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 […]
– How the release leads to the thwarting of evidence and denial of benefits -. Evidence thwarting by the policyholder in the event of a claim Whoever starts to repair the damage after the so-called release by the insurer bears the risk of not being able to prove the amount of damage later on. […]
The Federal Court of Justice (BGH, ruling of 09.02.2018, ref. V ZR 311/16) decided that a property owner who has a craftsman carry out repair work on the house is responsible – i.e. liable – to the neighbour. In the present case, the house had burned down after roofing work due to an embers nest […]
– Whereupon in particular financial plant mediators in accordance with § 34 f exp. 1 GewO and intermediaries of financial services according to § 34 c GewO, as well as insurance brokers have to pay attention to – Currently, thousands and thousands of advisors and brokers are receiving notices from their asset protection liability […]
– What insurance customers should pay particular attention to in the event of a claim? – The European Court of Human Rights ruled (judgment of 02.02.2016, ref. 7186/09) that a technically incorrect calculation method discriminatorily understates the disability pension. Due to an incorrect approach, the degree of disability had been reduced from 50% to […]
– After a claim, insurers only have a limited amount of time to carry out their own checks. The Cologne Higher Regional Court (OLG Köln, order of 31.01.2012, Ref. 2 W 69/11) put an accident victim in his place. The accident victim sued the liability insurer too early, who is entitled to a review […]
Insurance law: inform in good time Nowadays, there is almost no aspect of life that cannot be covered by a insurance. The field of insurance law is broadly diversified and applies both in the area of private provision and in corporate risk minimization. Many insurances are almost regarded as basic equipment for a “carefree” life. […]
The Higher Regional Court (OLG) of Oldenburg decided in its ruling of 19.12.2013 (Case No. 1 U 67/13) that an insurer (VR) cannot invoke the statute of limitations after years in the case of long-term claims if it had previously given a qualified acknowledgement. Statute of limitations regularly after three years at the end of […]
If the insurance company has acknowledged a claim but has not settled it over a long period of time, it cannot subsequently invoke an alleged limitation period for its claims. This was decided by the Oldenburg Higher Regional Court. In the following article, our experts, lawyer Johannes Fiala and expert Peter A. Schramm, explain what […]
– What insurance customers have to consider in the event of a claim in order to avoid the statute of limitations – The Oldenburg Higher Regional Court (OLG) ruled in its judgment of 19.12.2013 (Ref. 1 U 67/13) that an insurer (VR) cannot invoke the statute of limitations after years in the case of […]
