Life Insurance Archives - Rechtsanwaltskanzlei München

Published on: 14. September 20202. December 2020

Corona aids: With state aid in insolvency and poverty in old age

– How self-employed persons and GmbH managing directors also lose their pension provision ? – In the so-called Corona crisis, the state helps, for example by providing tax relief – such as reducing advance payments and deferral of payments upon application. This applies to income tax, corporate income tax and value added tax, but not […]

Published on: 5. May 2020

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 to 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 […]

Published on: 23. April 20206. August 2021

Total loss for pension scheme of the managing partner in GmbH insolvency

– New BGH ruling: How the insolvency administrator achieves recovery and immediate realization The most common form of company pension scheme (bAV) for the managing partners is the pension commitment. A new ruling by the Federal Court of Justice (BGH ruling of 18 July 2013, file no. IX ZR 219/11) opens up further possibilities […]

Published on: 29. January 20202. December 2020

BGB-Leibrenten as the better alternative to private pension insurance

In some city archives historians find records of an annuity purchase – like these. What is behind it and what does it mean for us? Since then In the 13th century, the purchase of annuities was the predominant credit business of the Middle Ages. The future pensioner bought the right to receive a life […]

Published on: 29. January 20202. December 2020

Private and occupational pension schemes: deletion of valuation reserves remains on the agenda

For more than 10 years, the yields of life insurance policies have been suffering from the low capital market interest rates. As a result, reductions of up to more than 30 % compared to the expectations raised until the turn of the millennium are the rule. However, customers with terminated or expired contracts have been […]

Attorney Asset protection Asset protection

Published on: 15. January 202026. January 2021

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, […]

Published on: 14. January 20202. December 2020

Legal restriction to the surrender value in the event of revocation of life insurance policies is contrary to EU law

– Current ECJ ruling opens up reversal with perpetual cancellation right also for new life insurance policies since 2008 – The bang of the European Court of Justice (ECJ) The European Court of Justice ruled (ruling of 19 December 2019, ref. C355/18, C-357/18, C-479/18) that a provision in insurance contract law according to which […]

Published on: 9. January 2020

When revocation and/or amendment of a subscription right can fail

The Federal Court of Justice (BGH, ruling of 25.09.2019, ref. IV ZR 99/18) had to deal with the life insurance of a policyholder (VN) who had fallen into a coma in 1993 after an accident. The wife, who was divorced in 1994, was entitled to withdraw her claim. The father of the UN informed the […]

Published on: 9. January 20203. December 2020

Employers are often liable to employees for company pension schemes

– What information, education and advisory duties are imposed on employers? – The Regional Labour Court (Landesarbeitsgericht – LAG Hamm, judgement of 06.12.2017, file no. 4 Sa 852/17) decided that the employer (AG) is liable for damages if the advice on deferred compensation in company pension schemes (bAV) was incorrect. This was the case even […]

Published on: 14. October 2019

No insurer offers cover for foreseeable burning houses

In its ruling of 4 July 2018, the Federal Court of Justice (BGH, Ref. IV ZR 200/16) ruled „The so-called pre-enforcement clause in § 4 (4) (a) of the German Commercial Code 3 letter a) of the General Conditions for Legal Expenses Insurance (ARB 2008) is not transparent.“, and therefore invalid, § 307 I 2 […]

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

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