How banks and credit institutions earn money with incorrect interest calculations We Germans are known beyond our national borders for our preference for cash and savings books. In a European comparison, we are the undisputed number one with a savings rate of approx. 17 %. Our confidence in saving seems to be unshakable and despite […]
Artikel zum Thema: Consulting
Federal Supreme Court prohibits insurance consultants from charging contingency fees for changing tariffs in private health insurance
– How the insurance consultant with a second job may do exactly this and more nevertheless – Insurance brokers as well as insurance consultants are allowed to offer policyholders (VN) in private health insurance (PKV) at the change of tariff according to the new tariff. § Section 204 of the German Insurance Contract Act […]
Why do insurance brokers have only limited duties of advice and documentation?
The Higher Regional Court (OLG Hamm, decision of 5 December 2018, file no. 20 U 146/18) confirmed the dismissal of the complaint regarding the (alleged) miscounseling by an insurance broker when changing the cover of a private health insurance. The new private health insurer had later challenged the contract because of incorrect answers to the […]
Company pension scheme Managing director and shareholder-managing director
Loss of company pension scheme for managing directors in the event of insolvency The company pension scheme has increasingly become the focus of public interest in recent years due to changes and adjustments in pension policy. Politicians are increasingly shifting the issue of pensions into the personal responsibility of employees and employers, which means that […]
Brokers’ liability in the sale of used life insurance
– Obligation of the insurance broker to advise in the case of brokering in the secondary market for life insurance policies – An insurance broker was ordered to pay damages by the Higher Regional Court of Dresden (OLG, ruling of 29 February 2019, file no. 4 U 942/17) because he had not informed the policyholder […]
Federal Court of Justice: Insurance brokers do not have to look after customers on a permanent basis
– Why a broker is allowed to give advice on changing tariffs for a contingency fee – The Federal Court of Justice decided (BGH, ruling of 28.06.2018, file no. I ZR 77/17) that an insurance brokerage contract does not require that the client is to be looked after on a permanent basis according to […]
Duty of documentation and burden of proof despite waiver of consulting documentation
The best proof in case of faulty advice is the advice documentation, because from this the gaps in the advice can be deduced. The few policyholders who receive expert advice (UN) often have a better chance of explaining the gaps in advice and possible mistakes. Conversely, however, insurance brokers and insurance agents also have far […]
Why private basic pensions often lead to losses for policyholders
A marketing expert remarked: “The best marketing agency is in Berlin – that is, the government”. First came the Riester pension with subsidised allowances, then the increasingly tax-deductible basic pension – also known as the Rürup pension. One financial services provider said: “The shift from state to private retirement provision is a growth market for […]
Bundesfinanzhof: How to obtain insurance cover
The Federal Court of Finance (BFH, ruling of 07.12.2016, file no. II R 1/15) decided that when the policyholder (VN) provides insurance cover for any insured person (VP), the full, non-aggregated sales price counts as the assessment basis for the insurance tax (VSt): The prerequisite for this is that the insurer (VR) participates in the […]
When are insurers no longer obliged to pay benefits or can reduce benefits?
– Liability traps and gaps in coverage in the daily sickness benefit insurance – In its ruling of July 6, 2016 (Case No. IV ZR 44/15), the Federal Court of Justice decided that regulations in the model terms and conditions (Section 4 IV MB/KT 2009) which regulated a compulsory reduction of the insured daily sickness […]