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Liability and compulsory insurance regulations in another Member State

Gültigkeitsgebiet: Bundesweit

Quick info

If you want to take out liability or compulsory insurance in another Member State, you will find the relevant information here.

Description

professional liability insurance

Anyone who takes up employment in certain professions in Germany has the obligation to take out liability insurance, which can result from the exercise of the activity. Such damages can include personal injury, property damage, and financial loss. Such insurance is called a professional liability insurance.

Affected are professions whose exercise involves a increased risk is intended to cause harm to other people. The obligation to take out professional liability insurance as well as other regulations, cases of damage, coverage amounts, etc., are regulated differently between individual professions and, in the case of individual professions, also between federal states. In particular for the following professional groups, there is a federal legal basis for liability insurance:

  • Security guard industry pursuant to Section 34a (1) no. 4 of the German Trade Regulation Act (GewO)
  • Debt collection agency pursuant to Section 12 Paragraph 1 No. 3 RDG
  • Notaries according to Section 19a of the Federal Notaries Act
  • Lawyers pursuant to Section 51 of the Federal Lawyers' Act (BRAO)
  • Tax advisor pursuant to Section 67 of the German Tax Consultancy Act (StBerG)
  • Public Auditor in accordance with Section 54 of the German Public Accountant Act (WPO)

In addition to, and possibly also alongside federal regulations, requirements may also arise from state-law or professional regulationsresult in.

Examples of this include:

  • Architects, for example, Paragraph 1, Number (9) of the Professional Code of Conduct of the Baden-Württemberg Chamber of Architects
  • Pharmacists, for example, pursuant to Article 18, Paragraph 1, Number 4 in conjunction with Article 59, Paragraph 1 of the Bavarian HKaG
  • For example, doctors (§ 21 of the (Model) Professional Code for Physicians in Germany)
  • Engineers, for example, Section 11 NIngG)

Additionally, can also insurance obligations of certain legal forms are subject to.

Commercial liability insurance

To be distinguished from a professional liability insurance is a Commercial liability insurance. This extends to the liability of the persons authorized to represent the company as well as the persons who are in an employment relationship with the company.

professional indemnity insurance

Furthermore, there is the professional indemnity insurance. This refers to financial losses caused by professional activity that are not the direct result of personal injury or property damage. 

Which Types of risks mandatory insurance Coverage depends on the respective insurance policy.

  • Professional liability insurance covers errors or negligence in the performance of professional duties or business operations.
  • General liability insurance covers damages arising from torts. This is a general third-party right to damages incurred in the exercise of a profession or business activity.

Legal basis

The basis for the insurance industry is Insurance Contract Act (VVG)

further information

Additional information can also be found via competent chambers and professional organizations be accessed.

Information on statutory compulsory insurance in other countries can be found on the GTAI Portal can be found via the search function using the keyword „Pflichtversicherung“.

These support services assist you in exercising your rights and fulfilling your obligations in the European Single Market.

Technical approval

Federal Ministry for Economic Affairs and Climate Action

Stichwörter

  • law of damages for third parties
  • Insurance obligations
  • Commercial liability insurance
  • compulsory insurance regulations
  • professional liability insurance
  • professional indemnity insurance