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Fasolt-Straße 7, 80639 Munich

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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”, […]

Published on: 18. November 202112. December 2021

Massive investor losses due to overly safe investments

– 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 […]

Published on: 18. November 202112. December 2021

Professional liability insurance for doctors and dentists

– 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 […]

Published on: 18. November 202112. December 2021

European Court of Justice (ECJ): Perpetual right of withdrawal for policyholders

– Redemption risks for insurers, agents and insurance brokers – The perpetual right to rescind or cancel insurance contracts By judgment of 19.12.2013 (Case C-209/12), the ECJ ruled that a right to withdraw from a life insurance contract is perpetual if the policyholder has not been properly and timely informed of this right. Contrary […]

Published on: 18. November 2021

Cologne Higher Regional Court: Premium adjustments in private health insurance often ineffective!

– OLG Cologne judges generally usual procedure of the PKV as inadmissible – In its judgment of 20 July 2012 (Case No.: 20 U 149/11), the Cologne Higher Regional Court ruled that a procedure used for decades by private health insurers for premium adjustments was incorrect. As a result, many premium adjustments since 1995 […]

Fasolt-Straße 7, 80639 Munich

Callback service

089 / 17 90 900

info@fiala.de

Fasolt-Straße 7, 80639 Munich

Callback service

089 / 17 90 900

info@fiala.de

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

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

Insurance brokers liable for gaps in insurance contracts

Risk surcharges in private health insurance lead to disproportionate premium increases

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

Massive investor losses due to overly safe investments

Professional liability insurance for doctors and dentists

European Court of Justice (ECJ): Perpetual right of withdrawal for policyholders

Cologne Higher Regional Court: Premium adjustments in private health insurance often ineffective!

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