Tariff change brokers provide prohibited legal advice – but not always!

– When is liability for damages and reimbursement of remuneration regularly incurred ? – The Regional Court (LG) Saarbrücken decided in its judgement of 17.05.2016 (Az. 14 O 152/15) that the search for savings possibilities with existing private health insurance (PKV) is not directed at the proof or mediation of an insurance contract, § 204 […]

Lawyer for distribution law in Munich

The distribution right as a framework for determining sales In a world oriented towards sales and distribution, with internationally organized markets and global exchange of goods, the distribution law forms the legal framework for regulating the distribution of goods at the national and international level. The distribution law does not describe a “set of legal […]

Systematic change of status from insurance agent to broker

– How can legal assistance after a house search also have a mitigating effect? – An insurance tied agent may seek advice from a management consultancy, for example, analyse his stocks in order to improve his sales – provided that the regulations on data protection and professional secrecy are observed, § 203 StGB. Creative broker […]

Insurance obligation in the KV? Part 1

On 15 July 2015, the Federal Financial Supervisory Authority (BaFin) issued a statement on foreign private health insurance (PKV), including considerable legal errors. “And just don’t say one thing, “I will do this tomorrow,” unless (you add) “If God wills it.” And remember thy Lord, when thou forgets, and say, “Perhaps my Lord will guide […]

Permits for guardianship of minors, care and administration of the estate

Permits for guardianship of minors, care and administration of the estate Introduction A legal guardian can be appointed for an adult: Legal guardianship leads to legal guardianship, § 1902. The guardianship court may appoint a voluntary guardian (lay guardian) or a professional guardian. The appointment of a suitable volunteer supervisor is a priority. The volunteer […]

Sales success or wasted legal additional income with the insurance broker?

– When insurance brokers can receive fees in addition to brokerage –   “Tine flies like an arrow. Fruits flies like a banana.” (Groucho Marx) For decades, insurance brokers have competed with business and tax advisors, legal counsel, and insurance consultants. In this context, comprehensive insurance advice as pure legal advice is (also) part of […]

Think about later beforehand

The liability of “freelance” agents and salaried insurance agents Dr. Johannes Fiala, Munich, and Peter A. Schramm, Frankfurt am Main If the insurance company has assumed unlimited liability for an exclusive agent or multiple agent, no permission is required to act as an intermediary – registration by the insurer is more or less a formality. […]

Choice between plague and cholera

The Federal Fiscal Court (Bundesfinanzhof, BFH) has ruled that the VAT-exempt activity as an insurance intermediary consists not only in seeking customers but also in bringing them together with the insurer. As the Federal Fiscal Court stated in its ruling of 6 September 2007 (Ref. V R 50/05), the terms insurance agent and insurance broker […]

Value added tax liability for valve solutions

Value added tax in the insurance mediation – current iurisdiction * – Outsourcing, fee-based consulting, tipster, valve model, sales service and support *by Dr. Johannes Fiala, Lawyer (Munich), MBA Financial Services (Univ.), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Banker (www.fiala.de) and Dipl.-Math. Peter A. Schramm, expert for actuarial mathematics (Diethardt), actuary DAV, publicly […]

Professional self-insurance or health support fund

– Supervision-free alternatives to private health insurance – I. Distinction from insurance business subject to prudential supervision A widespread – and erroneous – view is that anything that somehow falls within the scope of insurers’ activities must be insurance subject to licensing. Even very obvious examples show that this obviously cannot be the case. For […]