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 protection against malicious actions

– How FIFA, Microsoft, WPs, BP and the Mafia are sued under the same law – VW is – hopefully – not a criminal organization, just like Microsoft, BP, the FIFA or auditors (WPs) of Russian companies. Surely VW only admitted the objective circumstances in a legally preventive way, or rather admitted something of which […]

Schwarzbuch VW: Duty of risk management

How FIFA, Microsoft, WPs, BP and the Mafia are sued under the same law and pilloried through American glasses, Dr. Johannes Fiala and Dipl.-Math. Peter A. Schramm explain in a multi-part article.   The first part was about the “Racketeer Influenced and Corrupt Organizations Act”, a US federal law that makes this kind of jurisdiction […]

Generation consultants, succession planners and financial planners together with initiators in conflict with the Legal Services Act

For decades there has been the training as Financial-Planner (financial planner), Estate-Planner (succession planner) and for some years now as Generation Consultant with IHK certificate. Surely only the trainers will make money from this for the time being. At second glance, it is a guide to the violation of the Legal Services Act (RDG) and […]

Permits for guardianship of minors, care and administration of the estate

Permits for guardianship of minors, care and administration of the estate Introduction A legal guardian can be appointed for an adult: Legal guardianship leads to legal guardianship, § 1902. The guardianship court may appoint a voluntary guardian (lay guardian) or a professional guardian. The appointment of a suitable volunteer supervisor is a priority. The volunteer […]

Reduction of liability and plausibility check for investment advisors for closed-end fund offers – Part I

The liability risks of insurance brokers, investment brokers and consultants, but also of distributors and financial planners, differ depending on the customer (advice suitable for investors), capital investment (advice suitable for the property) or the risk involved (advice following property inspection and risk analysis). Obligation to disclose commissions – or reverse the transaction: This first […]

Volkswagen or the Mafia – who is a criminal organisation?

VW is not a criminal organization, just like Microsoft, BP, the FIFA or auditors (WPs) of Russian companies. Surely VW only admitted the objective circumstances in a legally preventive way, or rather admitted something of which perhaps until today one did not even know for sure whether one had done it at all – but […]

Sales success or wasted legal additional income with the insurance broker?

– When insurance brokers can receive fees in addition to brokerage –   “Tine flies like an arrow. Fruits flies like a banana.” (Groucho Marx) For decades, insurance brokers have competed with business and tax advisors, legal counsel, and insurance consultants. In this context, comprehensive insurance advice as pure legal advice is (also) part of […]

Insurance fraud in connection with partial retirement, working time accounts and pension commitments via double trust (CTA)

Total loss in the case of partial retirement, working time accounts and pension commitments How directors, other officers, or self-employed agents completely lose their retirement benefits due to ineffective trust models.   The business model of renowned corporate consultants for occupational pension schemes (bAV) includes the provision of the reinsurance assets by means of a […]

Typical gaps in protection in the financial loss liability insurance of the guardian

CONTENTS   I. Liability in the event of delegation of tasks II. Particular gaps in cover for voluntary guardians III Further questions regarding adequate insurance cover arise for the professional guardian: Consequences of partnership, cooperation and office sharing No pecuniary loss insurance for lawyers and tax advisors in the case of commercial activity as guardian […]