More wealth in a planned and controlled manner The own assets in a planned and future-oriented management as well as value-enhancing and risk-optimized investment requires the highest degree of Knowledge and time. Not everyone who has achieved a certain level of wealth is also a financial or controlling expert , so it is advisable to […]
When reinsurance and direct insurance can be gone The Federal Labour Court (Bundesarbeitsgericht, BAG, judgment of 17.01.2012, Case No. 3 AZR 10/10) recently ruled that an insolvency administrator may access life insurance policies for the company pension scheme even if the employment contract states, for example: “The life insurance policy … is and remains the […]
Publisher: *by Dr. Johannes Fiala, Attorney at Law (Munich), MBA Financial Services (Univ.), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Banker (www.fiala.de), ehem. Member of the examination board of the Munich Chamber of Industry and Commerce for the expert examination of financial advisors for financial services and financial services specialists, lecturer for civil law and […]
This year we have been asked by new clients to provide expert assistance in the settlement of three major claims. These losses were calculated for the first time on the basis of the new regulations of the VVG, which came into force on 01.01.2008. The insurers have raised various objections in the settlement of these claims, which […]
According to the ruling, employers are liable if an occupational pension provider – such as a pension fund – reduces its benefits in accordance with its statutes. As a result of the continuing low level of interest rates, virtually every employer with occupational pension commitments will soon have to reckon with this. What specific risks […]
The liability of “freelance” agents and salaried insurance agents Dr. Johannes Fiala, Munich, and Peter A. Schramm, Frankfurt am Main If the insurance company has assumed unlimited liability for an exclusive agent or multiple agent, no permission is required to act as an intermediary – registration by the insurer is more or less a formality. […]
The Federal Fiscal Court (Bundesfinanzhof, BFH) has ruled that the VAT-exempt activity as an insurance intermediary consists not only in seeking customers but also in bringing them together with the insurer. As the Federal Fiscal Court stated in its ruling of 6 September 2007 (Ref. V R 50/05), the terms insurance agent and insurance broker […]
The Federal Court of Justice has ruled that insurance intermediaries are liable for damages suffered by customers in connection with ageing provisions when switching private health insurance (PKV). This also applies to private supplementary health insurance in addition to statutory health insurance. The executive of an intermediary association once asked his colleagues, “Can you tell […]
Johannes Fiala, Peter A. Schramm Endowment life insurance a legal scam? Already since the judgement of 03.06.1983 (Az. 74 O 47/83) of the regional court Hamburg the evaluation of the capital life insurance as “legal fraud” was judicially blessed. Professor Michael Adams (Univ. Cologne) followed this up in 1997 with his essay “Die Kapitallebensversicherung als […]
Employer liability in the context of occupational pension schemes Employers and their associations are not yet sufficiently aware that they are on the front line of responsibility and liability. Some insurers play this down in order not to jeopardise the brokerage of their products. Many companies complain about existential legacy issues. Now for an example […]
