Public Relations | Law Firm Dr. Johannes Fiala

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 […]

Published on: 25. November 20218. January 2023

In the future, not even the contributions of the direct insurance are guaranteed at the beginning of the pension.

– When the employer alone is liable for the equal value of deferred compensation? – 2022 the value equality of the direct insurance (DV) ends In future, it will be very questionable whether, at the end of the savings period – the deferral period, in the case of deferred compensation in the company pension […]

Published on: 25. November 2021

Insurance mediation as commercial fraud

– How clueless facilitators and training managers go straight to jail instead of through LOS -. On 05.11.2014, the Central Criminal Investigation Service Lüneburg arrested two insurance brokers for commercial fraud. The intermediaries induced their customers to terminate existing annuity and life insurance policies in order to subsequently take out new insurance policies that […]

Published on: 25. November 202112. December 2021

Extraordinary termination without notice of contractually non-cancellable insurance and other contracts

– How to immediately terminate long-term occupational and personal pension contracts -. It is not only in private banks that it is common for employees to have to earn up to more than three times their gross salary. For bank customers, this means that up to more than 1% of their assets can go […]

Published on: 25. November 202112. December 2021

Federal Ministry of Finance: Insurance intermediaries secure zero return on life insurance policies

– Why the days of effortless money-making via life insurance are long gone – Agents’ commissions fall The Life Insurance Reform Act (LVRG) not only lowers the guaranteed interest rate for life insurance policies from 1.75% to only 1.25% from 2015, but also the permitted inclusion of acquisition costs through zillmerisation from 4% to […]

Published on: 23. November 202112. December 2021

Insurance brokers liable for gaps in insurance contracts

– 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 […]

Published on: 23. November 202112. December 2021

Risk surcharges in private health insurance lead to disproportionate premium increases

– 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 […]

Published on: 23. November 20219. February 2022

Advisory duties, liability, gaps in cover using the example of natural hazard insurance

– When insurance brokers and agents are liable for the uninsured like insurers -. The German Insurance Association (GDV) puts the insured losses from the flood disaster in July at around €7bn. However, for damages that are not insured in whole or in part, the liability of the insurance intermediary, who often provides “support”, […]

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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