The Federal Labour Court (BAG, ruling of 18.02.2020, Ref. 3 AZR 206/18) decided that an employer did not owe compensation for damages simply because he had not correctly informed about social insurance contribution obligations at an information event, and simply because he did not even address the topic of social insurance. Then he did […]
– Liability traps and gaps in coverage in the daily sickness benefit insurance – In its ruling of July 6, 2016 (Case No. IV ZR 44/15), the Federal Court of Justice decided that regulations in the model terms and conditions (Section 4 IV MB/KT 2009) which regulated a compulsory reduction of the insured daily sickness […]
– 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 […]
The Federal Social Court (BSG, ruling of 10.10.2017, Ref. B 12 KR 2/16) decided that no health insurance contributions are owed on benefits from a voluntary supplementary occupational disability insurance and/or private pension insurance. In the case decided, the plaintiff has been drawing a BU pension since 2008. All of a sudden, sometime in 2011, […]
The Federal Social Court (BSG, ruling of 10.10.2017, Ref. B 12 KR 2/16) decided that no health insurance contributions are owed on benefits from a voluntary supplementary occupational disability insurance and/or private pension insurance. Pension fund of the press had been wrong or mistaken? In the case decided, the plaintiff has been drawing a […]
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 […]
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 […]
Again and again, the topic of “stock security for pools” is questioned and initiated. “Ask three lawyers and you get three answers.” There are many points of view on the subject – in short, as with any contractual agreement, the devil is in the details and it all depends on the small print. The experten-netzwerk […]
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 […]
Even offenders sometimes apply for benefits under an occupational disability insurance policy. In an exclusive commentary, attorney Johannes Fiala and actuary Peter A. Schramm explain how these are to be legally classified – and when insurers are obliged to pay benefits. What are the effects of insurance conditions of the occupational disability insurance (BU), […]
