Liability risks of the broker vis-à-vis the policyholder and the insurer due to unclear positioning A new judgement of the OLG Hamm (Ref.: I-20 U 38/10, dated 03.11.2010) proves: Insurance brokers often assume unseen that they are (exclusively) in the camp of the policyholder (insured person) and are not neutral “third parties”. The OLG, on […]
Directors, as well as other board members or self-employed agents, face the complete loss of their retirement benefits, if they were secured through ineffective trust arrangements. The authors strongly advise an early check to take corrective action. Red. Trust assets are unprotected in the event of the trustee’s insolvency. The Federal Court of Justice already pointed this […]
Total loss in the case of partial retirement, working time accounts and pension commitments How directors, other officers, or self-employed agents completely lose their retirement benefits due to ineffective trust models. The business model of renowned corporate consultants for occupational pension schemes (bAV) includes the provision of the reinsurance assets by means of a […]
If the lecturer for civil law and insurance law at the Dual University of Baden-Württemberg, lawyer Dr. Johannes Fiala (53, photo – Dr. Fiala) from Munich, invites people to seminars where they learn how to secure their retirement provisions and assets from seizures, he usually expects specialist lawyer colleagues who advise entrepreneurs. “But almost no […]
A basic pension, also known as a Rürup pension, must be terminated in the event of an emergency Emergencies abound in a person’s life, such as when a welfare application is imminent. The question of whether a plaintiff is entitled to legal aid under the poor law is also assessed according to the same […]
Many a policyholder decides too late on the possible change in the subscription right of his life insurance policy(ies). It is therefore important to think about the possible consequences at an early stage. The authors pointed out seven specific pitfalls. Red. If the policyholder instructs his broker to change the subscription right, it is […]
The Federal Court of Justice unmasks the insurance industry’s sales fairy tales Emergencies abound in a person’s life, such as when a welfare application is imminent. The question of whether a plaintiff is entitled to legal aid under the poor law is also assessed according to the same standards. This is governed by § 90 […]
Insurer associations, insurers and the insurance selling praise in advertising brochures for many years the Rürup pension as seizing-protected age precaution. Now this proves as bare marketing lie for the Kundenakquise – that is the opinion of Dr. Johannes Fiala and Dipl.- Math. Peter A. Schramm. The Rürup pension (the so-called seizure-protected old-age provision […]
Death, divorce and insolvency – What happens to life insurance? Some policyholders (VN) decide too late that they would like to change the subscription right of a life insurance policy(ies). If the policyholder instructs his broker to make the change, it is important that this is regularly done in writing in accordance with the insurance […]
A new letter of the Federal Minister of Finance clarifies that saved Rürup capital cannot be withdrawn from the access of creditors. This results in a fundamentally new discussion situation with the insurance providers. Red. The fact that not only saved assets in a Rürup pension can be seized, but also the non-state-subsidised part of […]
