Dr. Boris Derkum

Full Profile

Boris is an expert in insurance and liability law. He has a particular focus on product liability, construction, D&O and property acting as coverage, monitoring and defence counsel. Furthermore, Boris represents his clients in domestic and international litigation and arbitration proceedings.

As part of his academic studies, Boris was a research assistant at the Institute for Insurance Law at the Heinrich Heine University in Dusseldorf, with which he maintains a close working relationship. Before joining Clyde & Co, Boris practiced law at a leading German construction law firm, where he advised on construction and real estate as well as on financing issues. Boris holds a doctorate degree in contract and liability law and is author of various further publications in insurance law.

Education:

• German law studies at the University of Dusseldorf 
• Research assistant at University of Dusseldorf
• Dissertation on contract and liability law with Professor Dr Dirk Looschelders
• Legal clerkship at the Higher Regional Court of Dusseldorf

Experience

• Advising various insurers as member of Clyde & Co's German Covid-19 task force on a broad range of insurance and reinsurance issues, including property / BI, business closure, contingency and general liability
• Representing insurers as coverage counsel in domestic and international property and construction matters
• Handling large-volume indemnity claims and recourse actions in connection with property and business interruption policies, eg regarding a fire in a space research centre, a shut down of a data centre and subsequent losses etc.
• Advising on property issues in connection with luxury hotels
• Acting as coverage counsel under aviation policies
• Defending clients regarding product liability claims in the automotive sector
• Representing insurers as monitoring counsel regarding D&O claims in the solar energy sector in relation to a US dispute for roughly USD 800 millions
• Acting as monitoring counsel in complex coverage disputes in the field of professional indemnity, eg in mass proceedings on distributed investment products against auditors, lawyers and tax advisors
• Advising insurers on coverage regarding CumEx-transactions
• Advising an European insurer in connection with its withdrawal from the German market in the automotive sector and handling various court proceedings including liability and premium claims, preliminary injunctions and appeals