What benefits the policyholder can expect from the insurer Passive insurance The aim of the insurance cover is to keep the policyholder free from liability obligations (BGH NJW 1967, 2203). This will also include claims for injunctive relief and removal pursuant to Section 1004 of the German Civil Code, for example in the case of […]
Artikel zum Thema: Action for a declaratory judgment
Intermediaries are liable for losses
The Federal Court of Justice has ruled that insurance intermediaries are liable for damages suffered by customers in connection with ageing provisions when switching private health insurance (PKV). This also applies to private supplementary health insurance in addition to statutory health insurance. The executive of an intermediary association once asked his colleagues, “Can you tell […]
Intermediary and distribution law: free samples and forms are no liability-free favours
– Pools, distributors, associations, insurers in the recourse liability trap ? – *by Dr. Johannes Fiala, Attorney at Law (Munich), MBA Financial Services (Univ.), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Lecturer in Civil and Insurance Law (BA Heidenheim, Univ. of Cooperative Education), (www.fiala.de) and Hermann Siebenhaar, insurance broker as well as management consultant […]