What's new

New data protection clauses available. 
Data protection
Last updated: 05 Jun 2018


Market Reform contract guidance

This guidance on completing a Market Reform Contract (MRC) focuses on tax and regulatory checks.

It provides advice on completion of the Fiscal and Regulatory section, plus completion of headings in other sections relevant to fiscal and regulatory compliance.

The guidance below relates to insurance (ie not reinsurance).
Last updated: 20 Mar 2014


Choice of law

To meet contract certainty requirements, the insurance contract must contain a choice of law clause.
Last updated: 20 Apr 2018


Jurisdiction

To meet contract certainty requirements, the insurance contract must contain a jurisdiction clause.

The Revised Brussels I Regulation 1215/2012/EU applies and determines the jurisdiction applicable.

Insurance of large risks: The underwriter can agree with the insured the jurisdiction that will apply to the contract.

Insurance of mass risks: In the event of a dispute, the rules in the Revised Brussels I Regulation determine the EU member state(s), in which a party can bring an action.

Reinsurance: The underwriter can agree with the reinsured the EU member state whose jurisdiction will apply to the contract.

Last updated: 20 Apr 2018


Service of suit

Insurance

To meet contract certainty requirements, the insurance contract must contain a service of suit clause.

Establishment business: Lloyd's General Representative must be nominated for establishment policies.

Services business: Lloyd's General Representative may be nominated for services policies.

There is a standard service of suit clause LSW487 for use in Europe and this is available on the Lloyd's Wordings Repository.

Reinsurance

There are no requirements for reinsurance business.

Last updated: 23 Apr 2018


Lloyd's representation and other contact details

Lloyd's representative

Jan Blumenthal
Hauptbevollmächtigter / Lloyd's General Representative for Germany
Lloyd’s Versicherer
Niederlassung für Deutschland
Taunusanlage 11
60329 Frankfurt
Germany

Tel: +49 (0)69 7144 88 1 0
Fax: +49 (0)69 7144 88 1 99

E-mail: jan.blumenthal@lloyds.com
E-mail: lloydsfrankfurt@lloyds.com

Last updated: 20 Apr 2018