CONTENTS I. Liability in the event of delegation of tasks II. Particular gaps in cover for voluntary guardians III Further questions regarding adequate insurance cover arise for the professional guardian: Consequences of partnership, cooperation and office sharing No pecuniary loss insurance for lawyers and tax advisors in the case of commercial activity as guardian […]
Artikel zum Thema: Incorrect advice
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 […]
Liability for lack of information
– Employees can take action alone and/or jointly with the employer against the occupational pension provider for misadvice – In a judgment of 13.9.2007 (Case No. 8 U 29/07), the Higher Regional Court of Celle dealt with the advice given to an employee on the continuation modalities of an insurance policy concluded in the context […]
Liability of the broker for ratings used – Why brokers and clients should only “enjoy” top ratings in (occupational disability) product ratings with caution
*von Dr. Johannes Fiala, Rechtsanwalt (München), MBA Finanzdienstleistungen (Univ.), MM (Univ.), geprüfter Finanz- und Anlageberater (A.F.A.), Lehrbeauftragter für Bürgerliches und Versicherungsrecht (BA Heidenheim, Univ. of Cooperative Education), (www.fiala.de) und Dipl.-Math. Peter A. Schramm, Sachverständiger für Versicherungsmathematik (Diethardt), Aktuar DAV, öffentlich bestellt und vereidigt von der IHK Frankfurt am Main für Versicherungsmathematik in der privaten Krankenversicherung […]
Liability for occupational pension schemes ?
Explosive liability risks for employers – reduced benefits for employees ! “Today I bake, tomorrow I brew and the day after tomorrow …” (Grimm’s fairy tale) Uncertain pension “The pension is safe” proclaimed the politicians. This was followed by an appeal to the citizens to build up a second pillar for old age, the occupational […]
Liability for occupational pension schemes ?
Explosive liability risks for employers – reduced benefits for employees ! “Today I bake, tomorrow I brew and the day after tomorrow …” (Grimm’s fairy tale) Uncertain pension “The pension is safe” proclaimed the Policy. This was followed by an appeal to Citizens may want a second The mainstay of old age, the occupational (occupational […]
+++Liability for occupational pension schemes ?
Explosive liability risks for employers – reduced benefits for employees ! “Today I bake, tomorrow I brew and the day after tomorrow …” (Grimm’s fairy tale) Uncertain pension “The pension is safe” proclaimed the Policy. This was followed by an appeal to Citizens may want a second The mainstay of old age, the occupational (occupational […]
The liability trap of occupational pension schemes
Employers do not save the 20 percent social security promised by the intermediary in the context of the company pension scheme (bAV): They have a doubling of wage costs. What is the current liability ruling of the Munich Regional Labour Court (LAG): An employee had waived part of her salary for 35 months: 178 euros […]
Judgement discussion to LG Munich II from 17.08.2006
In its judgement of 17 August 2006, the Munich Regional Court II ordered the broker of a closed-end investment to pay damages on the grounds of incorrect advice in connection with the IRR method (internal rate of return). Lawyer Johannes Fiala, Munich, (www.fiala.de) has discussed the judgement – underpinned with scientific specialist information (selection) on […]
Confession of the insurance industry: Liability for occupational pension schemes?
Explosive liability risks for employers – reduced benefits for employees! “The pension is safe” proclaims the politicians. This was followed by an appeal to the citizens to build up a second pillar for old age, the occupational pension scheme (bAV) – in particular through deferred compensation. Clever sellers, especially of insurance products, seized the opportunity. […]