How strong claims management becomes a dangerous “service”?

The Federal Court of Justice (BGH, ruling of 07.07.2020, ref. VI ZR 308/19) decided that an employed claims adjuster is (co-)liable in tort if he uses his alleged expertise for an injured party by exerting influence on the performance of third parties; § 823 I BGB.   In the case in question, the injured party […]

Overview: These services are tax free

Wage tax and social security are at least as complicated as the taxation of the Mittelstands-GmbH. This is usually in the hands of tax clerks, who bear responsibility but are not allowed to advise alone. Up to more than 50 possibilities for tax-free or only flat-rate taxable benefits from the employer to his employees therefore […]

When the passing on of commission, material and services are prohibited special benefits

The Administrative Court of Frankfurt/Main (VG Ffm, Az. 7 L 3307/18.F) decided in its decision of 28.09.2018 – completely in line with the Federal Financial Supervisory Authority (BaFin) – that even regular payments by an intermediary (VM) to the policyholder (VN) declared as a reduction in premiums are prohibited as a commission fee, § 48b […]

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 […]

Interview with lawyer Johannes Fiala on current trends in the financial services sector

(epn) Mr. Fiala, we would like to start by introducing you to our readers. You have started your professional career as a banker at Bankhaus H.Aufhäuser. Afterwards you studied economics with a focus on financial services (Master of Business Administration, University of Wales) and law (lawyer for over 10 years). They sit on the examination […]

Expert: What extra services may a broker offer?

The area of additional services is a mined field for brokers. In an exclusive article for FONDS professionell ONLINE, attorney Johannes Fiala and actuary Peter Schramm cut some aisles for brokers.   It is well known that brokers work on behalf of customers and are therefore also trustees who are supposed to represent customer interests. […]

Amendment: Will brokers become dependent service providers of insurers?

Is the status of brokers as independent fiduciaries of policyholders up for grabs? In a guest article for FONDS professionell ONLINE, Johannes Fiala and Peter A. Schramm explain that this will be precisely the consequence of a paragraph in the amendment to the Insurance Supervision Act.   published in Tax & Law on 16.01.2015 Link: […]

The pecuniary loss liability of the insurance broker and other financial service providers

What benefits the policyholder can expect from the insurer Passive insurance The aim of the insurance cover is to keep the policyholder free from liability obligations (BGH NJW 1967, 2203). This will also include claims for injunctive relief and removal pursuant to Section 1004 of the German Civil Code, for example in the case of […]

How much legal advice can financial service providers afford?

From the series of newsletters of the DHBW (Baden-Wuerttemberg Cooperative State University) Heidenheim on the topic “Mediation Law in Practice”: At this point, attorney-at-law Dr. Johannes Fiala,, lecturer for insurance law at the DHBW Heidenheim, your questions. Questions can be asked by emailing First of all, there must be a connection with a […]