Client Information July 2008

Publisher: *by Dr. Johannes Fiala, Attorney at Law (Munich), MBA Financial Services (Univ.), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Banker (www.fiala.de), ehem. Member of the examination board of the Munich Chamber of Industry and Commerce for the expert examination of financial advisors for financial services and financial services specialists, lecturer for civil law and […]

Typical gaps in protection in the financial loss liability insurance of the guardian

CONTENTS   I. Liability in the event of delegation of tasks II. Particular gaps in cover for voluntary guardians III Further questions regarding adequate insurance cover arise for the professional guardian: Consequences of partnership, cooperation and office sharing No pecuniary loss insurance for lawyers and tax advisors in the case of commercial activity as guardian […]

Allegations of corruption in the insurance distribution of company pension plans

Allegations of corruption in the insurance distribution of company pension plans   The most recent investigations by the public prosecutor against insurance sales in connection with the bAV-IVECO affair weigh heavily: an insurance broker was able to bribe a confessed works council with six figures from lavish commissions presumably amounting to millions. The insurance industry […]

Procurement of insurance cover – without insurance mediation

Freedoms outside the regulation of insurance mediation   No insurance mediation without mediation of an insurance contract The implementation of the Insurance Mediation Directive has created professional regulations for the profession of insurance intermediary (agent or broker) and insurance advisor. New is the overlapping of the permission for insurance consultation by insurance brokers in § […]

Quo vadis brokerage profession: negligent self-inflicted lifetime broker liability?

In view of more than 20,000 liability suits per year, intermediary liability is a special topic, especially for insurance brokers. The insurance brokers, meanwhile, have probably (consciously?) possibly brought on themselves an enormous increase in liability in their profession and a reduction in income. The beginning of the end began in 1988.   In the […]

Company pension scheme: Successful Reversal with the Support Fund – Obligation to Provide Information on Total Loss Risk with Regard to U-Fund Insolvency Scenario

“The right has the curious property that you can keep it without having it.” (Joseph Unger) Particularly in the case of deferred compensation, it is advisable to choose a reinsured provident fund (U-fund) as the carrier in the company pension scheme (bAV). However, experts agree that this involves additional acquisition and administrative costs that are […]

Initiator monitoring and controlling: sales companies and training managers in personal liability for incorrect training of financial intermediaries and financial advisors

The difference between the right word and the almost right word is the same as between a flash of lightning and a firefly (Mark Twain, US storyteller and satirist, 1835 – 1910).   Since many training courses of product providers and/or distributors are based on legal statements whose contents were not checked in advance, the […]