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Dr Thomas Fausten

Of Counsel
Cologne
About

Dr Thomas Fausten has vast experience in insurance and reinsurance law as well as in commercial/contract law.

He focuses on product liability, financial lines, private international law and auditing. He has many years of professional experience in managing functions with various international and large insurance/reinsurance companies.

Areas of FocusInsuranceLitigation, Arbitration and InvestigationsRegulatory and Government Affairs
Professional QualificationsRechtsanwalt admitted with the Rechtsanwaltskammer Munich

EXPERIENCE

  • Handling of a large German D&O-claim involving a media entrepreneur and a German bank.*
  • Representation of a reinsurer in large product liability/product recall case (cholesterol drug) of a German pharmaceutical company.*
  • Representation of Austrian aircraft engine manufacturer in multiple lawsuits brought in the United States regarding wrongful death.*
  • Administration of a D&O claim resulting from the merger of a German car manufacturer with a US automotive company.*
  • Advising of the cedents in connexion with a product tampering case of a French manufacturer of silicone implants.*
* Denotes experience from a previous firm

Education

Doctor of Law, University of Bielefeld, 2001

German University of Administrative Sciences Speyer, 1987

City of London Polytechnic, 1987

Bar Examination (German Bar), Munich, 1987

University of Regensburg, Law Diploma, 1984

University of Cologne

Languages
  • German
  • English

Awards & Recognitions

  • Legal 500 Germany 2021: Recommended for insurance: insurance litigation

Publications

  • "The questionable usefulness of subsidiarity clauses in insurance contracts", in: Grote/Rixecker/Wandt (eds.), Versicherung in Recht und Praxis, Festschrift für Theo Langheid, Munich 2022, pp. 147-159.
  • Note on judgement: GmbH-Rundschau 06/2022, R 84, Spotlight article - First judgement of the BGH on business closure insurance - BGH v. 26.1.2022 - IV ZR 144/21.
  • Textbook/Muenchener Kommentar, German Insurance Law; sec. 10 to 18 VVG (General Part); Editors: Dr. Theo Langheid/Prof. Dr. Manfred Wandt; Publ.: C.H. Beck, Munich (2022, 2016, 2010).
  • Review: Kevin Bork, Tension of Reinsurance: the subsequent obligation of the reinsurer in the light of the regulatory discretion of the primary insurer (Mohr Siebeck, Tübingen 2020; zugl. Diss. Frankfurt/a.M. 2019), in: VersR 2020, 535.
  • “Global Warming and Liability Insurance - Search for a New Deep Pocket”, Produkthaftpflicht international (PHi) 2019, 42.
  • “Interpretation of Claims Series Clauses by Courts and the Effect on Reinsurance”, VersR 2018, 457.
  • “Misalignment between Claims Series Clauses in Primary and Reinsurance Contracts”, VersR 2017, 1057.

Seminars

Thomas regularly lectures at conferences both in Germany and abroad.

  • Covid 19 pandemic - Current problems of primary insurance and reinsurance, Seminar, University of Münster, 26 October 2021
  • “Funding Shortfall in Reinsurance - The Hidden Risk: Misalignment between Claims Series Clauses in Primary and Reinsurance Contracts”, Reinsurance Contracts Expert Circle - Swiss Re Europe Client Conference, Munich, 17/18 May 2017

Prior Experience

  • 2001 - 2017: Director at one of the world's leading providers of reinsurance and insurance solutions
  • 1994 - 2001: Senior Manager at a former German insurance company
  • 1988 - 1994: Senior Manager at one of the world's largest publicly traded property and casualty insurance companies (amongst others, professional activities in the US and UK)

Memberships And Affiliations

  • DAV - Deutscher Anwalt Verein e.V. (German Bar Association)
  • DIS - Deutsches Institut für Schiedsgerichtsbarkeit (German Arbitration Institute), Cologne
  • ARIAS (Europe) - Reinsurance and Insurance Arbitration Society of Europe e.V.

Connect

Phone

+49 221 277 277 109
(Work, Cologne)
+49 172 17 18 148
(Work)
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