Compensation claim: house, apartment and land owners are liable for damages caused by commissioned craftsmen

The Federal Court of Justice (BGH, ruling of 09.02.2018, ref. V ZR 311/16) decided that a property owner who has a craftsman carry out repair work on the house is responsible – i.e. liable – to the neighbour. In the present case, the house had burned down after roofing work due to an embers nest […]

When the passing on of commission, material and services are prohibited special benefits

The Administrative Court of Frankfurt/Main (VG Ffm, Az. 7 L 3307/18.F) decided in its decision of 28.09.2018 – completely in line with the Federal Financial Supervisory Authority (BaFin) – that even regular payments by an intermediary (VM) to the policyholder (VN) declared as a reduction in premiums are prohibited as a commission fee, § 48b […]

Commission-free net policies: The additional remuneration agreement can be revoked

The German Federal Supreme Court (BGH, ruling of 12 December 2013, file no. III ZR 124/13) decided that not only a broker but also an insurance agent can be promised a remuneration by his customer for brokering a life insurance policy with a net policy. Capital investors and medium-sized companies are increasingly taking advantage of […]

Lawyer explains IDD law: Commission discounts are still possible

The draft for the IDD Implementation Act is causing a great stir in the insurance industry due to the still existing ban on commissions. Lawyer Johannes Fiala and actuary Peter Schramm have examined the draft and show that the ban is not dead. The legislator would like to strengthen fee-based advice as part of the […]

Expert advice: Do brokers risk their commission through fringe benefits?

In the third part of their exclusive article for FONDS professionell ONLINE on additional services provided by brokers, attorney Johannes Fiala and actuary Peter Schramm deal with the question of what consequences additional services can have for the brokerage fee. There is more than just a legal question mark behind various additional services that brokers […]

The broker’s commission claim for net policy brokerage

By the judgement of 06.03.2015 the regional court (LG Mannheim, Az. 1 S 74/14) dismissed the claim of a net policy broker for his remuneration: “However, a reference in bold type on the pre-formulated remuneration agreement, according to which the insurance broker’s claim for remuneration arises with the conclusion of the insurance contract and the […]

Why the prohibition on commission payments is no longer applicable

Even if the ban on commissions continues to apply for the time being – there is something in the air: The Regional Court of Cologne had decided that the agent or insurance broker acts legally if he passes on his commission or brokerage fee to insured persons in whole or in part. In 2011, the […]

Prohibition to charge commission is dead – discount battle begins

“Until the day they rationalize me away, Or simply sort me out as non-programmable, When the big computer comes and monitors everything, Makes my preferences and quirks fully understandable, Even if I am already completely machine-readable” (Reinhard Mey)   The decision by politicians not to replace the current ban on commission payments with a new […]

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 […]