| Abstract: | The paper provides an overview of current legal issues with regard to the environmental damage insurance, which exists in Germany since 2007. At the center of the observation are limitations of coverage, in particular the requirement of a malfunction of the business operations, the exclusion of qualitative risk changes and the cost deduction clause. In addition, the article deals with some issues of interpretation as well as of delimitation with regard to further insurance policies. By way of introduction the basics of the German Environmental Damage Act (USchadG) and its underlying EU Directive are shown. Finally, the authors discuss the question whether the environmental damage insurance should be configured as an obligatory insurance in the future. |
