Liability of insurance companies, agents and insurance brokers for faulty design Insurance brokers have always had a particularly heavy responsibility towards their customers. In the German Insurance Contract Act (VVG), the legislator has expressly defined the liability of the insurance intermediary in §§ 59 ff. VVG. Obligation to pay contributions to statutory health […]
Artikel zum Thema: Survivor benefits
Client Information July 2008
Publisher: *by Dr. Johannes Fiala, Attorney at Law (Munich), MBA Financial Services (Univ.), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Banker (www.fiala.de), ehem. Member of the examination board of the Munich Chamber of Industry and Commerce for the expert examination of financial advisors for financial services and financial services specialists, lecturer for civil law and […]
Rürup pension: What financial advisors often forget to tell their clients
A Rürup pension cannot be inherited, given away, sold or lent. If you have debts, you risk creditors seizing the Rürup assets you have saved up before your pension starts. And if the state would have to pay Hartz IV or court cost assistance, it allows him to deny the Rürup assets and to refer […]
Civil partnership and marriage
ULA: discussing issues for the future At 11. and 12 May, the ULA Speaker’s Committee Day 2011 will be held at Pariser Platz in Berlin. The event is aimed at spokesperson committee members from large and medium-sized companies in all sectors. The focus is on current economic and career-related issues that go beyond the […]
No, Mr. Customer: Your money isn’t gone – it’s just gone to someone else!
A Rürup pension cannot be inherited, given away, sold or lent. Those who have debts, on the other hand, risk beingss creditor seize and exploit the accumulated Rürup assets before retirement. And if the state would have to pay, for example, Hartz IV or court cost assistance, it can refuse this because of the […]
Allegations of corruption in the insurance distribution of company pension plans
Allegations of corruption in the insurance distribution of company pension plans The most recent investigations by the public prosecutor against insurance sales in connection with the bAV-IVECO affair weigh heavily: an insurance broker was able to bribe a confessed works council with six figures from lavish commissions presumably amounting to millions. The insurance industry […]
Confusing old and new widow law
This is the first post in a series looking at advice failures in retirement planning. Users of consulting software can thus check their software for these errors. Last but not least, the legal consequences are shown. The series begins with a very common mistake – namely, the failure to distinguish between old and new widow/widower […]
No garnishment protection
The Federal Court of Justice (BGH) decided in its ruling of 15.11.2007 (Ref. IX ZB 89/05) that private insurance pensions (e.g. accident or occupational disability pensions) or pension pensions (so-called private old-age provision) of former freelancers or self-employed persons do not enjoy any attachment protection. This is also the case for self-employed persons and freelancers […]
BGH ruling: Private pension provision pensions are fully attachable
Many self-employed persons and freelancers are not aware that, according to a ruling of the Federal Court of Justice, private insurance pensions, such as accident or occupational disability pensions, or pensions of former freelancers and self-employed persons do not enjoy any protection against seizure. As a rule, the legally permitted insurance assets that are exempt […]
Attachment of private pensions is possible – no tax-free amount
Bogus security The Federal Court of Justice (BGH) decided in its ruling of 15.11.2007 (Ref. IX ZB 89/05) that private insurance pensions (e.g. accident or occupational disability pensions) or pensions (so-called private old-age provision) of former freelancers or self-employed persons do not enjoy any protection against seizure. This is also the case for self-employed persons […]