Federal Court of Justice Archives - Rechtsanwaltskanzlei München

Published on: 4. December 202017. February 2021

How strong claims management becomes a dangerous “service”?

The Federal Court of Justice (BGH, ruling of 07.07.2020, ref. VI ZR 308/19) decided that an employed claims adjuster is (co-)liable in tort if he uses his alleged expertise for an injured party by exerting influence on the performance of third parties; § 823 I BGB. In the case in question, the injured party […]

Published on: 29. May 20202. December 2020

Does the Federal Agency permit double collection of short-time work benefits (KUG) and full closure insurance (BSV) ?

Short-time work compensation (KUG) is only available as a subsidiary social benefit under the Third Social Security Code. According to legal regulations, benefits or insurance contractual legal claims from a business closure insurance (BSV) are credited, i.e. deducted. This is now said to have changed temporarily by an order of the Federal Institute for Salaried Employees (BA). Really?

Published on: 14. January 20202. December 2020

Legal restriction to the surrender value in the event of revocation of life insurance policies is contrary to EU law

– Current ECJ ruling opens up reversal with perpetual cancellation right also for new life insurance policies since 2008 – The bang of the European Court of Justice (ECJ) The European Court of Justice ruled (ruling of 19 December 2019, ref. C355/18, C-357/18, C-479/18) that a provision in insurance contract law according to which […]

Published on: 9. January 2020

When revocation and/or amendment of a subscription right can fail

The Federal Court of Justice (BGH, ruling of 25.09.2019, ref. IV ZR 99/18) had to deal with the life insurance of a policyholder (VN) who had fallen into a coma in 1993 after an accident. The wife, who was divorced in 1994, was entitled to withdraw her claim. The father of the UN informed the […]

Published on: 9. January 20203. December 2020

Employers are often liable to employees for company pension schemes

– What information, education and advisory duties are imposed on employers? – The Regional Labour Court (Landesarbeitsgericht – LAG Hamm, judgement of 06.12.2017, file no. 4 Sa 852/17) decided that the employer (AG) is liable for damages if the advice on deferred compensation in company pension schemes (bAV) was incorrect. This was the case even […]

Published on: 15. November 2019

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 […]

Published on: 14. October 2019

No insurer offers cover for foreseeable burning houses

In its ruling of 4 July 2018, the Federal Court of Justice (BGH, Ref. IV ZR 200/16) ruled „The so-called pre-enforcement clause in § 4 (4) (a) of the German Commercial Code 3 letter a) of the General Conditions for Legal Expenses Insurance (ARB 2008) is not transparent.“, and therefore invalid, § 307 I 2 […]

Published on: 28. June 2019

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 […]

Published on: 24. June 2019

When insurers are obliged under the DSGVO

On 25.05.2018 the basic data protection regulation of the European Union (EU-DSGVO) came into force. Regulations apply directly and immediately – implementation by national legislators is not required. Meanwhile, further regulations and directives are in preparation, which are potentially intended to restrict freedom of expression – for example to counter fake news. No information […]

Published on: 12. June 2019

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 […]

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Skype:	Dr. Johannes Fiala PhD
Fax:	+49 (0)89 – 17 90 90 – 70
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