Insurers harm their customers – How self-employed, but especially freelancers, are led to tax evasion In its ruling of 20 May 2009, the BFH (Case No. VIII R 6/07) confirmed its established case law according to which a practice breakdown insurance policy – also known as business breakdown insurance – for the event of […]
Who was previously allowed to sell policies Who used to be allowed to sell policies If the insurance industry were to gather all its agents in one place – they could populate a city like Nuremberg. At present, a good 400,000 self-employed insurance intermediaries as well as around 7,000 professional brokers and a considerable number […]
– When substitution of investments and insurance leads straight to liability – By judgment of 24.07.2015, the OLG Cologne (Case No. 20 U 44/15) ruled that termination and sale of life insurance policies is typically associated with significant disadvantages. Since every insurance broker knows this, he has to point out the disadvantages. If the […]
If flood victims do not have natural hazards insurance, they may be able to hold their insurance agent liable. Brokers as well as agents have to find coverage risks, advise accordingly and document this completely. A lack of documentation can put intermediaries in dire straits, because it reverses the burden of proof. This is what […]
– Credit institutions are liable for failure in real estate financing duration until retirement age – Credit institutions often finance real estate in the foreseeable knowledge that the property will not be paid off by the time the borrower retires. If a failure of the financing and thus a forced sale of the property […]
The Federal Court of Justice (BGH, ruling of 10 March 2016, file no. I ZR 147/14) decided: “The obligations of the insurance broker to provide information and advice primarily include the questions of which risks the policyholder should insure, how the most effective cover can be achieved, with which risk carrier the cover can be […]
The Federal Court of Justice (BGH, ruling of 10.03.2016, file no. I ZR 147/14) once again wrote into the insurance brokers’ logbook how comprehensive their advice must be. The usual questionnaires, including any data retrieval via the Internet, are insufficient. If, in the event of a claim, the insurer (BoD) does not pay or pays […]
– As the broker also has duties of protection against third parties – A recent ruling of the Higher Regional Court of Cologne of 26.02.2016 (Case No. 20 U 102/15) underlines the “obligation of the broker to inform the policyholder that the intended change to private health insurance (PKV) may affect the insurance cover […]
(epn) Mr. Fiala, we would like to start by introducing you to our readers. You have started your professional career as a banker at Bankhaus H.Aufhäuser. Afterwards you studied economics with a focus on financial services (Master of Business Administration, University of Wales) and law (lawyer for over 10 years). They sit on the examination […]
In the third part of their exclusive article for FONDS professionell ONLINE on additional services provided by brokers, attorney Johannes Fiala and actuary Peter Schramm deal with the question of what consequences additional services can have for the brokerage fee. There is more than just a legal question mark behind various additional services that brokers […]
