– After a claim, insurers only have a limited amount of time to carry out their own checks. The Cologne Higher Regional Court (OLG Köln, order of 31.01.2012, Ref. 2 W 69/11) put an accident victim in his place. The accident victim sued the liability insurer too early, who is entitled to a review […]
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 […]
Laws and professional codes of conduct require many professions to take out liability insurance for financial loss, but also sometimes for personal injury and damage to property. The content and scope of the minimum insurance is regulated differently depending on the profession. If a GmbH provides tax advice, financial losses amounting to € 250,000 must […]
When an insurer describes its product as “all-risk insurance”, this sometimes resembles the advertising promise of “guarantee certificates”. If the terms of the contract are carefully examined, it may be “marketing cheese with huge holes” in the insurance cover. Why everything is never insured against every conceivable risk. Pepperminzia insurance promises the perfect protection for […]
When an insurer describes its product as “all-risk insurance”, this sometimes resembles the advertising promise of “guarantee certificates”. If the terms of the contract are carefully examined, it may be “marketing cheese with huge holes” in the insurance cover. Why everything is never insured against every conceivable risk. Pepperminzia insurance promises the perfect protection for […]
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 […]
– When is liability for damages and reimbursement of remuneration regularly incurred ? – The Regional Court (LG) Saarbrücken decided in its judgement of 17.05.2016 (Az. 14 O 152/15) that the search for savings possibilities with existing private health insurance (PKV) is not directed at the proof or mediation of an insurance contract, § 204 […]
In its ruling of 17.12.2015 (Case C-342/14), the European Court of Justice (ECJ) ruled that foreign tax consulting companies are authorised to provide tax advice in Germany. According to the Advocate General’s opinion to the ECJ, this requires “the recognition of the company and the appointment of its management bodies as tax advisors” (StB) – […]
In the view of VDVM, a current ruling by the BGH will have far-reaching consequences for insurance brokers. Even though it will still be some time before the reasons for the judgement are given, it is becoming apparent that the Federal Court of Justice considers the settlement of claims by insurance brokers to be a […]
The Higher Regional Court (OLG) of Oldenburg decided in its ruling of 19.12.2013 (Case No. 1 U 67/13) that an insurer (VR) cannot invoke the statute of limitations after years in the case of long-term claims if it had previously given a qualified acknowledgement. Statute of limitations regularly after three years at the end of […]
