Here’s what the law says:
“Any person who, on a professional basis, undertakes the brokerage of insurance contracts on behalf of other persons without being permanently entrusted with this task by them on the basis of a contractual relationship shall have the rights and duties of a commercial broker” (Section 93 (1) HGB).
According to § 652 BGB he receives his “broker’s fee” for the proof of the opportunity to conclude a contract or for the mediation of a contract “.
There is an obligation to consult pursuant to § 6 para. 6 VVG – also during the term of the contract -.
not “if the contract with the policyholder is brokered by an insurance broker”.
In the case of brokering, support, even advice, is therefore not part of the core activity of a broker.
(even if some voices see it differently). According to § 652 BGB the broker receives his brokerage fee already for the
Providing the opportunity to enter into a specific contract.
A service that goes beyond the brokerage of an insurance contract, although not provided for by law,
can, however, be contractually promised to the customer by the broker – however, it is then questionable whether this can be
VSH cover is actually included or represents an increase in risk which must be notified to the VSH insurer.
Dr. Johannes Fiala
(DHBW Newsletter 08/2008)
Courtesy of www.dhbw-heidenheim.de.
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About the author
Dr. Johannes FialaPhD, MBA, MM
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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