Federal Supreme Court prohibits insurance consultants from charging contingency fees for changing tariffs in private health insurance

– How the insurance consultant with a second job may do exactly this and more nevertheless –   Insurance brokers as well as insurance consultants are allowed to offer policyholders (VN) in private health insurance (PKV) at the change of tariff according to the new tariff. § Section 204 of the German Insurance Contract Act […]

Changing tariffs in the PKV is worthwhile

Changing tariffs in private health insurance often makes sense even for those who have been insured for many years. It is not just a matter of saving on premiums, but of improving benefits.   Private health insurance (PKV) is cheap when you are young – because with statutory health insurance (GKV), contributions are based on […]

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 […]

Tariff change brokers provide prohibited legal advice – but not always!

– When is liability for damages and reimbursement of remuneration regularly incurred ? – The Regional Court (LG) Saarbrücken decided in its judgement of 17.05.2016 (Az. 14 O 152/15) that the search for savings possibilities with existing private health insurance (PKV) is not directed at the proof or mediation of an insurance contract, § 204 […]

What the tariff change broker never reveals and rarely knows

The Ministry of Economic Affairs has submitted a draft bill to transpose the EU Insurance Distribution Directive IDD into German law. Accordingly, the ban on commissions remains in force and in future there will be “fee-based insurance consultants The SHI system should become more attractive for the self-employed. In the guest article, attorney Dr. Fiala […]

BGH – Liability of tariff change optimizers also applies to old cases

Health insurers may demand an exclusion of benefits in the target tariff if the policyholder changes tariffs. The policyholder does not need to have an increased risk for this. This is clear from a ruling of the Federal Court of Justice (BGH). As a result, tariff change optimizers who accept unreasonably high risk surcharges for […]

Court prohibits making it more difficult to change private health insurance tariffs by means of a “tariff structure surcharge

Premium adjustment clause of Allianz Krankenversicherung also invalid?   Penalisation of old customers as tariff switchers through premium surcharge Since the introduction of the new Aktimed tariffs, Allianz has levied an additional flat-rate surcharge, the so-called tariff structure surcharge, on all switchers from the old tariffs. This reduced the potential savings of those switching from […]