Natural hazard damage: When injured parties can seek compensation from insurance brokers and agencies

If flood victims do not have natural hazards insurance, they may be able to hold their insurance agent liable. Brokers as well as agents have to find coverage risks, advise accordingly and document this completely. A lack of documentation can put intermediaries in dire straits, because it reverses the burden of proof. This is what […]

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 […]

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 […]

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. […]

No appeal on statute of limitations after 13 years

The Higher Regional Court (OLG) of Oldenburg decided in its ruling of 19.12.2013 (Case No. 1 U 67/13) that an insurer (VR) cannot invoke the statute of limitations after years in the case of long-term claims if it had previously given a qualified acknowledgement. Statute of limitations regularly after three years at the end of […]

Would you have known? Even criminals are entitled to BU benefits!

Even offenders sometimes apply for benefits under an occupational disability insurance policy. In an exclusive commentary, attorney Johannes Fiala and actuary Peter A. Schramm explain how these are to be legally classified – and when insurers are obliged to pay benefits.   What are the effects of insurance conditions of the occupational disability insurance (BU), […]

Insurer: No statute of limitations after commitment

If the insurance company has acknowledged a claim but has not settled it over a long period of time, it cannot subsequently invoke an alleged limitation period for its claims. This was decided by the Oldenburg Higher Regional Court. In the following article, our experts, lawyer Johannes Fiala and expert Peter A. Schramm, explain what […]

OLG Oldenburg: Insurer cannot invoke statute of limitations after 13 years

– What insurance customers have to consider in the event of a claim in order to avoid the statute of limitations –   The Oldenburg Higher Regional Court (OLG) ruled in its judgment of 19.12.2013 (Ref. 1 U 67/13) that an insurer (VR) cannot invoke the statute of limitations after years in the case of […]

Insurance Broker Liability in the Light of the Reform of the German Insurance Contract Act (VVG)

Why medium-sized businesses and industry are increasingly suing insurance brokers?   The responsibility of insurance brokers is considerable. As representatives of the client’s interests, brokers have an abundance of contractual and legal obligations, which they often cannot or do not want to take care of due to time constraints, especially if they promise unnecessarily much […]

Public liability using the example of the Love Parade coverage gap

What entrepreneurs can learn from this for their own liability insurance   7.5 mi. Euro sum insured – instead of the usual 100 million minimum cover The Love Parade disaster in Duisburg after a mass panic was insured at an astonishingly low level. The amount of cover provided by the organiser’s liability insurance is obviously […]