Federal Court of Justice: No insurer is obliged to reject a policy following an invalid notice of termination

– Where are the dangers for insurance brokers in covering with cancellation ? –   The Federal Court of Justice (BGH, decision of 05.06.2013, ref. IX ZR 277/12) ruled that, according to settled case law, no insurer is obliged to reject an invalid termination of the insurance contract. The appeal was then withdrawn. Even BaFin […]

Insurance Broker Liability in the Light of the Reform of the German Insurance Contract Act (VVG)

Why medium-sized businesses and industry are increasingly suing insurance brokers?   The responsibility of insurance brokers is considerable. As representatives of the client’s interests, brokers have an abundance of contractual and legal obligations, which they often cannot or do not want to take care of due to time constraints, especially if they promise unnecessarily much […]

Leeway in insurers’ policy conditions

Advice traps in occupational disability, basic disability and dread disease insurance – Part II   Many people who are unable to work do not have an insured illness No insurer will want to pay an occupational disability pension just because the insured is unable to work. Nevertheless, some insured persons believe that they can obtain […]

Duties that no one can escape

By answering important practical questions on broker liability, we continue our series on common or typical advisory errors in the brokerage of private health insurance.   Resourceful brokerage advisors recommend not documenting advice at all. This is harmful because malicious lawyers will find a reason for the broker’s liability in any documentation, no matter how […]

Quo vadis brokerage profession: negligent self-inflicted lifetime broker liability?

In view of more than 20,000 liability suits per year, intermediary liability is a special topic, especially for insurance brokers. The insurance brokers, meanwhile, have probably (consciously?) possibly brought on themselves an enormous increase in liability in their profession and a reduction in income. The beginning of the end began in 1988.   In the […]