Subscription rights of life insurances – special features in the event of death, separation, divorce and insolvency

Many a policyholder decides too late on the possible change in the subscription right of his life insurance policy(ies). It is therefore important to think about the possible consequences at an early stage. The authors pointed out seven specific pitfalls. Red.   If the policyholder instructs his broker to change the subscription right, it is […]

The split subscription right: The insurers’ solution for small and medium-sized …

Mr. C., an insurance broker, appears and presents the following model to the entrepreneur: You won’t get any more money from the bank – from me you will get an infinite amount of liquidity, and this without any credit security. Your bank will also be thrilled, because gone is the state of high costs due […]

Company Pension Act – Subscription right

Company pension scheme: BAG decides – no discrimination against women due to age limit for qualifying period: The German Company Pensions Act (Betriebsrentengesetz – BetrAVG) sets deadlines after which vesting occurs. Previously, one of the requirements was that the employee had to be 35 years old – in the current version of the BetrAVG, an […]

bAV: No insolvency protection of direct insurance with revocable subscription right of the GGF, despite vesting

by Johannes Fiala, Lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Banker (www.fiala.de ) Revocable subscription right In the event of insolvency, the employee does not have a right to separate satisfaction in respect of a direct insurance policy if the subscription right is designed to be revocable. […]

Asset manager’s liability : right to compensation and damages

Asset manager liability: What you need to know Those who are wealthy or come to assets are not necessarily also experts in the field of money investmentor asset management. For this reason, in order to maintain the preservation of their own property and to increase the long term visibility of future, many investors use the […]

Rights of the consumer vis-à-vis the bank

With the doorstep-selling revocation law, those affected can still part with unprofitable investments years later – and invest in more sensible forms of investment. To invoke the law, investors must prove that they were taken by surprise in what is known as a doorstep situation. This is understood by lawyers to mean an unarranged visit […]

Roulette in life and pension insurance entitlements

– When assets go to the wrong beneficiary on death -.   The race between heirs and beneficiaries in the event of death Even in the normal case of a revocable subscription right, a notification from the insurer to the beneficiary is still required after the death of the policyholder, according to which the beneficiary […]

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 […]

Inheritance and pension law: Your lawyer for competent advice in Munich

Inheritance law: Advice and support on inheritance The subject of inheritance and bequeathing is as old as mankind itself and the subject Erbrecht is an extremely sensitive and complex area. Only a few people deal extensively with the subject of bequests during their lifetime and often leave their heirs more trouble than assets. Everybody knows […]