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.
You can ask questions by sending an e-mail to ott@dhbw-heidenheim.de.
The answer to this is always a snapshot in time; liability risks emerge, become known, and then, of course, are avoided – by some who are in the
Intermediary or liability law know, faster, from others slower. For some of the slow ones, it has been too late in the past.
Currently, for example, it is being discussed that there is a “smoothing”, the “market price adjustment”, as well as a “maturity bonus” for British life insurance policies for German customers.
Unfortunately, the contracts of German customers are subject to the German VVG, which does not know such terms. So it happens time and again that terminated British
Policies are billed “British” by the insurer – but the customer is entitled to additional money according to German VVG.
Another example is the own VSH coverage: Many brokers only find out in a liability case that they have either “noticed” considerable coverage gaps in the VSH coverage customary in the market, or that they do not receive coverage from the insurer due to a violation of basic legal obligations of a broker.
On the website http://www.suega.de/bgh.htm in particular, one broker has nicely summarised central core obligations: Practice shows that customers always
again are not informed immediately by the broker about his correspondence with insurers – an ideal hook for the customer to later hold the broker liable.
Dr. Johannes Fiala
(DHBW Newsletter 05/2008)
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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