Insurance Law

Insurance law: inform in good time Nowadays, there is almost no aspect of life that cannot be covered by a insurance. The field of insurance law is broadly diversified and applies both in the area of private provision and in corporate risk minimization. Many insurances are almost regarded as basic equipment for a “carefree” life. […]

General Equal Treatment Act (AGG) also protects members of professional associations

– Why professional associations must treat members the same as employees ? –   “Mountaineers: two men whose purpose is to climb mountains”. (Expedition to Kilimanjaro, Monty Python’s Wonderful World of Gravity) The General Equal Treatment Act (AGG) has been in force since 2006, which has made employers in particular very cautious. For example, by […]

Framework contracts in professional liability insurance

Laws and professional codes of conduct require many professions to take out liability insurance for financial loss, but also sometimes for personal injury and damage to property. The content and scope of the minimum insurance is regulated differently depending on the profession. If a GmbH provides tax advice, financial losses amounting to € 250,000 must […]

Comment: The imposed benefit

How the new law on the strengthening of company pensions is driving out the desire of employees for popular harmful guarantees.   On 1 June 2017, the German Bundestag passed the new Company Pension Strengthening Act (BRStärkungsG) (ep reported). The official aim is to promote the spread of occupational pension schemes (bAV) in small businesses […]

ECJ: Tax advice to residents by foreign consultants

In its ruling of 17.12.2015 (Case C-342/14), the European Court of Justice (ECJ) ruled that foreign tax consulting companies are authorised to provide tax advice in Germany. According to the Advocate General’s opinion to the ECJ, this requires “the recognition of the company and the appointment of its management bodies as tax advisors” (StB) – […]

In the purchase lies the profit – customer advantages by commission levy

The commission levy by the cash-back insurance broker as an alternative to the net tariff. How insurance brokers give up to more than 40% of insurance premiums to their clients   More and more intermediaries are waiving their commissions, not only in the case of insurance brokerage, but also in the case of open-ended investment […]

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 […]

Cross-border insurance broking with Switzerland, Bermuda or the USA: Where intermediaries should be careful in cross-border transactions

In recent years, foreign insurers have increasingly sought to enter the German market – in a variety of ways: In September 2013, for example, BaFin counted a total of 216 branches and branch offices of foreign institutions in Germany. The GdV reported at the end of September 2013 that primary insurers whose head office is […]

New ruling: Insurance broker is generally not in the camp of the policyholder

Liability risks of the broker vis-à-vis the policyholder and the insurer due to unclear positioning A new judgement of the OLG Hamm (Ref.: I-20 U 38/10, dated 03.11.2010) proves: Insurance brokers often assume unseen that they are (exclusively) in the camp of the policyholder (insured party) and are not neutral “third parties”. The OLG, on […]

New ruling: Insurance broker is generally not in the camp of the policyholder

Liability risks of the broker vis-à-vis the policyholder and the insurer due to unclear positioning A new judgement of the OLG Hamm (Ref.: I-20 U 38/10, dated 03.11.2010) proves: Insurance brokers often assume unseen that they are (exclusively) in the camp of the policyholder (insured person) and are not neutral “third parties”. The OLG, on […]