– Why a broker is allowed to give advice on changing tariffs for a contingency fee – The Federal Court of Justice decided (BGH, ruling of 28.06.2018, file no. I ZR 77/17) that an insurance brokerage contract does not require that the client is to be looked after on a permanent basis according to […]
A marketing expert remarked: “The best marketing agency is in Berlin – that is, the government”. First came the Riester pension with subsidised allowances, then the increasingly tax-deductible basic pension – also known as the Rürup pension. One financial services provider said: “The shift from state to private retirement provision is a growth market for […]
– Liability traps and gaps in coverage in the daily sickness benefit insurance – In its ruling of July 6, 2016 (Case No. IV ZR 44/15), the Federal Court of Justice decided that regulations in the model terms and conditions (Section 4 IV MB/KT 2009) which regulated a compulsory reduction of the insured daily sickness […]
Policy sale next to the deposit machine? Why not! Lawyer Johannes Fiala and actuary Peter A. Schramm explain how discounters and full-range retailers could circumvent the strict rules for insurance brokerage. Insurance intermediaries have to face growing competition from online comparison portals and brokers as well as direct insurers. Tech giants like Google and […]
In a legal doctoral thesis it is claimed that without a surrender value in a life insurance policy – as allegedly given in basic pension contracts – any amount of money can be protected as assets, protected from creditors and insolvency administrators. However, caution is advised here. In a new textbook, originally a doctoral thesis […]
How does case law help financial institutions to pass on miscalculations? The regulations on the elimination of the basis of business in the German Civil Code (BGB) can be an approach to reorganize financial institutions in distress. For example, when building societies terminate the higher-interest deposits – sometimes with success. An insurer could terminate […]
Health insurers may demand an exclusion of benefits in the target tariff if the policyholder changes tariffs. The policyholder does not need to have an increased risk for this. This is clear from a ruling of the Federal Court of Justice (BGH). As a result, tariff change optimizers who accept unreasonably high risk surcharges for […]
Rürup annuities or basic annuities are in principle not inheritable by contract, as agreed with the insurer, nor can they be properly terminated, lent or sold, nor pledged. This requirement for tax deduction results from § 10 I No. 2b EStG. Experts of the company “Wikipedia” think that the Rüruprente according to § 851c […]
The Stuttgart public prosecutor’s office, white-collar crime division, evaluates the deception of investors by misleading yield information according to the internal rate of return method, also known as IRR yield, as an objective fact of investment fraud according to § 264 a StGB. The opinion was first published in February 2005. More and more investors […]
Rürup annuities or basic annuities are in principle not inheritable by contract, as agreed with the insurer, nor can they be properly terminated, lent or sold, nor pledged. This requirement for tax deduction results from § 10 I No. 2b EStG. Experts from “Wikipedia” think that the Rüruprente according to § 851c II ZPO represent […]
