Insurance brokers bear the full burden of proof without documentation

– Why insurance customers should expect qualified advice –   The Saarland Higher Regional Court (ruling of 27.01.2011, ref. 5 U 337/09) ruled that insurance brokers who cannot provide any or only incomplete documentation of their advice bear the full burden of proof for correct advice. The advice and reasons should therefore be noted because […]

Why do insurance brokers have only limited duties of advice and documentation?

The Higher Regional Court (OLG Hamm, decision of 5 December 2018, file no. 20 U 146/18) confirmed the dismissal of the complaint regarding the (alleged) miscounseling by an insurance broker when changing the cover of a private health insurance. The new private health insurer had later challenged the contract because of incorrect answers to the […]

Duty of documentation and burden of proof despite waiver of consulting documentation

The best proof in case of faulty advice is the advice documentation, because from this the gaps in the advice can be deduced. The few policyholders who receive expert advice (UN) often have a better chance of explaining the gaps in advice and possible mistakes. Conversely, however, insurance brokers and insurance agents also have far […]

Reversal of the burden of proof in case of inadequate documentation

The Federal Court of Justice (BGH, ruling of 13 November 2014, Ref. III ZR 544/13) has recently ruled that failure to comply with the insurance agent’s duty of documentation in accordance with § 61 Para. 1 sentence 2, § 62 of the German Insurance Contract Act (VVG) may lead to a shift in the burden […]

Liability for missing documentation, even in case of correct advice: Part 1

A recent ruling of the Higher Regional Court of Cologne of 26.02.2016 (Case No. 20 U 102/15) underlines the “obligation of the broker to inform the policyholder that the intended change to private health insurance (PKV) may affect the insurance cover of his or her spouse and the financial burdens associated with it”. The spouse […]

Insurance brokers are liable for missing documentation even if they have given correct advice

– As the broker also has duties of protection against third parties –   A recent ruling of the Higher Regional Court of Cologne of 26.02.2016 (Case No. 20 U 102/15) underlines the “obligation of the broker to inform the policyholder that the intended change to private health insurance (PKV) may affect the insurance cover […]

Documentation obligation as an opportunity for insurance intermediaries

– Why pension products are good to sell even with zero returns – Numerous rulings of the higher courts prove that the insurance intermediary himself has to prove that he has given correct advice when brokering an insurance product if his customer specifically claims that he has given incorrect advice and the documentation does not […]

What is the legal difference between a protocol and documentation?

From the series of newsletters of the DHBW (Baden-Wuerttemberg Cooperative State University) Heidenheim on the topic “Mediation Law in Practice”: At this point, lawyer Dr. Johannes Fiala, https://www.fiala.de, lecturer for insurance law at the DHBW Heidenheim, will answer your questions, Your questions. Questions can be asked by emailing ott@dhbw-heidenheim.de. For insurance intermediaries there is a […]

Insurance broker liability through “waiver of documentation and advice”.

Financial Services (Univ.Wales), MM (Univ.), Chartered Financial and Investment Adviser (A.F.A.), Lecturer in Civil Law and Insurance Law (Univ. of Cooperative Education), Banker (www.fiala.de) Consultation and documentation are expressly waived ! With sample protocol authors (for example software manufacturers, federations, “specialized authors to the insurance broker right” – also in the employment relationship with the […]

Distributors are liable for inaccurate documentation

In the event of incorrect sales documentation and training content, the product providers concerned and their training and sales managers may be held personally liable by the distributors, intermediaries and brokers. The tenth civil chamber of the regional court Augsburg had condemned with final judgement of 29 June 2006 (Az.: 10 O 1933/05) for the […]