The profession and remuneration of finance and insurance brokers in transition due to regulation

Selected challenges and megatrends in financial services distribution   The image of financial services sales of credit institutions and insurers has been suffering for years, especially due to TV documentaries about dubious business models or manipulation of interest rates, share prices and commodity prices. Product providers are also in the pillory, for example when up […]

Property damage liability: Risks in the event of reorganisation and termination of insurance cover

– Whereupon in particular financial plant mediators in accordance with § 34 f exp. 1 GewO and intermediaries of financial services according to § 34 c GewO, as well as insurance brokers have to pay attention to –   Currently, thousands and thousands of advisors and brokers are receiving notices from their asset protection liability […]

LG Mannheim dismisses claim for damages against financial intermediary

Gross negligence on the part of the investor leads to the application of a 3-year limitation period Since the reform of the law of obligations, with effect from 01.01.2002, it is again and again controversial, after which periods the Verjährung of adhesion claims is aligned. Now the regional court Mannheim (Az. 8 O 353/06) by […]

“LG Mannheim Three-year limitation period for damages begins with the delivery of the prospectus”.

The regional court Mannheim rejected by its judgement of 07.03.2007 the complaint of an investor, who as can be prove in the year 1996 a folder had been handed over. The prospectus had listed the main risks. RA Diplom-Jurist Thomas Keppel, Kanzlei Dr. Johannes Fiala, Munich, www.fiala.de won the judgement. He comments on the legal […]

LG Mannheim dismisses claim for damages against financial intermediary

Gross negligence on the part of the investor leads to the application of a 3-year limitation period Since the reform of the law of obligations, with effect from 01.01.2002, it is again and again controversial, after which periods the Verjährung of adhesion claims is aligned. Now the regional court Mannheim (Az. 8 O 353/06) by […]

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. […]

Retirement planning with annuity purchase instead of life insurance or sovereign wealth funds with cash cover

– How the state can ensure the efficiency of retirement planning for the middle class –   After 31 years of work, average earners will only receive a basic pension (social welfare level, with up to less than 758 euros per month) – low earners would have to work 63 years in social security for […]

Old-age poverty: European countries expropriate pension savers

– How political decisions lead to impoverishment –   Poverty in old age is increasingly being taken up by the media as an issue. However, this phenomenon is homemade, and it seems to have even been accepted. After all, it has been ongoing political decisions for more than 20 years that have reduced the statutory […]

How trust in the occupational pension scheme can be destroyed

Falsification and concealment of balance sheets are punishable under § 331 No. of the German Commercial Code (HGB). Famous examples of such manipulations would be the Olympus and Enron companies, or more recently P&R. The “Heubeck mortality tables RT 2018 G” (dated 20.07.2018) were allegedly erroneously prepared and later withdrawn – this was the responsibility […]

Compensation for heirs in the event of failure to provide medical euthanasia

The Higher Regional Court of Munich (OLG, Az. 1 U 454/17, judgement of 21.12.2017) sentenced a family doctor to pay 40,000 € – inherited – compensation for pain and suffering for immaterial damages to the heir. The deceased had been artificially fed, among other things by a PEG probe, and kept alive for about 21 […]