– After a claim, insurers only have a limited amount of time to carry out their own checks. The Cologne Higher Regional Court (OLG Köln, order of 31.01.2012, Ref. 2 W 69/11) put an accident victim in his place. The accident victim sued the liability insurer too early, who is entitled to a review […]
The Federal Court of Justice (BGH, ruling of 07.07.2020, ref. VI ZR 308/19) decided that an employed claims adjuster is (co-)liable in tort if he uses his alleged expertise for an injured party by exerting influence on the performance of third parties; § 823 I BGB. In the case in question, the injured party […]
– Judgment of the Regional Court (LG) Nuremberg-Fürth confirms claims even without monetary need – Also with the conclusion of a sickness daily benefit (KT) insurance as so-called sum insurance, insurers try in many concrete cases to refer to the fact that the insurance customer had no damage by the inability to work, and […]
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. […]
– Opportunities and risks for policyholders and their insurance brokers – Foreign insurance companies, especially those from the European Economic Area (EEA) and the European Union (EU), are increasingly competing with domestic suppliers. For insurance intermediaries and insurance customers, this creates risks, but also opportunities. Regular notification procedure EEA and EU insurers must […]
– Why employer time value accounts regularly do not offer insolvency protection – The “Flexi II Act” came into force on 01.09.2009. This was intended to provide employees with better protection against loss in the event of the employer’s insolvency. Today, this proves to be incorrect in at least 98% of the companies. […]
– How employers can free themselves from the constraining corset of the BetrAVG – Employers who want to set up company pensions look at the Company Pensions Act (Betriebsrentengesetz), or more precisely the Occupational Pensions Act (Betriebliches Altersversorgungsgesetz – BetrAVG). However, structuring a company pension in accordance with the BetrAVG usually suits neither the employer’s […]
– Why up to more than 95% of managing partners lose their pension- A new ruling by the Federal Court of Justice (BGH) dated 1 April 2013 (ref. IX ZR 176/76) shows that managing partners and controlling directors often face the complete or predominant loss of their pension as a retirement benefit despite “pledging the […]
– Why insurance customers should expect qualified advice – The Saarland Higher Regional Court (ruling of 27.01.2011, ref. 5 U 337/09) ruled that insurance brokers who cannot provide any or only incomplete documentation of their advice bear the full burden of proof for correct advice. The advice and reasons should therefore be noted because […]
– Why insurance contracts should be held by shareholders – For family entrepreneurs, the risk of insolvency has an annual probability of around 1%. Then an insolvency administrator takes over the management of the business, whereby a conflict is pre-programmed if the interests of the former managing director are different from those of the […]
