Mediation law in practice

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“Do insurance brokers owe their clients ongoing service?”

 

The law states the following: “Anyone who undertakes the brokerage of contracts for � insurance � on a commercial basis for other persons, without being permanently entrusted with this by them on the basis of a contractual relationship, has the rights and obligations of a commercial broker” (Section 93 (1) HGB). According to § 652 BGB he receives his “Mäklerlohn” “� 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 – even during the term of the contract – does not apply “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 as a broker (even if some voices see this differently). According to § 652 of the German Civil Code (BGB), the broker receives his broker’s fee already for providing the opportunity to conclude a certain contract. Although not provided for by law, brokers can promise their clients support that goes beyond the brokerage of an insurance contract – however, it is then questionable whether this is actually covered by the VSH policy or whether it represents an increase in risk that must be reported to the VSH insurer.

 
Dr. Johannes Fiala 

(DHBW Newsletter 08/2008)

Courtesy ofwww.dhbw-heidenheim.de.

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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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