A reply to Stritters Forum tips of 13.10.2007 Some business managers can be blinded by attestations, certificates and certifications when purchasing software: Not only the content with many ifs and buts, but especially the liability situation shows that these are regularly samples without value. Manager liability Even from a medium-sized GmbH, the management […]
Artikel zum Thema: Cover
Federal Court of Justice: New legal expenses insurance must also pay if old contracts are cancelled
– When to revoke credit and loan contracts, as well as life, annuity and other insurance policies -. The Federal Court of Justice (BGH, judgment of 24 April 2013, Case No. IV ZR 23/12) decided when customers of, for example, credit institutions (in particular private banks, savings banks) as well as insurance companies have a […]
No protection against malicious actions
– How FIFA, Microsoft, WPs, BP and the Mafia are sued under the same law – VW is – hopefully – not a criminal organization, just like Microsoft, BP, the FIFA or auditors (WPs) of Russian companies. Surely VW only admitted the objective circumstances in a legally preventive way, or rather admitted something of which […]
Underwriting of life insurance policies
The BGH has decided that – completely independent of the revocation – a claim for damages can also be sufficient for the reversal of a life insurance policy – oh for contracts concluded from 2008 onwards. In its current ruling of 28 June 2017 (Case No. IV ZR 440/14), the Federal Court of Justice […]
Framework contracts in professional liability insurance
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 […]
Questionable damage – highly questionable fraud?
How FIFA, Microsoft, WPs, BP and the Mafia are sued under the same law and pilloried through American glasses, Dr. Johannes Fiala and Dipl.-Math. Peter A. Schramm explain in a multi-part article. The first part was about the “Racketeer Influenced and Corrupt Organizations Act”, a US federal law that makes this kind of jurisdiction possible. […]
D & O and the “dark machinations” of the Big Five
The SPIEGEL wants to have uncovered dark machinations of the great German car managers. If the revelations prove true, Daimler, BMW, Audi, Porsche and Volkswagen may face severe fines amounting to billions. Up to ten percent of annual turnover can be fined in cartel proceedings. And these are not peanuts in the German “Big Five”. […]
Insurance lottery: Does insurance cover depend on chance?
If the cover does not match the risk in the case of insurance policies that differ from the application, what is actually still insured? And what is not? The answer to this question is provided by Dr. Johannes Fiala and Dipl.-Math. Peter A. Schramm. “Once you had the advantage,” said the devil, “but that shall […]
Tariff change brokers provide prohibited legal advice – but not always!
– 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 […]
No claims settlement through insurance brokers
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 […]