Incorrect advice Archives - Rechtsanwaltskanzlei München

Published on: 15. November 2019

Why do insurance brokers have only limited duties of advice and documentation?

The Higher Regional Court (OLG Hamm, decision of 5 December 2018, file no. 20 U 146/18) confirmed the dismissal of the complaint regarding the (alleged) miscounseling by an insurance broker when changing the cover of a private health insurance. The new private health insurer had later challenged the contract because of incorrect answers to the […]

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: 16. February 20182. December 2020

Are you really well advised?

When it comes to a >g id=”gid_0″>successful retirement provision, insurance agents or brokers are usually the first people to contact. In some cases a complete reversal of the contract is possible. 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 […]

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: 18. May 2017

How the broker may also have duties of protection against third parties – Part 2

A lack of documentation already leads to courts deciding to the detriment of the insurance broker, even reversing the burden of proof. This problem may still have to be compensated in individual cases by a constantly uncertain witness evidence. A major problem is the so-called secondary burden of proof, which has been required by courts […]

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: 17. February 20177. December 2020

OLG Cologne: Double acquisition costs in life insurance not permissible

The Higher Regional Court of Cologne (OLG Köln, judgement of 02.09.2016, file no. 20 U 201/15) forbade a life insurer to charge Riester customers double acquisition costs – once costs with a maximum rate of 2.5 percent (previously 4.0 percent) of the premium volume spread over five years, and in addition further costs over the […]

Published on: 31. January 201711. January 2021

Social partner model for occupational pension schemes – old wine in new bottles

Both the Federal Ministry of Labour and Social Affairs (BAMS) and the Federal Ministry of Finance (BMF) are currently interested in improving occupational pension schemes (bAV). On the one hand, there is the concept of a “new” implementation route via the collective bargaining parties as the sponsors of the occupational pension (“Nahles pension”). On the […]

Published on: 24. January 2017

House beats share – really?

The Federal Court of Justice (BGH, ruling of 17.06.2016, file no. V ZR 134/15) decided that claims for damages could only begin to lapse if the investor can see, for example through the annual statement of account of the administrator or rental pool, what higher expenses are based on – in contrast to the advertising […]

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

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