Empty hope: Beneficiary status through subscription rights in life insurance

The subscription right regulates who is entitled to the agreed benefit in the event of an insured event. Insured persons can determine their individual subscription rights in order to avoid disputes later on. Why can someone else become a beneficiary in case of doubt despite the subscription right?   Can subscription rights be revoked? The […]

Books / Technical articles

Publications – Technical papers Fiala/Schramm, Insolvency risk of British life insurers when relocating to Ireland, ExpertenReport, issue 7/2019, pages 60-62 Fiala/Schramm, When are insurers no longer obliged to pay benefits or can reduce benefits?Expert Report, issue 3/2019, pages 56-58 Fiala/Schramm, No insurance coverage in case of refusal to pay protection money, ExpertenReport, issue 11/2018. Pages […]

When revocation and/or amendment of a subscription right can fail

The Federal Court of Justice (BGH, ruling of 25.09.2019, ref. IV ZR 99/18) had to deal with the life insurance of a policyholder (VN) who had fallen into a coma in 1993 after an accident. The wife, who was divorced in 1994, was entitled to withdraw her claim. The father of the UN informed the […]

Subscription right in direct insurance

On the liability of insurance companies, agents and insurance brokers for incorrect design on the part of the legislator Insurance brokers have always had a particularly heavy responsibility towards their customers. In the German Insurance Contract Act (VVG), the legislator has expressly defined the liability of the insurance intermediary in §§ 59 ff. VVG.   […]

The elimination of irrevocable subscription rights by revoking the LV

If a life insurance contract falls within the estate, it is first and foremost a matter of all rights of structuring; such as termination, revocation of a subscription right, contesting the insurance contract, as well as revocation of the conclusion of the contract itself. The legal claim for payment of the contractual sum insured is […]

Subscription right LV: How the contract value can be collected retroactively

How can the irrevocable subscription right be eliminated by revoking the life insurance? What options are available to heirs or insolvency administrators to collect the contract value retroactively.   If a life insurance contract falls within the estate, all rights of structuring apply first of all; such as termination, revocation of a subscription right, contesting […]

BGH – When a life insurance policy must distinguish between two widows

The German Federal Supreme Court (BGH, ruling of 22 July 2015, file no. IV ZR 437/14) decided that the declaration of the insurance customer “the widowed spouse” as the beneficiary is to be interpreted in such a way that “the spouse married to the policyholder at the time of the declaration of the subscription right […]

Private pension insurance: How does the sale work?

The policyholder is insolvent and urgently needs money. There would be the possibility to sell the right to his private pension. How the framework for this is set and when a transfer can fail, describe attorney Dr. Johannes Fiala and actuary Peter A. Schramm in their contribution “The ordinary right to a private pension could […]

Irrevocable subscription right for life insurance

In insurance contract law – especially in life insurance – the subscription right refers to the beneficiary. Beneficiaries and policyholders are sometimes identical. When the contract is concluded or at a later date, the policyholder shall record the beneficiary in the insurance contract. Tip: The beneficiary should be clearly identified. Example: “My spouse” is not […]

Design pitfalls in the case of subscription rights in direct insurance

Liability of insurance companies, agents and insurance brokers for faulty design   Insurance brokers have always had a particularly heavy responsibility towards their customers. In the German Insurance Contract Act (VVG), the legislator has expressly defined the liability of the insurance intermediary in §§ 59 ff. VVG.   Obligation to pay contributions to statutory health […]