The distribution right as a framework for determining sales In a world oriented towards sales and distribution, with internationally organized markets and global exchange of goods, the distribution law forms the legal framework for regulating the distribution of goods at the national and international level. The distribution law does not describe a “set of legal […]
Insurers are beating the drum for year-end business and advertising early unisex solutions. However, some intermediaries have a completely different problem. Particularly in the day-to-day business and in compensation, things are really sticking. portfolio international explains how the biggest pitfalls in everyday sales can be avoided. Shortly before Christmas, a more than 100-year-old practice of […]
The Federal Fiscal Court (Bundesfinanzhof, BFH) has ruled that the VAT-exempt activity as an insurance intermediary consists not only in seeking customers but also in bringing them together with the insurer. As the Federal Fiscal Court stated in its ruling of 6 September 2007 (Ref. V R 50/05), the terms insurance agent and insurance broker […]
Acquisition commission – Portfolio commission in the event of termination by the insurer The case: Insurance broker M looked after his client until the broker’s contract was terminated. Since then, he has not received any brokerage fees from the insurer – and lost his lawsuit before the Federal Court of Justice (BGH) in a ruling […]
by Peter Schramm and Johannes Fiala The case: Insurance broker M looked after his client until the broker’s contract was terminated. Since then he got no more brokerage from the insurer ? and lost its action before the BGH in a judgment dated January 13, 2005. Commission and brokerage: Intermediaries are divided into two groups. […]
An insurance agent gets annoyed when “his” insurance company rejects a client’s application. A lot of work – no commission. Then the question of compulsory acceptance / compulsory contracting arises – can the intermediary or the customer force the insurer to accept the application? Principle: A compulsion to conclude a contract can always be assumed […]
– Unlawful denial of benefits based on lack of medical necessity – Some employees of benefits departments in private health insurance are engaged in strategic claims settlement for potentially up to more than nine million private health insurance policyholders. This means that one ignores if necessary also the supreme court iurisdiction and by own […]
– Why employer time value accounts regularly do not offer insolvency protection – The “Flexi II Act” came into force on 01.09.2009. This was intended to provide employees with better protection against loss in the event of the employer’s insolvency. Today, this proves to be incorrect in at least 98% of the companies. […]
– How capital investors can be deceived systematically also by “money back! order” – Current BGH ruling on the invalidity of “money-back orders The Federal Court of Justice (BGH. Judgment of 11.12.2013, Ref. IV ZR 46/13) ruled that the purchase of “used” life insurance policies is null and void unless it is a genuine […]
– After a claim, insurers only have a limited amount of time to carry out their own checks. The Cologne Higher Regional Court (OLG Köln, order of 31.01.2012, Ref. 2 W 69/11) put an accident victim in his place. The accident victim sued the liability insurer too early, who is entitled to a review […]
