The private health insurance has a legal obligation to provide advice if there is a recognisable reason – and even more so if there is an explicit request – § 6 VVG. This also includes “human care until the end of life”, for example through palliative and, if necessary, hospice treatment, as well as through […]
The Bundesgerichtshof (BGH, ruling of 13.11.2014, Ref. III ZR 544/13) has recently decided that the failure of the insurance broker to comply with the documentation obligation under Section 61 (1) of the German Insurance Supervision Act (Versicherungsvermittler). 1 sentence 2, § 62 of the German Insurance Contract Act (VVG) may lead to a shift in […]
In matters of financial law I can recommend Mr. I highly recommend Dr. Johannes Fiala! He gives one through his years of experience in the daily fight against big banks, Insurance, etc., but also his extraordinary extensive knowledge in the field of investments, financing, Reversal etc. the confidence needed to stand up effectively as a […]
– When incomplete advice enables the complete reversal – The OLG Saarbrücken (judgement of 26.02.2014, file no. 5 U 64/13) decided that the insurance broker has to point out the differences between the Rürup or basic pension and other models of a flexible private pension (already: OLG Stuttgart, in: VersR 2007, 1069). For example, information […]
Dr. Fiala convinces through his insatiable curiosity, which then also benefits his clients. He devotes himself to the tasks with meticulousness and does not shy away from expressing very clearly when a case is “hopeless”. This is not at all common in the industry…. I have had very good experiences with Dr. Fiala, especially in […]
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 of his or her spouse and the financial burdens associated with it”. The spouse […]
The case: The BFI Bank has never been so broke as it is today. Industry insiders suspected this long before the official bankruptcy petition was filed in court. Lastly, the bank offered credit interest on account balances at a rate far above the market rate, and linked this to a necessary purchase of BFI shares. […]
– 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 […]
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 […]
A variety of insurance products that is difficult for consumers to understand encourages them to make a choice only after consulting a market observer. However, the involvement of experts in investment decisions raises the question of responsibility for their actions. What possibilities of recourse to liability have those seeking advice or otherwise turned to, what […]
