From the series of newsletters of the DHBW (Baden-Wuerttemberg Cooperative State University) Heidenheim on the topic “Mediation Law in Practice”:
At this point, lawyer Dr. Johannes Fiala, https://www.fiala.de, lecturer for insurance law at the DHBW Heidenheim, will answer your questions. Questions can be asked by emailing ott@dhbw-heidenheim.de.
No, because insurance consultants (VB) are only allowed to examine existing contracts, for example. The VB is also permitted to assist the customer in deciding between several offers, for example by highlighting significant differences in the coverages or conditions. Finally, the VB may also negotiate coverage concepts and condition improvements, as well as handle claims out of court (similar to a lawyer). Consequently, the VB may provide all types of advice and extrajudicial representation of interests in the field of private insurance. Prohibited is advice in the sense that the VB “leads” the customer to a certain product decision, i.e. acts as a salesman/agent. Furthermore, legal advice is prohibited unless it is merely ancillary to insurance (legal) advice. For example, complex issues in insolvency or employment law are to be considered.
Dr. Johannes Fiala
(DHBW Newsletter 08/2009)
Courtesy of www.dhbw-heidenheim.de.
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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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