Action for a declaratory judgment 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: 18. September 20182. December 2020

Compensation from the intermediary after change of cover or change of insurer

The Federal Court of Justice (BGH, ruling of 26 August 2018, file no. I ZR 274/16) expects the plaintiff, who feels that he has suffered damage after the re-coverage of life insurance policies, to present facts from which the probability of damage can be deduced for a declaratory action. An action for a declaratory […]

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 […]

Published on: 17. May 2017

No appeal on statute of limitations after 13 years

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 […]

Published on: 16. May 2017

Errors in advice on the tax savings model for the Rürup pension

Why the mediation of the basic pension almost certainly leads to the liability of the intermediary. The Rürup pension was sold millions of times as a tax-saving model. As a matter of course, savings by paying insurance premiums in the savings phase are then precalculated by the agent or broker. However, if documentation has […]

Published on: 1. March 2017

Generation consultants, succession planners and financial planners together with initiators in conflict with the Legal Services Act

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 […]

Published on: 16. December 2016

Opportunities for a reduction in contributions or a return to statutory health insurance

– What the tariff change broker never reveals and rarely knows – A recent study by a lobby organisation proposes to make statutory health insurance (GKV) more attractive for lower earning self-employed persons, as reported by a newspaper from Southern Germany. For self-employed persons there would be a minimum contribution of 342 euros per month. […]

Published on: 7. December 2016

What the tariff change broker never reveals and rarely knows

The Ministry of Economic Affairs has submitted a draft bill to transpose the EU Insurance Distribution Directive IDD into German law. Accordingly, the ban on commissions remains in force and in future there will be “fee-based insurance consultants The SHI system should become more attractive for the self-employed. In the guest article, attorney Dr. Fiala […]

Published on: 22. August 2016

Discussions on legal protection

Recent insurance cases in legal expenses insurance lead to the question: When is it useful to take out a coverage claim in the event of a refusal of benefits? Insurance companies offer the customer a good feeling until the customer is then faced with a mostly justified refusal of benefits in the event of […]

Phone:	+49 (0)89 – 17 90 90 – 0
Skype:	Dr. Johannes Fiala PhD
Fax:	+49 (0)89 – 17 90 90 – 70
E-Mail:	info(at)fiala.de

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