Are insurance brokers without power of attorney risking their livelihoods?

– Reasons for the implementation of a “Code of Conduct” imposed by the insurer -.   In principle, the principle of freedom of contract also prevails in insurance mediation. If an insurance broker refuses to comply with certain specifications of the insurer and to undertake to do so in advance vis-à-vis the insurer, the insurer […]

No transfer of personal data to brokers without customer power of attorney ?

The new GdV “Code of Conduct (CoC) Data Protection” – data protection code for short – regulates in Art. 20, among other things: “Personal data of insured persons or applicants may be transferred to an insurance broker if they have granted the broker a broker’s power of attorney.” In some cases, insurance brokers are massively […]

The family key power as a liability trap for the insurance broker

In its ruling of 28 February 2018, the Federal Court of Justice (BGH, Ref. XII ZR 94/17) ruled that “a spouse may terminate the fully comprehensive insurance policy for the family vehicle running on his or her partner even without the latter’s power of attorney”, as the press release did not quite put it:   […]

Attorney-client privilege or tax liability

“Don’t go to the prince before you are summoned,” says attorney Rüstig, until suddenly his first liability notice is delivered to him personally.   He had been obedient since 1.1. In 1993, he complied with the Interest Discount Act (“ZaSt “er!) by distributing the interest income from escrow accounts among his clients and then certifying […]

Reversal of closed participations and life insurances through rescission, revocation and termination?

– How capital investors can be deceived systematically also by “money back! order” –   Current BGH ruling on the invalidity of “money-back orders The Federal Court of Justice (BGH. Judgment of 11.12.2013, Ref. IV ZR 46/13) ruled that the purchase of “used” life insurance policies is null and void unless it is a genuine […]

Life insurance companies and foundations from Liechtenstein, Bermuda, Switzerland and Papua New Guinea

– When structures for asset protection and succession planning are ineffective – Banks and insurance companies, as well as financial advisors from Germany and abroad, are praising foreign camouflage constructions via prospectuses and appraisals. This should make it practically possible for assets of 100,000 euros or more to constitute a secure succession arrangement by circumventing […]

Living will and health care proxy instead of care and rationing?

– How citizens can better protect themselves from caring coercion and arbitrariness at an early stage –   Federal and state ministries, as well as charitable organizations, offer a wealth of different forms to help people help themselves when setting up a patient’s will and health care power of attorney. § Section 1901a of the […]

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 […]

Inheritance and pension law: Your lawyer for competent advice in Munich

Inheritance law: Advice and support on inheritance The subject of inheritance and bequeathing is as old as mankind itself and the subject Erbrecht is an extremely sensitive and complex area. Only a few people deal extensively with the subject of bequests during their lifetime and often leave their heirs more trouble than assets. Everybody knows […]