Natural hazard damage: When injured parties can seek compensation from insurance brokers and agencies

If flood victims do not have natural hazards insurance, they may be able to hold their insurance agent liable. Brokers as well as agents have to find coverage risks, advise accordingly and document this completely. A lack of documentation can put intermediaries in dire straits, because it reverses the burden of proof. This is what […]

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 […]

Finance and risk control

More wealth in a planned and controlled manner The own assets in a planned and future-oriented management as well as value-enhancing and risk-optimized investment requires the highest degree of Knowledge and time. Not everyone who has achieved a certain level of wealth is also a financial or controlling expert , so it is advisable to […]

Why do insurance brokers have only limited duties of advice and documentation?

The Higher Regional Court (OLG Hamm, decision of 5 December 2018, file no. 20 U 146/18) confirmed the dismissal of the complaint regarding the (alleged) miscounseling by an insurance broker when changing the cover of a private health insurance. The new private health insurer had later challenged the contract because of incorrect answers to the […]

Federal Court of Justice: Insurance brokers do not have to look after customers on a permanent basis

– Why a broker is allowed to give advice on changing tariffs for a contingency fee –   The Federal Court of Justice decided (BGH, ruling of 28.06.2018, file no. I ZR 77/17) that an insurance brokerage contract does not require that the client is to be looked after on a permanent basis according to […]

Why are insurance agents and insurance brokers liable for underperformance?

The Social Court of Dresden (judgement of 09.03.2017, file no. S 39 VE 25/14) decided that if private provision by (accident) pension insurance coincides with pension entitlement under the Victims’ Compensation Act (due to a criminal offence suffered), partial crediting takes place. The victim’s pension of € 708 was reduced by about € 580 (part […]

No claims settlement through insurance brokers

In the view of VDVM, a current ruling by the BGH will have far-reaching consequences for insurance brokers. Even though it will still be some time before the reasons for the judgement are given, it is becoming apparent that the Federal Court of Justice considers the settlement of claims by insurance brokers to be a […]

Claims assistance for insurance brokers & policyholders in the event of damage

The Federal Court of Justice (BGH, ruling of 14.01.2016, file no. I ZR 107/14) decided that insurance brokers may not settle insurance claims on behalf of insurers (VR). In addition, there are insurance brokers who offer damage assistance to broker colleagues and their insurance customers, or to their own and any policyholders (UN) – recently […]

Commentary: What impact codes of conduct have on insurance brokers

At the beginning of the month, the insurers’ association GDV published the first audit reports for compliance with its own Code of Conduct. In a guest article for FONDS professionell ONLINE, Johannes Fiala and Peter A. Schramm explain that the codes will not remain without consequences for brokers. In 2012, the German Insurance Association (GDV) […]