Ponzi schemes in bonds etc. (current case of S&K)

A commentary and recommendations for action by attorney Dr. Johannes Fiala. “No, no, dear investor: the money is not gone – it is just that other people have it today”. For intermediaries and advisors, there is not only the risk of losing portfolios and lapse reserves. 15% commission and more: Federal Court of Justice (BGH) forces […]

Judgement discussion to LG Munich II from 17.08.2006

In its judgement of 17 August 2006, the Munich Regional Court II ordered the broker of a closed-end investment to pay damages on the grounds of incorrect advice in connection with the IRR method (internal rate of return). Lawyer Johannes Fiala, Munich, (www.fiala.de) has discussed the judgement – underpinned with scientific specialist information (selection) on […]

Judgement discussion to LG Munich II from 17.08.2006

RechtsprechungsReport In its judgement of 17 August 2006, the Munich Regional Court II ordered the broker of a closed-end investment to pay damages on the grounds of incorrect advice in connection with the IRR method (internal rate of return). Lawyer Johannes Fiala, Munich, (www.fiala.de) has discussed the judgement – underpinned with scientific specialist information (selection) […]

Lawyer for investment law in Munich

Investment law: Ask at the right time The investor protector Heinz Gerlach (*1945, +2010) once said that the typical investor at the regulars’ table only has three questions: First question: The investor waves various prospectus documents and asks “Is that something?”Second question: “And what’s the best?”Third question (usually after months or years): “What is the […]

BGH: Brokered life insurance policies must correspond to the customer’s needs and ability to pay

With every second life insurance customer claim for damages possible – new billion liability for the insurance industry? Capital life insurance – legal fraud ?: Already since the judgement of 03.06.1983 (Az. 74 O 47/83) of the regional court Hamburg the evaluation of the capital life insurance as “legal fraud” was judicially blessed. Professor Michael […]

Every second life insurance customer may be entitled to damages

by RA Dr. Johannes Fiala* and Dipl.-Math. Peter A. Schramm** The Federal Court of Justice has ruled: brokered life insurance policies must meet the customer’s needs and capabilities! Endowment life insurance a legal scam? Already since the judgement of 3.6.1983 (Az. 74 O 47/83) of the regional court Hamburg the evaluation of the capital life […]

Federal Supreme Court: Brokered life insurance policies must meet the customer’s needs and capabilities!

29.08.2007 12:33:05 (PA) With every second life insurance customer claim for damages possible – new billion liability for the insurance industry ? Capital life insurance – legal fraud ?: Already since the judgement of 03.06.1983 (Az. 74 O 47/83) of the regional court Hamburg the evaluation of the capital life insurance was judicially blessed as […]

Federal Supreme Court: Brokered life insurance policies must meet the customer’s needs and capabilities!

29.08.2007 12:33:05 (PA) With every second life insurance customer claim for damages possible – new billion liability for the insurance industry ? * Capital life insurance – legal fraud ?: Already since the judgement of 03.06.1983 (Az. 74 O 47/83) of the regional court Hamburg the evaluation of the capital life insurance was judicially blessed […]

Courtage quo vadis? Guest Article

“Already on 27.04.2007 the Federal Ministry of Justice presented the draft of the “Ordinance on Information Duties for Insurance Contracts”.   According to this, insurance intermediaries are to show their performance-related remuneration in euros and cents before the contract is concluded. Initially, only life insurance, occupational disability and accident insurance are to be affected. Property […]

Federal Court of Justice: Duty of care and brokerage claim with insurance brokers

Insurance brokers risk “head and neck” due to faulty brokerage contracts *by Dr. Johannes Fiala, lawyer (Munich), mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), lecturer for civil and insurance law (BA Heidenheim, Univ. of Cooperative Education), banker (www.fiala.de) and Hermann Siebenhaar, insurance broker (Neutraubling), court-appointed expert, lecturer (Univ. […]