Intermediary right practically – What must a broker, what an Agenturist consider with a change to the fee consultation?

 At this point, attorney-at-law Dr.
Johannes Fiala,, your questions.
You can ask questions by sending an e-mail

Since 2008, the legislator has in the new VVG (§ 59)
clearly define the professional profiles of insurance agent, insurance broker and insurance adviser
regulated: Only insurance advisors may professionally advise third parties on the agreement, amendment or review of insurance contracts or on the assertion of claims arising from insurance contracts or represent them out of court vis-à-vis the insurer without receiving an economic advantage from an insurer (broker and agent) or being dependent on it in any other way (representative). So brokers and agents are not allowed to do that,
without violating their registration status.
However, for insurance agents and brokers, activities of another trade, e.g. as a business consultant
(e.g. on personnel policy) or as a secretarial service are permitted. Also, there are probably exceptions with brokers “for old hands” that you have to fight through in court if necessary.
Remains for the broker the option of the § 34d GewO:
“The license granted to an insurance broker includes the authority to sell to third parties who are not consumers
are, in the agreement, amendment or review of insurance contracts for a separate fee
legal advice”, i.e. fee-based advice in the commercial sector.

In any case, the problem with a consultation for a fee is that it is a contingency fee and
not a time allowance. This then regularly requires a so-called individual agreement.
in the legal sense with the customer, because otherwise the remuneration would not be enforceable at all.
A first “cross-check” on the question of what one is allowed to do in one’s own business field is offered by a look at the VSH terms and conditions:
In case of doubt, the scope of cover (depending on the activities) should be (additionally) confirmed by the insurer.

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About the author

Dr. Johannes Fiala Dr. Johannes Fiala

Dr. Johannes Fiala has been working for more than 25 years as a lawyer and attorney with his own law firm in Munich. He is intensively involved in real estate, financial law, tax and insurance law. The numerous stages of his professional career enable him to provide his clients with comprehensive advice and to act as a lawyer in the event of disputes.
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