1. Insuring Your Finance Executives Can Make Them Personally Liable for a Fraud Loss
A finance executive sent 59 wires in 25 days to fraudsters posing as his boss. A German appeals court says he owes his employer for the loss, and the reason it gave is the insurance policy the employer bought to protect him.
In July and August 2024, the head of global treasury, the executive who manages the company's cash, at a German carbon-black manufacturer made 59 transfers totaling more than €50 million to fraudsters. They had spoofed his supervisor's number from the company directory, told him he would run a new subsidiary in Asia, and moved the instructions to a messaging app on his private phone. He never checked with his supervisor, and he skipped the company's rules on payment approval and private messengers. The court did not name the company.
On July 31st the Cologne state labor appeals court upheld his dismissal and ordered him to repay the transfers, minus what the company has recovered. It found gross negligence: he had watched a training video on CEO fraud, and a financial manager at his level should have confirmed the instructions with his supervisor in person.
German employment law normally shields an employee from the full cost of a workplace mistake. Courts scale the loss to fault, nothing for slight negligence, a share for ordinary negligence, and the full loss for gross negligence. Even then they can reduce it if the amount would ruin the employee, and the court accepted that this sum was far beyond what he could pay. It refused to reduce it anyway. His employer pays for a directors-and-officers liability policy, the insurance companies buy against claims made personally against their managers, and the policy names him as insured, with up to $150 million of insurance coverage. The court's reasoning is that the protection exists to keep an employee from financial ruin, and this policy already covers that risk. The company can collect from him, and he can look to the insurer.
Whether the insurers will pay is disputed. His employer says they approved coverage while the case was under way; he says they made no commitment and are still examining the claim. The court put the burden on him to show the policy will not pay, and said that waiting on the insurers' answer does not meet it. It allowed an appeal to Germany's Federal Labor Court, and one is pending.