Cover Archives - Rechtsanwaltskanzlei München

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: 18. May 2020

Corona pandemic: Continued dispute over plant closure insurance

The refusal of insurers to provide benefits due to corona-related plant closures continues to make big waves. Voluntary settlement offers for business closure insurance are being critically reviewed, and complaints from businesses are being investigated. The first litigation financiers appear on the scene. The restaurants may (soon) open again. However, not a day goes […]

Published on: 5. May 20202. December 2020

Insurance benefits and insurance premiums in the event of insolvency of the insurance customer

Insolvency creditors normally have to register their claims in the table and can immediately write off up to more than 90%. The rate is often just above zero. Nevertheless, there are numerous exceptions to the rule of how to get your money despite the insolvency of the debtor. Maintenance obligations and intentional tort […]

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: 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: 17. September 20192. December 2020

Legal effects and legal consequences of certificates of representation of foundations with legal capacity

In the case of legal transactions, foundation boards are happy to rely on certificates of representation issued by the foundation supervisory authority as legitimation. The legal quality of such documents and the legal consequences and legal effects they entail are questionable. The following contribution is intended to show that the legal certainty sought by the […]

Published on: 4. April 20192. December 2020

Insolvency risk of British life insurers when relocating to Ireland

– How can insured persons react to the increased risk of insolvency? – Up to more than one million English life insurance policies (with-profit products) are to be transferred to Ireland. However, on closer inspection it is completely unnecessary to leave Great Britain (GB) for the existing policies. Existing contracts need not be […]

Published on: 13. February 20192. December 2020

The family key power as a liability trap for the insurance broker

In its ruling of 28 February 2018, the Federal Court of Justice (BGH, Ref. XII ZR 94/17) ruled that “a spouse may terminate the fully comprehensive insurance policy for the family vehicle running on his or her partner even without the latter’s power of attorney”, as the press release did not quite put it: […]

Published on: 20. November 2018

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 […]

Published on: 24. September 20182. December 2020

Private opinion of an expert can not only prevent punishment in road traffic

– What is the effect of private expert opinions in criminal defence and civil lawsuits? – The Chemnitz Regional Court (decision of 3 July 2018, file no. 2 Qs 241/18) decided – after an acquittal – that the costs of an anthropological expert opinion must also be reimbursed by the state treasury at the […]

Phone:	+49 (0)89 – 17 90 90 – 0
Skype:	Dr. Johannes Fiala PhD
Fax:	+49 (0)89 – 17 90 90 – 70
E-Mail:	info@fiala.de

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