False advice Archives - Rechtsanwaltskanzlei München

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: 16. May 2019

Why private basic pensions often lead to losses for policyholders

A marketing expert remarked: “The best marketing agency is in Berlin – that is, the government”. First came the Riester pension with subsidised allowances, then the increasingly tax-deductible basic pension – also known as the Rürup pension. One financial services provider said: “The shift from state to private retirement provision is a growth market for […]

Published on: 20. November 2018

Risks of vandalism: No insurance cover in the event of refusal to pay protection money

– Why do you lose your insurance cover without paying protection money? – The Federal Court of Justice (BGH, ruling of 16.06.2010, file no. IV ZR 229/09) decided on the case of a restaurant owner who was threatened with damage or destruction of his premises that burglary and/or vandalism risks are to be reported […]

Published on: 14. November 20182. December 2020

Compensation claim: house, apartment and land owners are liable for damages caused by commissioned craftsmen

The Federal Court of Justice (BGH, ruling of 09.02.2018, ref. V ZR 311/16) decided that a property owner who has a craftsman carry out repair work on the house is responsible – i.e. liable – to the neighbour. In the present case, the house had burned down after roofing work due to an embers nest […]

Published on: 24. September 20182. December 2020

Private opinion of an expert can not only prevent punishment in road traffic

– 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 […]

Published on: 28. May 2018

Reversal of the burden of proof in case of inadequate documentation

The Federal Court of Justice (BGH, ruling of 13 November 2014, Ref. III ZR 544/13) has recently ruled that failure to comply with the insurance agent’s duty of documentation in accordance with § 61 Para. 1 sentence 2, § 62 of the German Insurance Contract Act (VVG) may lead to a shift in the burden […]

Published on: 19. March 20182. December 2020

Protocols should ensure high quality advice

The Bundesgerichtshof (BGH, ruling of 13.11.2014, Ref. III ZR 544/13) has recently decided that the failure of the insurance broker to comply with the documentation obligation under Section 61 (1) of the German Insurance Supervision Act (Versicherungsvermittler). 1 sentence 2, § 62 of the German Insurance Contract Act (VVG) may lead to a shift in […]

Published on: 29. January 2018

Rürup pension: Frequent false advice from brokers

– When incomplete advice enables the complete reversal – The OLG Saarbrücken (judgement of 26.02.2014, file no. 5 U 64/13) decided that the insurance broker has to point out the differences between the Rürup or basic pension and other models of a flexible private pension (already: OLG Stuttgart, in: VersR 2007, 1069). For example, information […]

Published on: 7. December 20173. December 2020

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 […]

Published on: 18. May 2017

Insured in the statutory health insurance without minimum premium payment

Self-employed persons with a very low income can apply to pay less than the so-called minimum contribution to the statutory health insurance (GKV). But Dr. Johannes Fiala and Dipl.-Math. Peter A. Schramm think that you have to come up with this on your own, because hardly anyone will tell you voluntarily. What the tariff change […]

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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