The Federal Supreme Court (BGH, ruling of 27 June 2018, file no. IV ZR 222/16) decided that to insure the life of another (the insured person, CP), the consent of this CP is also required at a later date. This applies not only to the original conclusion of the contract, but also if only the […]
If donations are for the purpose of community protection, but are not gifts…. The Federal Court of Justice (BGH, ruling of 6 May 2014, file no. X ZR 135/11) decided that donations to non-marital partners with the purpose of securing the death of the donor are not gifts. If the cohabitation fails, such donations must […]
The Federal Labour Court (Bundesarbeitsgericht, BAG, judgment of 30 September 2014, Case No. 3 AZR 930/12) ruled that the general terms and conditions contained in a pension commitment, according to which the granting of a widow’s pension requires that the beneficiary “has predominantly provided for the maintenance of the family”, were in breach of the […]
When the revocation of life, pension and other insurance policies can be worthwhile Since a decision by the European Court of Justice (ECJ) on 19 December 2013 (Case C-209), insurance customers are increasingly checking whether they can still revoke their insurance policies. The aim is to get back the insurance premiums paid or, in […]
When the revocation of life, pension and other insurance policies can be worthwhile Since a decision by the European Court of Justice (ECJ) on 19 December 2013 (Case C-209), insurance customers are increasingly checking whether they can still revoke their insurance policies. The aim is to get back the insurance premiums paid or, in […]
Johannes Fiala and Frank M. Strobelt Medium-sized entrepreneurs are currently facing a whole host of problems for which they urgently need efficient solutions. The authors describe why foundations can answer a multitude of individual questions at once. Red. For many medium-sized companies, the topic of “foundations” was taboo until a few years ago and was […]
Private pension provision and its pitfalls Anyone who wants to take out insurance for old age cannot afford to ignore a private pension plan today. The standard of living with the statutory pension in the future is doubtful. A well thought-out concept for a private pension scheme is therefore equally important for self-employed and employees. […]
– Why optional tariffs and more are nevertheless being extended by health insurance companies – The BSG judgement of 30 July 2019 (file number B 1 KR 34/18 R) has shown that the problem of the optional tariffs offered by the health insurance funds, for example for abroad, optional services in hospitals or supplementary dental […]
The Federal Court of Justice (BGH, ruling of 10 March 2016, file no. I ZR 147/14) decided: “The obligations of the insurance broker to provide information and advice primarily include the questions of which risks the policyholder should insure, how the most effective cover can be achieved, with which risk carrier the cover can be […]
– How risk costs destroy the refund in case of insufficient cancellation instructions – According to the BGH, if a life or pension insurance policy taken out between 1994 and 2007 is revoked, the premiums plus of all uses less the risk costs consumed for the risk must be repaid by the insurer. By […]
