Can there be a gap in the insurance cover despite the fact that there is no time limit for interruption after reinsurance?

An article from the series “Vermittlerrecht praktisch” of the DHBW Heidenheim: The OLG Celle (judgment of 10.05.2012, ref. 8 U 213/11) ruled: “If a policyholder who has changed his homeowners’ insurer cannot prove, within the meaning of Code of Civil Procedure section 286, to which time a tap water damage has occurred, so that it […]

On the brutal pedagogy of brokerage contracts, maximum liability sums and VSH reinsurance

[expert network] Dear Mr. Fiala, brokerage contracts are offered as a service by pools, working groups, associations and distributors. From your point of view, were there any anomalies? (John Fiala) I have noticed that numerous sample contracts contradict each other in terms of content. Spot checks show that any text patterns were copied from form […]

On the brutal pedagogy of brokerage contracts, maximum liability sums and VSH reinsurance

(expert-network) Mr. Fiala, brokerage contracts will be from pools, working groups, Associations and distributors as a service offered. From your point of view. any abnormalities? (Johannes Fiala) I noticed, that numerous sample contracts contradict each other in substance. Spotlight Research shows that any text samples from form books were written off. Always clauses are to […]

bAV: Insolvency administrator can collect and realise reinsurance of a pension commitment of the GGF!

*by Johannes Fiala, Attorney at Law (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), Banker (www.fiala.de) At sales training courses it is often claimed that company pension schemes are protected against insolvency. Even an insolvency administrator cannot access this money of the managing partner (GGF) – in particular the reinsurance – if, […]

Liability trap: occupational pension reinsurance with closed participations

*by Dr. Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Lecturer in Civil and Insurance Law (Univ. of Cooperative Education), Banker (www.fiala.de) What some people pretend to themselves, that no one imitates them so quickly. (Gerd Uhlenbrock) Both in the company pension […]

bAV: Risk multiplication through leverage with the reinsurance of pension commitments

by Florian Nolte, Assessor iur. (nolte-florian@web.de) and Johannes Fiala, Attorney at Law (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Banker (www.fiala.de ) Preface This case, dear reader, is not real: similarities with (still?) living persons and GmbH�s, also of the contemporary history, are purely coincidental and not intended. […]

Statement on the info letter of Deutsche BAV Current BGH ruling on the pledging of reinsurance!

Open letter from Mr. Fiala, lawyer, to the sales manager of Deutsche BAV, Mr. Schwaiger, with a statement on the published info letter: Dear Mr. Schwaiger, Sales Manager, Thank you very much for your letter. I would be pleased to take up your request and suggestion, in particular with a timely continuation on the subject […]

bAV: Reinsurance policy not insolvency-proof – insolvency administrator can withdraw reinsurance of a pension commitment of the GGF

Johannes Fiala, lawyer (Munich), Andreas Michael Bosl, management consultant bAV (Pöcking). At sales training courses it is often claimed that company pension schemes are protected against insolvency. Even an insolvency administrator cannot access this money – in particular the reinsurance – if, for example, the employer goes bankrupt. This 1, is however simply wrong, as […]