– Why everything is never insured against every conceivable risk – When an insurer describes its product as “all-risk insurance”, this sometimes resembles the advertising promise of “guarantee certificates”: A close examination of the policy terms and conditions may reveal it to be “marketing cheese with massive holes” in the insurance coverage Coverage […]
Artikel zum Thema: Building insurance
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 […]
Risks of vandalism: No insurance cover in the event of refusal to pay protection money
– Why do you lose your insurance cover without paying protection money? – The Federal Court of Justice (BGH, ruling of 16.06.2010, file no. IV ZR 229/09) decided on the case of a restaurant owner who was threatened with damage or destruction of his premises that burglary and/or vandalism risks are to be reported […]
Compensation claim: house, apartment and land owners are liable for damages caused by commissioned craftsmen
The Federal Court of Justice (BGH, ruling of 09.02.2018, ref. V ZR 311/16) decided that a property owner who has a craftsman carry out repair work on the house is responsible – i.e. liable – to the neighbour. In the present case, the house had burned down after roofing work due to an embers nest […]
Marketing cheese with huge holes
If an insurer offers “all-risk insurance”, intermediaries should carefully examine the terms and conditions of the contract. Because such policies can be “marketing cheese with huge holes” in the insurance coverage, warn Dr. Johannes Fiala and Peter Schramm in the guest article. Pepperminzia insurance promises the perfect protection for your home, all-inclusive, so that the […]
Expert advice: Do brokers risk their commission through fringe benefits?
In the third part of their exclusive article for FONDS professionell ONLINE on additional services provided by brokers, attorney Johannes Fiala and actuary Peter Schramm deal with the question of what consequences additional services can have for the brokerage fee. There is more than just a legal question mark behind various additional services that brokers […]
BGH: As a rule no compensation for insurance companies in case of concealment of circumstances relevant for driving in the insurance application
*by Dr. Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Lecturer in Civil Law and Insurance Law (Univ. of Cooperative Education), Banker (www.fiala.de) “In the past, even the future was better.” (Karl Valentin) An insurance company is sued for payment of damages in the amount […]
BGH: As a rule no compensation
for insurance companies in the event of concealment of circumstances relevant to the risk in the insurance application “In the past, even the future was better.” (Karl Valentin) An insurance company is sued for payment of damages in the amount of 268,039.38 Euro (household insurance) and 51,150.90 Euro (building insurance). The policyholder had concealed pre-contractual […]
Legal status and liability risks of the pseudo-broker
By Dr. habil. Boris Bartikowski, Associate Professor in Marketing, Euromed Marseille School of Management, Tel.: +49 (0) 8294 30 63 60; Tel.: +33 (0) 4 91 82 79 82, boris.bartikowski@euromed-marseille.com, www.euromed-marseille.com and lawyer Dr. Johannes Fiala, Kanzlei Fiala & Weber – RA, Mediator, StB & WP, MBA (Univ.Wales), MM (Univ.), Bankkaufmann (IHK), Geprüfter Finanz- und […]