The fairy tale of the “documentation and advice waiver” – a guide to the certain destruction of existence for almost every insurance broker * *by Dr. Johannes Fiala, lawyer (Munich), mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), lecturer in civil law and insurance law (Univ. of Cooperative Education), […]
If providers of group insurance contracts, such as associations and companies, pursue their own monetary interest with their offer, they may require registration as insurance intermediaries. How group insurance policies can be designed and, if necessary, alternatives can be created, even if the intermediary license according to § 34 GeWo is missing. Insurance company […]
How expensive will the dream of home ownership For many people, the dream of owning their own home is a lifelong goal and an integral part of private wealth accumulation. Hardly any other investment symbolizes security, stability and the realization of personal dreams as much as a home of one’s own. Often, the path to […]
– Why professional associations must treat members the same as employees ? – “Mountaineers: two men whose purpose is to climb mountains”. (Expedition to Kilimanjaro, Monty Python’s Wonderful World of Gravity) The General Equal Treatment Act (AGG) has been in force since 2006, which has made employers in particular very cautious. For example, by […]
– 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 […]
– How insurance agents and brokers are liable for incorrect fact finding and other errors -. The Federal Court of Justice (BGH, judgment of 12 March 2014, Case No. IV ZR 306/13) dismissed the claim of a policyholder against his insurer for damages due to insufficient information. The insured person or his insurance broker had […]
– Why tariff change optimizers contribute to old-age poverty – Risk surcharges in private health insurance are intended to compensate for people with pre-existing conditions that the normal tariff premium is calculated only for people with normal risk. Since treatments for pre-existing conditions and their consequences also become more expensive over the years already […]
– Why the Small Investor Protection Act does not protect against investment losses due to low interest rates – Obligation to provide investor-friendly advice According to the BGH Bond ruling (Federal Court of Justice ruling of 14.06.2007, Ref. XI ZR 12/93), all investment advice must be appropriate to the investor and the property. Investor-oriented […]
– 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 […]
– Products and concepts for formerly licensed intermediaries, brokers, tipsters and advisors – Investors lose up to more than €40 billion every year because they did not really understand the financial products sold to them – or were the victim of fraud. It is typical that even formerly unsuspicious competence bearers or their financial […]
