Public Relations | Law Firm Dr. Johannes Fiala

Published on: 3. December 202110. December 2021

Benefit regulation of the private health insurance (PKV) after desired treatment success

– Unlawful denial of benefits based on lack of medical necessity – Some employees of benefits departments in private health insurance are engaged in strategic claims settlement for potentially up to more than nine million private health insurance policyholders. This means that one ignores if necessary also the supreme court iurisdiction and by own […]

Published on: 3. December 202110. December 2021

Drying up of life insurance – too few investment options for too much money

– Why life insurance has outlived its usefulness as a capital accumulation vehicle – Wim Duisenberg, ex-president of the ECB, when asked how he invests his money: “Personally, I’m in the fortunate position of having no reserves.” Statistically, up to more than 80 million German citizens own more than one life insurance policy. […]

Published on: 3. December 202110. December 2021

Even minor speeding changes the liability rate

– When claims settlements by insurance brokers and car insurers are flawed -. “There is also no rule according to which a certain speeding is insignificant,” formulated the OLG Frankfurt/Main in a recent ruling of 15.04.2014 (Case No. 15 U 213/13). The “too fast plaintiff” received a quarter of contributory negligence in the second […]

Published on: 30. November 2021

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 […]

Published on: 30. November 2021

Optimisation of widow’s pensions for compulsory members of pension schemes

– Possibilities of structuring pension assets in pension chambers – The Higher Administrative Court of Rhineland-Palatinate (OVG Rheinland-Pfalz, judgment of 26.05.2010, Case No. 6 A 10320/10.OVG) already dismissed the action of a doctor who wanted to have it established that his wife would later be entitled to a widow’s pension from the pension fund. […]

Published on: 28. November 202112. December 2021

Chamber professionals expect the abandonment of the expectancy procedure in the pension funds

– Why the capital market with compound interest effect does not allow us to expect higher pensions – For years, insiders have been reporting difficulties in the pension funds in generating the promised returns to finance pensions. While the management of a Versorgungskammer used to pat themselves on the back year after year because […]

Published on: 28. November 202112. December 2021

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 […]

Published on: 28. November 202112. December 2021

Federal Court of Justice: Criminal bail and other security deposits are attachable

– How seizure of a bond provided by a third party can still result in taxes – The Federal Court of Justice (BGH, judgement of 22.07.2004, ref. IX ZR 132/03) recognises in constant jurisdiction that deposited penalty bonds and other security payments are attachable by creditors of the debtor. This applies both to the […]

Published on: 28. November 202112. December 2021

Choice of law and advantages of European life, pensions and health insurance

– Opportunities and risks for policyholders and their insurance brokers – Foreign insurance companies, especially those from the European Economic Area (EEA) and the European Union (EU), are increasingly competing with domestic suppliers. For insurance intermediaries and insurance customers, this creates risks, but also opportunities. Regular notification procedure EEA and EU insurers must […]

Published on: 25. November 202112. December 2021

Stress test by financial regulator leads life insurance company into insolvency

– What are the scenarios of settlement in insurance due to low interest rates ? – Customers of life insurers are shaken: on 16.12.2014, the business press reported that a Swiss life insurer had now filed for insolvency, and had become a victim of low interest rates. The 13,000 policies were taken over by […]

Phone:	+49 (0)89 – 17 90 90 – 0
Skype:	Dr. Johannes Fiala PhD
Fax:	+49 (0)89 – 17 90 90 – 70
E-Mail:	info@fiala.de

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