Why the mediation of the basic pension almost certainly leads to the liability of the intermediary. The Rürup pension was sold millions of times as a tax-saving model. As a matter of course, savings by paying insurance premiums in the savings phase are then precalculated by the agent or broker. However, if documentation has […]
Artikel zum Thema: Federal Court of Justice
Occupational disability insurance: half-empty or half-full
Concrete or abstract reference – or both? Any such general distinctions in occupational disability insurance (BU) are ultimately not conducive to classifying concrete insurance conditions according to them. However, there can be transitions, theoretically e.g. in the case of an initial inspection different from that of a subsequent inspection. And no one forbids the […]
Private health insurance (PKV) must advise on medical euthanasia
– How a responsible private health insurance achieves stable contributions – A physician began his lecture on the subject of “Patient Will” with the words: “So, all those of you who are insured by the statutory health insurance (GKV) can now leave the hall – you will be left to die, because the GKV only […]
Invalid transactions with insurance buyers
– How the Federal Court of Justice legally and legitimately saves the insurers the additional payment(s) – Financial service providers, consultants and intermediaries, are looking for customers so that they receive more money from their contractual partner – a life insurance company (VR). However, these insurance buyers have great difficulties in developing legally secure business […]
Generation consultants, succession planners and financial planners together with initiators in conflict with the Legal Services Act
For decades there has been the training as Financial-Planner (financial planner), Estate-Planner (succession planner) and for some years now as Generation Consultant with IHK certificate. Surely only the trainers will make money from this for the time being. At second glance, it is a guide to the violation of the Legal Services Act (RDG) and […]
Insurance intermediaries: Between the fulfilment of obligations and liability
The Federal Court of Justice (BGH, ruling of 10 March 2016, file no. I ZR 147/14) decided: “The obligations of the insurance broker to provide information and advice primarily include the questions of which risks the policyholder should insure, how the most effective cover can be achieved, with which risk carrier the cover can be […]
Federal Minister of Finance: saved Rürup capital can be seized
– only precaution on social assistance level may be protected from creditors – The sales market of the securitization of the Rürup capital For many years, insurance associations, insurers and the insurance sales force have been praising the Rüruprente in advertising brochures as a seizure-protected old age provision. Now, according to a new letter […]
Social partner model for occupational pension schemes – old wine in new bottles
Both the Federal Ministry of Labour and Social Affairs (BAMS) and the Federal Ministry of Finance (BMF) are currently interested in improving occupational pension schemes (bAV). On the one hand, there is the concept of a “new” implementation route via the collective bargaining parties as the sponsors of the occupational pension (“Nahles pension”). On the […]
House beats share – really?
The Federal Court of Justice (BGH, ruling of 17.06.2016, file no. V ZR 134/15) decided that claims for damages could only begin to lapse if the investor can see, for example through the annual statement of account of the administrator or rental pool, what higher expenses are based on – in contrast to the advertising […]
Additional qualification clairvoyance: A must for every real estate agent
The Federal Court of Justice (BGH, ruling of 10.03.2016, file no. I ZR 147/14) once again wrote into the insurance brokers’ logbook how comprehensive their advice must be. The usual questionnaires, including any data retrieval via the Internet, are insufficient. If, in the event of a claim, the insurer (BoD) does not pay or pays […]