Abwehrdeckung Archives - Rechtsanwaltskanzlei München

Published on: 15. February 20183. December 2020

No protection against malicious actions

– How FIFA, Microsoft, WPs, BP and the Mafia are sued under the same law – VW is – hopefully – not a criminal organization, just like Microsoft, BP, the FIFA or auditors (WPs) of Russian companies. Surely VW only admitted the objective circumstances in a legally preventive way, or rather admitted something of which […]

Published on: 7. December 2017

Questionable damage – highly questionable fraud?

How FIFA, Microsoft, WPs, BP and the Mafia are sued under the same law and pilloried through American glasses, Dr. Johannes Fiala and Dipl.-Math. Peter A. Schramm explain in a multi-part article. The first part was about the “Racketeer Influenced and Corrupt Organizations Act”, a US federal law that makes this kind of jurisdiction possible. […]

Published on: 7. December 2017

Questionable damage – highly questionable fraud?

Published on: 16. February 2016

Volkswagen or the Mafia – who is a criminal organisation?

VW is not a criminal organization, just like Microsoft, BP, the FIFA or auditors (WPs) of Russian companies. Surely VW only admitted the objective circumstances in a legally preventive way, or rather admitted something of which perhaps until today one did not even know for sure whether one had done it at all – but […]

Published on: 20. March 201411. January 2021

Mega-risk in pecuniary loss liability: the time-limited subsequent liability

What financial service providers need to pay attention to with regard to IBNR risk The impacts seem to be steadily approaching: More and more major losses are weighing on the claims statistics of financial services providers. The list ranges from K1-Fonds, Phoenix Kapital, to S&K, Infinus, as well as many other unnamed companies. As […]

Published on: 6. March 2014

Intermediary Law in Practice – “Under what circumstances is a VSH insurer obligated to perform?”

In the case of pecuniary loss liability (VSH), a policyholder (VN) is obliged to report an impending loss already. The insurer (VR) must then take action and examine the case. Within a few weeks (acceleration requirement), the BoD must decide at its own dutiful discretion whether to reject unfounded claims or to provide compensation for […]

Published on: 12. December 2013

The pecuniary loss liability of the insurance broker and other financial service providers

What benefits the policyholder can expect from the insurer Passive insurance The aim of the insurance cover is to keep the policyholder free from liability obligations (BGH NJW 1967, 2203). This will also include claims for injunctive relief and removal pursuant to Section 1004 of the German Civil Code, for example in the case of […]

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

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