Mediation law in practice


“May tipsters be contractually bound to a brokerage firm or agency? May remuneration be agreed in the contract?”


Tipsters are persons who are not registered in the register of intermediaries of the Chamber of Industry and Commerce, because they do not conclude a new insurance contract with an insurer. Of course, these can be tied to an insurance intermediary (broker or agency). It is problematic that these are often already included in the first consultation, and are mostly not (co-)insured, especially in the VSH. This can later mean ruin for the client of the tipster if the tipster has given incorrect advice. Every insurance intermediary (whether agent, multiple agent or broker) is therefore advised to have his tipsters included in the VSH. It is unproblematic to remunerate a (contractually correctly integrated) tipster – for example in the case of success. What is important is that it is a case-by-case cooperation that is clearly documented for each individual case. If, for example, the tipster had to work off telephone lists, problems with bogus self-employment could arise in terms of tax and social insurance. Therefore, the intermediary must take care to ensure that all contracts with its employees – including tipsters – are drawn up correctly.


Dr. Johannes Fiala
(DHBW Newsletter 11/2010, 2)

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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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