BVAG Versicherung is insolvent. In a guest article for FONDS professionell ONLINE, lawyer Dr. Johannes Fiala and actuary Peter A. Schramm state that brokers who brokered BVAG policies for their clients may now be held liable under certain circumstances. Net loss for the year 6.3 million euros Back in May 2013, the trade press […]
Employers have double wage costs due to company pension scheme?! The case: Employee loses around 90% of his company pension Anna M. (name changed) had asked her employer to invest part of her salary in a company pension scheme on her behalf (deferred compensation). After 6,230 euros had been transferred to a “company pension […]
RWB Finance
A limitation of liability agreement in the brokerage contract is regularly irrelevant, because such agreements usually do not protect against unlimited recourse liability. On the one hand, this is due to the fact that it will already be a breach of duty if the broker, as an “expert on risks”, does not inform the client […]
– When claims settlements by insurance brokers and car insurers are flawed -. “There is also no rule according to which a certain speeding is insignificant,” formulated the OLG Frankfurt/Main in a recent ruling of 15.04.2014 (Case No. 15 U 213/13). The “too fast plaintiff” received a quarter of contributory negligence in the second […]
– When sellers, intermediaries and advisors are themselves in the fire in the case of insolvent investments – A well-known structural distributor was ordered to pay damages by judgment of 31.07.2014 (LG Frankfurt/Main, Case No. 2-32 O 154/13) because an investment advisor insufficiently informed about risks of a real estate fund. Structural distributors and […]
– LegalLegal regulation of medical liability through the Patients’ Rights Act (PatRG) since 26.02.2013 – Up to more than 170,000 medical malpractice cases – without compulsory insurance? Experts estimate that there are up to more than 170,000 medical malpractice cases per year. Until the PatRG came into force, there was only case law on […]
– Pension capital transfer or change of policyholder – decision between plague and cholera – In purely statistical terms, the length of service of an employee is just under five years. If the employee has a pension plan, he or she will be able to take it with him or her to the new […]
– After a claim, insurers only have a limited amount of time to carry out their own checks. The Cologne Higher Regional Court (OLG Köln, order of 31.01.2012, Ref. 2 W 69/11) put an accident victim in his place. The accident victim sued the liability insurer too early, who is entitled to a review […]
– Why so-called Directors & Officers (D&O) liability insurance policies often do not cover – Manager liability instead of risk management Self-employed persons, i.e. tradesmen and freelancers, often use corporations for their own professional activities. Out of fear of so-called “liability for breaching private assets”, you then have a manager liability insurance policy sold […]
