– When sellers, intermediaries and advisors are themselves in the fire in the case of insolvent investments – A well-known structural distributor was ordered to pay damages by judgment of 31.07.2014 (LG Frankfurt/Main, Case No. 2-32 O 154/13) because an investment advisor insufficiently informed about risks of a real estate fund. Structural distributors and […]
Artikel zum Thema: Haftung
Advisory duties, liability, gaps in cover using the example of natural hazard insurance
– When insurance brokers and agents are liable for the uninsured like insurers -. The German Insurance Association (GDV) puts the insured losses from the flood disaster in July at around €7bn. However, for damages that are not insured in whole or in part, the liability of the insurance intermediary, who often provides “support”, […]
Why insurers are not advocates for their clients?
Bavarian solution for business closures (BSV) of innkeepers is mostly unappealable “Panic Professor: the virus needs a host. So let’s close down all the economies: Basta!” “One person – one problem! No man – no problem!” (Stalin) Settlement with insurer (VR) on business closure insurance (BSV) invalid? A prestigious insurance law firm and a […]
How strong claims management becomes a dangerous “service”?
The Federal Court of Justice (BGH, ruling of 07.07.2020, ref. VI ZR 308/19) decided that an employed claims adjuster is (co-)liable in tort if he uses his alleged expertise for an injured party by exerting influence on the performance of third parties; § 823 I BGB. In the case in question, the injured party […]
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 […]
No obligation to provide information on taxes and social security contributions on occupational pensions
The Federal Labour Court (BAG, ruling of 18.02.2020, Ref. 3 AZR 206/18) decided that an employer did not owe compensation for damages simply because he had not correctly informed about social insurance contribution obligations at an information event, and simply because he did not even address the topic of social insurance. Then he did […]
Does the Federal Agency permit double collection of short-time work benefits (KUG) and full closure insurance (BSV) ?
Short-time work compensation (KUG) is only available as a subsidiary social benefit under the Third Social Security Code. According to legal regulations, benefits or insurance contractual legal claims from a business closure insurance (BSV) are credited, i.e. deducted. This is now said to have changed temporarily by an order of the Federal Institute for Salaried Employees (BA). Really?
Company pension scheme: Company loses all its pension assets to insolvency administrator
– OLG Naumburg: Consultants are liable for losses and incorrect advice – Insolvency administrator draws company and private pension provision completely an investment broker and insurance brokers are happy to advertise company and private pension provision for entrepreneurs as “seizure-proof and insolvency-proof”. However, this is not the case, as a recent ruling by the […]
Training liability in insurance, capital investment and bank sales
Why training and sales managers are personally liable in private health insurance sales. An analysis by attorney Dr. Johannes Fiala and mathematician Peter A. Schramm. Landauf Landab insurance brokers, independent financial service providers and bank advisors complain that at sales events held by trainers, they actually only experience positive product features through colourful pictures, […]
Lawyer Asset Protection in Munich
Asset protection: Protect your private or business assets from creditors and insolvency From our daily practice we know that there are a number of different ways to lose your assets and also your old age provision. The classic cases in the private sector go far beyond the extent of inflation and tax liability. For example, […]