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 […]

Legal restriction to the surrender value in the event of revocation of life insurance policies is contrary to EU law

– Current ECJ ruling opens up reversal with perpetual cancellation right also for new life insurance policies since 2008 –   The bang of the European Court of Justice (ECJ) The European Court of Justice ruled (ruling of 19 December 2019, ref. C355/18, C-357/18, C-479/18) that a provision in insurance contract law according to which […]

When revocation and/or amendment of a subscription right can fail

The Federal Court of Justice (BGH, ruling of 25.09.2019, ref. IV ZR 99/18) had to deal with the life insurance of a policyholder (VN) who had fallen into a coma in 1993 after an accident. The wife, who was divorced in 1994, was entitled to withdraw her claim. The father of the UN informed the […]

Federal Court of Justice: New legal expenses insurance must also pay if old contracts are cancelled

– When to revoke credit and loan contracts, as well as life, annuity and other insurance policies -. The Federal Court of Justice (BGH, judgment of 24 April 2013, Case No. IV ZR 23/12) decided when customers of, for example, credit institutions (in particular private banks, savings banks) as well as insurance companies have a […]

The additional remuneration agreement may be revoked

What compensation does the customer owe in the event of premature cancellation of his insurance premiums? The German Federal Supreme Court (BGH, ruling of 12 December 2013, file no. III ZR 124/13) decided that not only a broker but also an insurance agent can be promised a remuneration by his customer for brokering a life […]

Commission-free net policies: The additional remuneration agreement can be revoked

The German Federal Supreme Court (BGH, ruling of 12 December 2013, file no. III ZR 124/13) decided that not only a broker but also an insurance agent can be promised a remuneration by his customer for brokering a life insurance policy with a net policy. Capital investors and medium-sized companies are increasingly taking advantage of […]

Additional remuneration agreement can be revoked

The German Federal Supreme Court (BGH, ruling of 12 December 2013, file no. III ZR 124/13) decided that not only a broker but also an insurance agent can be promised a remuneration by his customer for brokering a life insurance policy with a net policy. Capital investors and medium-sized companies are increasingly taking advantage of […]

Net policies: additional remuneration agreement may be revoked

If a net policy is brokered, additional remuneration may be agreed. In the guest article, Dr. Johannes Fiala and Peter Schramm shed light on the conditions under which this must be paid even in the event of premature termination of the contract. The German Federal Supreme Court (BGH, ruling of 12 December 2013, file no. […]

The elimination of irrevocable subscription rights by revoking the LV

If a life insurance contract falls within the estate, it is first and foremost a matter of all rights of structuring; such as termination, revocation of a subscription right, contesting the insurance contract, as well as revocation of the conclusion of the contract itself. The legal claim for payment of the contractual sum insured is […]