May tipsters be contractually bound to a brokerage firm or agency?

From the series of newsletters of the DHBW (Baden-Wuerttemberg Cooperative State University) Heidenheim on the topic “Mediation Law in Practice”: At this point, lawyer Dr. Johannes Fiala, https://www.fiala.de, lecturer for insurance law at the DHBW Heidenheim, will answer your questions. Questions can be asked by emailing ott@dhbw-heidenheim.de. Tipsters are persons who are not registered in […]

Federal agency omits legal fortune imputation with Rürup savers – employment agency ignores will of the legislator

– How insurers’ lies are believed and harm the middle class by the millions – No security for imputation due to Hartz IV and other social benefits In an admirable act of lobbying, life insurers have succeeded in persuading intermediaries, customers and even the Federal Employment Agency that the capital saved for Rürup pensions would […]

Commercial agents and commercial agency law

Clear rules for successful cooperation Commercial agents initiate business in the name of and on behalf of businesses and companies and conclude transactions for them on a commission basis. Here the representatives are in arenot in a dependent employment relationship with the commissioning company, but work as a independent traders on their own responsibility. So […]

Does the Federal Agency permit double collection of short-time work benefits (KUG) and full closure insurance (BSV) ?

Short-time work compensation (KUG) is only available as a subsidiary social benefit under the Third Social Security Code. According to legal regulations, benefits or insurance contractual legal claims from a business closure insurance (BSV) are credited, i.e. deducted. This is now said to have changed temporarily by an order of the Federal Institute for Salaried Employees (BA). Really?

You should take this into account when revoking your life insurance contract

Pursuant to § 7 Para. 1 of the German Insurance Contract Act (VVG 2008), insurance companies must inform their customers in text form of the “contractual provisions, including the general terms and conditions of insurance, as well as the information specified in a statutory instrument pursuant to Para. 2” before concluding a contract.   This […]

Insurance brokerage contract: typical traps and invalid clauses

*by Dr. Johannes Fiala, Attorney at Law (Munich), MBA Financial Services (Univ.), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Lecturer for Civil and Insurance Law (BA Heidenheim, Univ. of Cooperative Education), (www.fiala.de) and Dipl.-.Math. Peter A. Schramm, expert for actuarial mathematics (Diethardt), actuary DAV, publicly appointed and sworn by the IHK Frankfurt am Main […]

On the brutal pedagogy of brokerage contracts, maximum liability sums and VSH reinsurance

[expert network] Dear Mr. Fiala, brokerage contracts are offered as a service by pools, working groups, associations and distributors. From your point of view, were there any anomalies? (John Fiala) I have noticed that numerous sample contracts contradict each other in terms of content. Spot checks show that any text patterns were copied from form […]

Compulsory acceptance / Compulsory contracting – Insurance customer

Insurer rejects a client of the insurance intermediary An insurance agent gets annoyed when “his” insurance company rejects a client’s application. A lot of work – no commission. Then the question of compulsory acceptance / compulsory contracting arises – can the intermediary or the customer force the insurer to accept the application? Principle: A compulsion […]

VSH group contracts – Attention distributors and intermediaries!

06/16/2006 (wmd). Since the latest information on the draft bill on the implementation of the EU directive, which is now also about to be implemented in Germany, RWB has been receiving an increasing number of enquiries on the subject of pecuniary loss liability on a daily basis. At the same time, the same desire is […]

Forms and legal classification of leasing contracts I

by Johannes Fiala, lawyer 0. Introduction Both real estate and movable assets (movables) can be considered as objects for financing via leasing. In the management of real estate there is always the acquisition of equipment, machinery, vehicles, where the question of financing arises. This article gives an overview in its three parts and thus helps […]