The Regional Court of Stuttgart (Stuttgart Regional Court, ruling of 20 December 2017, file no. 16 O 157/17) ordered an insurer (VR) to pay the policyholder (VN) of a life insurance policy (KLV) the “valuation reserves (profit participation) that were eliminated as of the reporting date 1 November 2014”. The contract for the KLV […]
Members of the German Bundestag asked: “What legal obligations do life insurance companies have to inform their customers about the possibility of reducing claims before the contract is concluded, and what is the practice of life insurance policies as established by the Federal Financial Supervisory Authority (BaFin)? The answer of the Federal Government of […]
Sanctions have been in fashion for centuries, and are being broken. The widow Barbe-Nicole Clicquot-Ponsardin, in reaction to Napoleon’s Russian campaign, was concerned with the embargo imposed by the Russian Tsar on French products in 1812. The widow hired a Dutch ship, had it loaded with over 10,000 bottles of the 1811 vintage, and was […]
Sanctions have been in fashion for centuries, and are being broken. The widow Barbe-Nicole Clicquot-Ponsardin, in reaction to Napoleon’s Russian campaign, was concerned with the embargo that the Russian Tsar had imposed on French products in 1812. The widow hired a Dutch ship, had it loaded with over 10,000 bottles of the 1811 vintage, and […]
The Federal Court of Justice (BGH, ruling of 13 November 2014, Ref. III ZR 544/13) has recently ruled that failure to comply with the insurance agent’s duty of documentation in accordance with § 61 Para. 1 sentence 2, § 62 of the German Insurance Contract Act (VVG) may lead to a shift in the burden […]
The Bundesgerichtshof (BGH, ruling of 13.11.2014, Ref. III ZR 544/13) has recently decided that the failure of the insurance broker to comply with the documentation obligation under Section 61 (1) of the German Insurance Supervision Act (Versicherungsvermittler). 1 sentence 2, § 62 of the German Insurance Contract Act (VVG) may lead to a shift in […]
The message in the COLLEGA Weekly Ticker 50/2017 shows that the current phase of low interest rates is also placing an enormous burden on the occupational pension schemes. The reader of COLLEGA-Wochen-Ticker, lawyer Dr. Johannes Fiala writes us about this: “As a private insurance company supervised by BaFin, Deutsche Steuerberater-Versicherung Pensionskasse des steuerberatenden Berufs VVaG […]
On Sunday, 05.10.2008, the Chancellor said “We tell savers that their deposits are safe. The federal government is also responsible for this.” – For lack of a legal basis, this is not a declaration of guarantee but, correctly understood, a political declaration of intent. On Sunday, 24.04.2016, a Labour Minister will be quoted as saying […]
The amount of the levies due when a “Riester pension” is paid seems unclear. Why the capital is not secure with this form of pension. In October 2008 the Chancellor said “We tell savers that their deposits are safe. The federal government also vouches for that.” – Which, for lack of a legal basis, is […]
If the Federal Council does not yet apply the emergency brake, the Occupational Pensions Reinforcement Act will enter into force on 1 January 2018. In this context, the Riester pension will also be upgraded. During the savings phase, the basic allowance increases from 154 to 175 euros per year. For company Riester pensions, the SV […]
