– OLG Cologne judges generally usual procedure of the PKV as inadmissible – In its judgment of 20 July 2012 (Case No.: 20 U 149/11), the Cologne Higher Regional Court ruled that a procedure used for decades by private health insurers for premium adjustments was incorrect. As a result, many premium adjustments since 1995 […]
– When substitution of investments and insurance leads straight to liability – By judgment of 24.07.2015, the OLG Cologne (Case No. 20 U 44/15) ruled that termination and sale of life insurance policies is typically associated with significant disadvantages. Since every insurance broker knows this, he has to point out the disadvantages. If the […]
– How the state can ensure the efficiency of retirement planning for the middle class – After 31 years of work, average earners will only receive a basic pension (social welfare level, with up to less than 758 euros per month) – low earners would have to work 63 years in social security for […]
Why you should cancel an insurance policy After taking out an insurance policy, there are Insured persons have two options contractual relationship with your insurer to terminate the contract: On the one hand, the contract can be terminated – like any contract- under Compliance with the legal deadlines informal and on the other hand, it […]
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. […]
– Obligation of the insurance broker to advise in the case of brokering in the secondary market for life insurance policies – An insurance broker was ordered to pay damages by the Higher Regional Court of Dresden (OLG, ruling of 29 February 2019, file no. 4 U 942/17) because he had not informed the policyholder […]
– Why a broker is allowed to give advice on changing tariffs for a contingency fee – The Federal Court of Justice decided (BGH, ruling of 28.06.2018, file no. I ZR 77/17) that an insurance brokerage contract does not require that the client is to be looked after on a permanent basis according to […]
Policy sale next to the deposit machine? Why not! Lawyer Johannes Fiala and actuary Peter A. Schramm explain how discounters and full-range retailers could circumvent the strict rules for insurance brokerage. Insurance intermediaries have to face growing competition from online comparison portals and brokers as well as direct insurers. Tech giants like Google and […]
– 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 […]
In an original article for FONDS professionell ONLINE, attorney Johannes Fiala and actuary Peter Schramm explain why they consider the decision of the Bavarian State Social Court on the obligation of a broker to pay pension contributions to be correct. The ruling of the Bavarian State Social Court (LSG) on the pension insurance obligation of […]
