bAV: Pension commitment with pension gap for widows/orphans

by Diplom-Kaufmann (Univ.) Edmund J. Ranosch, financial analyst (Wöllstadt) (eranosch@web.de) and Johannes Fiala, lawyer (Munich), M.B.A. (Univ.Wales), (www.fiala.de) Pension commitment for widows and orphans: A design error that is still being made today by smaller and larger insurers is the incorrect pledging of the pension commitment to widows and orphans at the GGF. This is […]

occupational pension schemes: gaps in insurance cover for intermediaries, initiators and trustees

By Ralf W. Barth, Property Damage Liability Broker (www.rwbfinanz. de) and Johannes Fiala, lawyer (www.fiala.de) Practical gaps in the intermediary’s VSH protection: A short story starts with the statement of an insurer that only the advice of the employer in the occupational pension scheme is insured in the scope of coverage ? but not the […]

All-risk insurance of residential buildings and contents – a marketing gimmick?

– Why everything is never insured against every conceivable risk –   When an insurer describes its product as “all-risk insurance”, this sometimes resembles the advertising promise of “guarantee certificates”: A close examination of the policy terms and conditions may reveal it to be “marketing cheese with massive holes” in the insurance coverage   Coverage […]

Neither liability umbrellas nor structured distributors protect intermediaries from personal liability

– When sellers, intermediaries and advisors are themselves in the fire in the case of insolvent investments –   A well-known structural distributor was ordered to pay damages by judgment of 31.07.2014 (LG Frankfurt/Main, Case No. 2-32 O 154/13) because an investment advisor insufficiently informed about risks of a real estate fund. Structural distributors and […]

Professional liability insurance for doctors and dentists

– LegalLegal regulation of medical liability through the Patients’ Rights Act (PatRG) since 26.02.2013 –   Up to more than 170,000 medical malpractice cases – without compulsory insurance? Experts estimate that there are up to more than 170,000 medical malpractice cases per year. Until the PatRG came into force, there was only case law on […]

Books / Technical articles

Publications – Technical papers Fiala/Schramm, Insolvency risk of British life insurers when relocating to Ireland, ExpertenReport, issue 7/2019, pages 60-62 Fiala/Schramm, When are insurers no longer obliged to pay benefits or can reduce benefits?Expert Report, issue 3/2019, pages 56-58 Fiala/Schramm, No insurance coverage in case of refusal to pay protection money, ExpertenReport, issue 11/2018. Pages […]

Insurance Law

Insurance law: inform in good time Nowadays, there is almost no aspect of life that cannot be covered by a insurance. The field of insurance law is broadly diversified and applies both in the area of private provision and in corporate risk minimization. Many insurances are almost regarded as basic equipment for a “carefree” life. […]

Federal Court of Justice: Insurance brokers do not have to look after customers on a permanent basis

– 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 […]

The all-risk insurance of residential buildings and household contents – a marketing gag?

When an insurer describes its product as “all-risk insurance”, this sometimes resembles the advertising promise of “guarantee certificates”. If the terms of the contract are carefully examined, it may be “marketing cheese with huge holes” in the insurance cover. Why everything is never insured against every conceivable risk. Pepperminzia insurance promises the perfect protection for […]

Marketing cheese with huge holes

If an insurer offers “all-risk insurance”, intermediaries should carefully examine the terms and conditions of the contract. Because such policies can be “marketing cheese with huge holes” in the insurance coverage, warn Dr. Johannes Fiala and Peter Schramm in the guest article. Pepperminzia insurance promises the perfect protection for your home, all-inclusive, so that the […]