Proposed transfer of Zurich liability insurance policies for architects and engineers to DARAG Deutsche Versicherungs- und Rückversicherungs-AG

The following information is of interest for you, if you are holding professional liability insurance cover for architects or engineers, insured (or co-insured) by the German Branch of Zurich Insurance plc (“Zurich”). Even if such policy has expired or was cancelled, you as the policyholder may continue to be covered by the insurance for events taking place during the term originally insured. This website provides you with information relevant to you as a policyholder.

DARAG Deutsche Versicherungs- und Rückversicherungs-AG (“DARAG”) are proposing to accept the transfer of the portfolio of German architects and engineers policies (the “Transfer”). The Transfer comprises two types of policies: (i) policies that expired by 1 October 2017 or for which the cancellation became effective by 1 October 2017. Independent of this cut-off date, (ii) all policies concluded exclusively for specific projects (e.g. an insurance policy relating to one specific construction project).

As Zurich is an insurance company incorporated and authorised in Ireland, which conducts business in Germany through a branch registered in Germany, the Transfer of the policies concerned will be carried out by a transfer of the portfolio under Irish law and European law. The Transfer requires the approval of the High Court of Ireland (the Court).

The court hearing to approve the Transfer is scheduled to take place at the High Court of Ireland, Four Courts, Dublin 7, Ireland on 16.06.2020. If approved by the Court, the Transfer is expected to take place on 30.06.2020.

Who is DARAG?

DARAG is a German direct insurer and reinsurer under the supervision of the German Federal Financial Supervisory Authority (“BaFin”). The company specializes in the administration of insurance contracts with expired insurance periods. DARAG acquires insurance portfolios from other insurers and ensures, with particular regard to the interests of the insureds, that claims are properly settled until the last insurance claim has been satisfied. DARAG is a member of the DARAG Group which operates in Germany and internationally. Further information can be found on the website at www.darag-group.com.

What is a portfolio transfer?

In the event of a portfolio transfer, the customer receives a new contractual partner, but nothing else changes in the contract relationship itself. The Transfer requires the approval of the Court and the insurance supervisory authorities Central Bank of Ireland (“CBI”) and BaFin. This ensures that the interests of the customers are fully safeguarded.

What does the Transfer of the insurance contracts mean for you as a customer of Zurich?

In the following paragraphs, you will find answers to the most important questions. Please find documents relating to the Transfer in the below transfer document library.

Can I object to the transfer of my contract/claim for damage?

Under Irish law which is applicable to this Transfer, policyholders have the right to be heard before the Court and to object to the Transfer.

In addition, under German law which is also applicable here, there is a special right for the customers to terminate their insurance policy within one month after receipt of a notification by the acquiring insurance company on the completion of the Transfer. Such termination is possible in case the responsible regulatory authority for the respective insurance policies changes, like in the case at hand where BaFin becomes the successor of the CBI.

In this context, please note that all rights and obligations of Zurich arising from the insurance contracts in relation to the policyholders are transferred to DARAG with the Transfer. Thus, no disadvantages arise for you.

The overall aim of this website is to provide information and help answer any questions about the impact of the Transfer and the Transfer process.

The High Court of Ireland approved this transfer on June 16th, 2020 after the Central Bank of Ireland (CBI) had no objections on June 5th, 2020. In addition, the Federal Financial Supervisory Authority (BaFin) approved the transaction on June 18th, 2020. The transfer was completed on July 1st, 2020.

DARAG will update this web page as soon as possible if and when any changes occur in relation to the Transfer to keep you up to date with developments, so please check this web page regularly.

 

Transfer documents:

1. The Petition English Deutsch
2. Notice (as advertised) English Deutsch
3a. Report of the Independent Actuary English Deutsch
3b. Supplemental report of the Independent Actuary (Upload 29.05.2020) English Deutsch
4a. Letter from Zurich Insurance plc (Zurich) to policyholders in relation to the Scheme English Deutsch
4b. FAQs for Zurich policyholders English Deutsch
4c. Letter from Zurich to Insurance Brokers or Agents English Deutsch
 4d. Letter from Zurich to Co-Insurers English Deutsch
5a. Letter from DARAG to former claimants Englisch Deutsch
5b. Letter from DARAG to policyholders and claimants Englisch Deutsch

Information for policy holders and claimants persuant to Art. 14 GDPR

Contact


Who will be my contact person for data protection in future?

As a German company, DARAG is subject to the same German and European data protection regulations as Zurich and will continue to apply them in future. Your personal data will be processed by us exclusively in accordance with the applicable data protection regulations.

If you should have any questions or would prefer to receive the information in print, please contact us under the following contact details:

DARAG Deutsche Versicherungs- und Rückversicherungs-AG
Europa Passage
Hermannstrasse 15
20095 Hamburg, Germany

Phone: +49 40 300 928 267
Email: questions@darag-group.com

You can reach our data protection officer by email or post under the following contact details:

FIRST PRIVACY
Peter Suhren
Konsul-Smidt-Strasse 88
28217 Bremen, Germany

Email: office@first-privacy.com
www.first-privacy.com


From 1 April 2020, Pro will assume responsibility for the handling of current and new claims for the policies concerned. With regard to ongoing claims, Pro will contact you and/or your insurance broker directly. From 1 April 2020, enquiries relating to ongoing claims can be sent to the following address:

Pro InsuranceSolutions GmbH
Hohenzollernring 14
50672 Köln, Germany

Phone: +49 221 499380 70
(Mon to Fri from 8:00am – 17:00pm)
Email: Architektenhaftpflicht_Zurich@pro-global.com