Why training and sales managers are personally liable in private health insurance sales. An analysis by attorney Dr. Johannes Fiala and mathematician Peter A. Schramm. Landauf Landab insurance brokers, independent financial service providers and bank advisors complain that at sales events held by trainers, they actually only experience positive product features through colourful pictures, […]
– How can legal assistance after a house search also have a mitigating effect? – An insurance tied agent may seek advice from a management consultancy, for example, analyse his stocks in order to improve his sales – provided that the regulations on data protection and professional secrecy are observed, § 203 StGB. Creative broker […]
Again and again, the topic of “stock security for pools” is questioned and initiated. “Ask three lawyers and you get three answers.” There are many points of view on the subject – in short, as with any contractual agreement, the devil is in the details and it all depends on the small print. The experten-netzwerk […]
Mediators increasingly need legal advice. You can get this not only from the lawyer, but sometimes also from your pool or professional association. published in www.fondsprofessionell.de in issue 03/2016, pages 212 – 214
The Federal Court of Justice (BGH, ruling of 10.03.2016, file no. I ZR 147/14) once again wrote into the insurance brokers’ logbook how comprehensive their advice must be. The usual questionnaires, including any data retrieval via the Internet, are insufficient. If, in the event of a claim, the insurer (BoD) does not pay or pays […]
– When insurers are also obliged to provide notification of the risk of cancellation – Some insurance brokers wonder whether they could continue to demand a brokerage fee from the insurer (BoD) if the BoD did not inform them immediately about an imminent termination of the policyholder (UN), i.e. their client. In principle, the […]
A report by the State Criminal Police Office of North Rhine-Westphalia on “Financial Investigations 2014” substantiates the suspicion of commission fraud by the number of submitted contract initiations in insurance sales. There were reports on two insurance brokers who had submitted their applications for endowment insurance policies (KLV) via three different pools. “The alleged beneficiaries/contractors […]
In an original article for FONDS professionell ONLINE, attorney Johannes Fiala and actuary Peter Schramm explain why they consider the decision of the Bavarian State Social Court on the obligation of a broker to pay pension contributions to be correct. The ruling of the Bavarian State Social Court (LSG) on the pension insurance obligation of […]
The Bavarian State Social Court (LSG Munich, judgement of 03.06.2016, Ref. L 1 R 679/14) confirmed the determination of the insurance obligation of a pool broker in the statutory pension insurance. The pool broker had already been defeated in the lower court: “In its ruling of 9 May 2014, the SG dismissed the action. The […]
Why brokerage claims against the broker pool are unprotected in the event of insolvency Some broker pools promise 100% security of existence in their self-advertising, and then underpin this with an effectiveness guarantee. But does that even apply? Such an advertisement gains weight if a so-called professor and advisory board liability (e.g. BGH, judgement […]
