– 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 […]
In the view of VDVM, a current ruling by the BGH will have far-reaching consequences for insurance brokers. Even though it will still be some time before the reasons for the judgement are given, it is becoming apparent that the Federal Court of Justice considers the settlement of claims by insurance brokers to be a […]
Link to this article: http://www.versicherungsmagazin.de/Aktuell/Nachrichten/195/19228/pr/print.html
Link to this article: www.versicherungsmagazin.de (www.versicherungsmagazin.de, 02.08.2012)
BVAG Versicherung is insolvent. In a guest article for FONDS professionell ONLINE, lawyer Dr. Johannes Fiala and actuary Peter A. Schramm state that brokers who brokered BVAG policies for their clients may now be held liable under certain circumstances. Net loss for the year 6.3 million euros Back in May 2013, the trade press […]
by Johannes Fiala, Lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Banker (www.fiala.de) Fire Damage Settlement: In connection with a fire loss, the policyholder (PC) reported a loss. The insurer’s employee determined the amount of loss on an inventory fire policy. Because of an alleged underinsurance (objects were […]
Fire Damage Settlement: In connection with a fire loss, the policyholder (PC) reported a loss. The insurer’s employee determined the amount of loss on an inventory fire policy. Due to an alleged underinsurance (objects were outside the building), the insurer reduced the benefit – the policyholder agreed (settlement agreement). Common Misconception: Later, the insurer and […]
The Federal Court of Justice (BGH, ruling of 14.01.2016, file no. I ZR 107/14) decided that insurance brokers may not settle insurance claims on behalf of insurers (VR). In addition, there are insurance brokers who offer damage assistance to broker colleagues and their insurance customers, or to their own and any policyholders (UN) – recently […]
According to the Federal Fiscal Court, waiver of alimony before marriage is taxable as a gift The Federal Fiscal Court (Bundesfinanzhof, BFH) decided in its ruling of 17 October 2007 (Ref.: II R 53/05) that in the case of a waiver of maintenance prior to marriage, the “consideration” or the settlement amount is taxable as […]
*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 Andreas M. Bosl, management consultant (Pöcking/Starnberg) Managing Director of Mittelstands- Strategie-Beratung GmbH and owner of MBD Mittelstands-Beratungs-Dienst e.K. (www.mbdbav. de) […]
