There are increased liability risks for employers in around 87% of pension funds One way of implementing the company pension scheme is the Pensionskasse (PF). Because they are monitored by the Federal Financial Supervisory Authority (BaFin), employers in this case are spared having to contribute to the Pension Protection Association (PSVaG). If the employer becomes […]
Insolvency administrators are not obliged to maintain the liability insurance concluded in favour of a manager or director. This was decided by the Federal Court of Justice (Ref.: IX ZR 161/15) in April of this year. This means that the legal claim to the cover insured in favour of the managing director, in particular to […]
Health insurers may demand an exclusion of benefits in the target tariff if the policyholder changes tariffs. The policyholder does not need to have an increased risk for this. This is clear from a ruling of the Federal Court of Justice (BGH). As a result, tariff change optimizers who accept unreasonably high risk surcharges for […]
“If you have faith, it’s all over.” (Stanislav Lec, Polish poet) Asset protection is the separation of business and private risks or assets, including the integration of insurance protection. Risks to private assets stem primarily from the business sector (e.g. liability for break-through) or from financing, but also from separation/divorce or legal disputes. […]
When selling, advising or brokering certificates and derivatives, special information is required to avoid liability towards investors. Credit institutions sold “guarantee” certificates and similar constructs to bank customers, for example the Lehman Brothers Bank, as a safe investment: numerous liability traps await bank and savings bank advisors. I. Consultant incompetence and conditions trap Certificates […]
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 […]
Insolvency risks – Authority to provide legal services – Insurance cover Occupational pensions are an important component of retirement provision. They obtain their complex position in the German legal system through the interdisciplinary interaction of the most diverse fields of law, which can easily become a liability trap for legal and tax advisors; the numerous […]
What benefits the policyholder can expect from the insurer Passive insurance The aim of the insurance cover is to keep the policyholder free from liability obligations (BGH NJW 1967, 2203). This will also include claims for injunctive relief and removal pursuant to Section 1004 of the German Civil Code, for example in the case of […]
“Trap salesmen” in credit institutions cause total losses with marketing slogans Renowned credit institutions sold “guarantee” certificates and similar constructs, for example those of the Lehman Brothers Bank, to gullible bank customers as a safe investment: bank and savings bank advisors are thus often liable for reversals today. Consultant Incompetence Trap The consultants […]
Time value accounts and the models of partial retirement are paid by the Financial sales increasingly advertised. The financial intermediaries it’s mostly about commissions: The fewest intermediaries know about the civil and criminal law Liability risks for fiscal Consultants and the management the employer. In order to create an implementation channel for the company pension […]
