Documentation Archives - Rechtsanwaltskanzlei München

Published on: 16. November 20206. August 2021

Asset manager’s liability : right to compensation and damages

Asset manager liability: What you need to know Those who are wealthy or come to assets are not necessarily also experts in the field of money investmentor asset management. For this reason, in order to maintain the preservation of their own property and to increase the long term visibility of future, many investors use the […]

Published on: 22. January 2020

Systematic change of status from insurance agent to broker

– How can legal assistance after a house search also have a mitigating effect? – An insurance tied agent may seek advice from a management consultancy, for example, analyse his stocks in order to improve his sales – provided that the regulations on data protection and professional secrecy are observed, § 203 StGB. Creative broker […]

Published on: 9. January 20203. December 2020

Employers are often liable to employees for company pension schemes

– What information, education and advisory duties are imposed on employers? – The Regional Labour Court (Landesarbeitsgericht – LAG Hamm, judgement of 06.12.2017, file no. 4 Sa 852/17) decided that the employer (AG) is liable for damages if the advice on deferred compensation in company pension schemes (bAV) was incorrect. This was the case even […]

Published on: 15. November 2019

Why do insurance brokers have only limited duties of advice and documentation?

The Higher Regional Court (OLG Hamm, decision of 5 December 2018, file no. 20 U 146/18) confirmed the dismissal of the complaint regarding the (alleged) miscounseling by an insurance broker when changing the cover of a private health insurance. The new private health insurer had later challenged the contract because of incorrect answers to the […]

Published on: 1. July 20192. December 2020

Brokers’ liability in the sale of used life insurance

– Obligation of the insurance broker to advise in the case of brokering in the secondary market for life insurance policies – An insurance broker was ordered to pay damages by the Higher Regional Court of Dresden (OLG, ruling of 29 February 2019, file no. 4 U 942/17) because he had not informed the policyholder […]

Published on: 12. June 2019

Duty of documentation and burden of proof despite waiver of consulting documentation

The best proof in case of faulty advice is the advice documentation, because from this the gaps in the advice can be deduced. The few policyholders who receive expert advice (UN) often have a better chance of explaining the gaps in advice and possible mistakes. Conversely, however, insurance brokers and insurance agents also have far […]

Published on: 6. May 20192. December 2020

How to increase the number of organ donations:

And what price does the donor have to pay? In Varanasi, on the banks of the holy Ganges, tourists wanted to attend a traditional cremation. To the relatives of the burning candidate who were standing around, it was said that he was already dead, and that he should now be placed on the pile […]

Published on: 6. March 2019

Sale of life insurance policy destroys shapeable additional income

In its ruling of 16 October 2018, the Federal Court of Justice (BGH, ref. VI ZR 459/17) decided how contracts for the sale and assignment of used life insurance policies lead to an obligation to pay damages if the investor or policyholder (UN) of the life insurance policy bears the payout risk according to the […]

Published on: 5. December 20182. December 2020

Supermarkets are pushing into insurance sales

Policy sale next to the deposit machine? Why not! Lawyer Johannes Fiala and actuary Peter A. Schramm explain how discounters and full-range retailers could circumvent the strict rules for insurance brokerage. Insurance intermediaries have to face growing competition from online comparison portals and brokers as well as direct insurers. Tech giants like Google and […]

Published on: 15. October 20182. December 2020

Civil servants are not compulsorily insured either in the private or the statutory health insurance

The Regional Social Court of Berlin-Brandenburg (ruling of 30 November 2017, file no. L 1 KR 446/15) ruled that civil servants “are to be regarded as entitled to state aid without restriction and thus otherwise secured”. Since 01.01.2009, it has been up to each civil servant to decide whether to take out a private […]

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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