Extraordinary termination without notice of contractually non-cancellable insurance and other contracts

– How to immediately terminate long-term occupational and personal pension contracts -.   It is not only in private banks that it is common for employees to have to earn up to more than three times their gross salary. For bank customers, this means that up to more than 1% of their assets can go […]

Invalidity of contracts, confiscation of assets and arrest in case of breach of penalties

Sanctions have been in fashion for centuries, and are being broken. The widow Barbe-Nicole Clicquot-Ponsardin, in reaction to Napoleon’s Russian campaign, was concerned with the embargo imposed by the Russian Tsar on French products in 1812. The widow hired a Dutch ship, had it loaded with over 10,000 bottles of the 1811 vintage, and was […]

Framework contracts in professional liability insurance

Laws and professional codes of conduct require many professions to take out liability insurance for financial loss, but also sometimes for personal injury and damage to property. The content and scope of the minimum insurance is regulated differently depending on the profession. If a GmbH provides tax advice, financial losses amounting to € 250,000 must […]

Variants of immoral insurance contracts

Insurance products supervised by the Federal Financial Supervisory Authority (BaFin) may also be null and void on the grounds of immorality. This then also applies to the contract with consultants and agents. The investor therefore has no claim to be protected from receiving false advice: A release from liability without any financial loss liability (VSH). […]

Ineffective insurance contracts due to void brokerage authority

The importance of legally effective brokerage agreements is repeatedly pointed out. The team of authors, Dr. Johannes Fiala and Peter Schramm, explain in their contribution which difficulties arise for the parties involved due to missing, insufficient or too comprehensive brokerage powers.   The Federal Court of Justice (BGH, ruling of 29.05.2013, ref. IV ZR 165/12) […]

Contractual benefits in the PKV not safe!

The PKV does not cease to invoke an alleged disadvantage of the statutory health insurance. There, the legislature could reduce benefits at any time by legislative decree. He had also made use of this time and again in order to keep an increase in contribution rates within limits. In private health insurance, on the other […]

occupational pension schemes: gaps in insurance cover for intermediaries, initiators and trustees

by Ralf W. Barth, pecuniary loss liability broker (www.rwbfinanz.de) and Johannes Fiala, lawyer (www.fiala.de) Practical gaps in the intermediary’s VSH protection: A short story starts with the statement of an insurer that only the advice of the employer in the occupational pension scheme is insured in the scope of coverage – but not the advice […]

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 […]

BGH: Failure to disclose further insurance contract – oversight clause

*by lawyer Dr. Johannes Fiala, MBA Financial Services (Univ. Wales), MM (Univ.), banker (IHK), certified financial and investment advisor (A.F.A.), lecturer for civil law and insurance law (Univ. of Cooperative Education) The case: A policyholder (VN) took out an accident insurance policy. After the claim, the insurer (VR) refused to indemnify and informed the policyholder […]