For decades there has been the training as Financial-Planner (financial planner), Estate-Planner (succession planner) and for some years now as Generation Consultant with IHK certificate. Surely only the trainers will make money from this for the time being. At second glance, it is a guide to the violation of the Legal Services Act (RDG) and […]
Artikel zum Thema: Disability
When employers are liable for reductions in pension funds
– How advisors, brokers and pension funds are taken into recourse in time – A daily newspaper from southern Germany misleads its readers with the title “Erste Pensionskasse reduces company pensions”. For neither are company pensions reduced if the pension fund cuts its benefits. This is still the first pension fund where pensions and […]
Insurer: No statute of limitations after commitment
If the insurance company has acknowledged a claim but has not settled it over a long period of time, it cannot subsequently invoke an alleged limitation period for its claims. This was decided by the Oldenburg Higher Regional Court. In the following article, our experts, lawyer Johannes Fiala and expert Peter A. Schramm, explain what […]
Reversal through revocation – despite cancellation or contract expiry in the KLV and RV?
– How risk costs destroy the refund in case of insufficient cancellation instructions – According to the BGH, if a life or pension insurance policy taken out between 1994 and 2007 is revoked, the premiums plus of all uses less the risk costs consumed for the risk must be repaid by the insurer. By […]
Interview with lawyer Johannes Fiala on current trends in the financial services sector
(epn) Mr. Fiala, we would like to start by introducing you to our readers. You have started your professional career as a banker at Bankhaus H.Aufhäuser. Afterwards you studied economics with a focus on financial services (Master of Business Administration, University of Wales) and law (lawyer for over 10 years). They sit on the examination […]
Occupational pension provision: Zillmerisation in the case of deferred compensation inadmissible
– Judgement of the Munich Regional Labour Court is legally binding – Appeal apparently withdrawn due to lack of prospects of success – Employer and intermediary are in a billion-euro liability – Employer collects first – and pays twice later The Regional Labor Court (Landesarbeitsgericht – LAG) Munich (ruling of March 15, 2007, file […]
OLG Oldenburg: Insurer cannot invoke statute of limitations after 13 years
– What insurance customers have to consider in the event of a claim in order to avoid the statute of limitations – The Oldenburg Higher Regional Court (OLG) ruled in its judgment of 19.12.2013 (Ref. 1 U 67/13) that an insurer (VR) cannot invoke the statute of limitations after years in the case of […]
Federal Court of Justice: No insurer is obliged to reject a policy following an invalid notice of termination
– Where are the dangers for insurance brokers in covering with cancellation ? – The Federal Court of Justice (BGH, decision of 05.06.2013, ref. IX ZR 277/12) ruled that, according to settled case law, no insurer is obliged to reject an invalid termination of the insurance contract. The appeal was then withdrawn. Even BaFin […]
Federal Supreme Court: Insurance benefits remain with the recipient despite revocation
When the revocation of life, pension and other insurance policies can be worthwhile Since a decision by the European Court of Justice (ECJ) on 19 December 2013 (Case C-209), insurance customers are increasingly checking whether they can still revoke their insurance policies. The aim is to get back the insurance premiums paid or, in […]
Sales success or wasted legal additional income with the insurance broker?
– When insurance brokers can receive fees in addition to brokerage – “Tine flies like an arrow. Fruits flies like a banana.” (Groucho Marx) For decades, insurance brokers have competed with business and tax advisors, legal counsel, and insurance consultants. In this context, comprehensive insurance advice as pure legal advice is (also) part of […]