Books / Technical articles

Publications – Technical papers Fiala/Schramm, Insolvency risk of British life insurers when relocating to Ireland, ExpertenReport, issue 7/2019, pages 60-62 Fiala/Schramm, When are insurers no longer obliged to pay benefits or can reduce benefits?Expert Report, issue 3/2019, pages 56-58 Fiala/Schramm, No insurance coverage in case of refusal to pay protection money, ExpertenReport, issue 11/2018. Pages […]

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Your law firm in Munich Dear visitors, I am pleased to welcome you to my website and would like to take this opportunity to introduce myself and my office in beautiful Nymphenburg in Munich and to present our range of expertise to you in a transparent manner. For more than 25 years I have been […]

Pension funds are not allowed to withhold health insurance contributions on private pension part

– This leads to further legal disputes about the “correct” determination of contributions –   The Federal Constitutional Court (BVerfG, decisions of 27.06.2018, ref. 1 BvR 100/15, 1 BvR 249/15) decided that benefits from a pension fund (PK) – which are based on contributions made privately by the employee – are not subject to any […]

Tax savings through charity or religion – or tax evasion-Deluxe

– What alternatives are there to the tax havens Andorra, Liechtenstein, Vatican, Switzerland, San Marino, and Monaco –   To date, Germans have invested up to more than € 360 billion in tax havens, as Professor Gabriel Zucman recently determined. The widely praised way of buying tax CDs with allegedly mass self-disclosures is only the […]

Brokers’ liability in the sale of used life insurance

– 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 […]

Sale of life insurance policy destroys shapeable additional income

In its ruling of 16 October 2018, the Federal Court of Justice (BGH, ref. VI ZR 459/17) decided how contracts for the sale and assignment of used life insurance policies lead to an obligation to pay damages if the investor or policyholder (UN) of the life insurance policy bears the payout risk according to the […]

Reduction of life insurance: No information obligation for life insurers on reduction possibilities

Members of the German Bundestag asked: “What legal obligations do life insurance companies have to inform their customers about the possibility of reducing claims before the contract is concluded, and what is the practice of life insurance policies as established by the Federal Financial Supervisory Authority (BaFin)?   The answer of the Federal Government of […]

Asset protection – The tricks of the trade

Asset protection: How managers and entrepreneurs try to protect their property You manage million amounts and your decisions have a major impact on the economy, employees and your own company. The managers and entrepreneurs of our time are rewarded for this responsibility with high salaries, profit-sharing and attractive share packages that are more than above […]

Rüruprente: The chimera of unseizability

In a legal doctoral thesis it is claimed that without a surrender value in a life insurance policy – as allegedly given in basic pension contracts – any amount of money can be protected as assets, protected from creditors and insolvency administrators. However, caution is advised here. In a new textbook, originally a doctoral thesis […]

Underwriting of life insurance policies

The BGH has decided that – completely independent of the revocation – a claim for damages can also be sufficient for the reversal of a life insurance policy – oh for contracts concluded from 2008 onwards.   In its current ruling of 28 June 2017 (Case No. IV ZR 440/14), the Federal Court of Justice […]