Artikel zum Thema: Pool
Portfolio guarantee for intermediaries in the event of sales and pool insolvency: A self-dealing exercise?
What insurance agents and brokers should look out for in terms of self-protection Service commissions and follow-up commissions may be forfeited upon separation of the agent from the pool or distributor if the distributor is sold or liquidates its holdings, including the insolvency of a broker pool. Insurance agents and brokers are therefore readily […]
The pecuniary loss liability of the insurance broker and other financial service providers
What benefits the policyholder can expect from the insurer Passive insurance The aim of the insurance cover is to keep the policyholder free from liability obligations (BGH NJW 1967, 2203). This will also include claims for injunctive relief and removal pursuant to Section 1004 of the German Civil Code, for example in the case of […]
Insurance law practical – Is a broker allowed to pay back commission to his client?
At this point, attorney at law Dr. JohannesFiala, https://www.fiala.de, lecturer for insurance law at DHBW Heidenheim, your questions. You can ask questions by sending an e-mail toott@dhbw-heidenheim.de The insurance broker has a duty in the interest of his client, the policyholder, to (1) investigate risk, (2) examine property, (3) place risk, and (4) inform his […]
Ponzi schemes in bonds etc. (current case of S&K)
A commentary and recommendations for action by attorney Dr. Johannes Fiala. “No, no, dear investor: the money is not gone – it is just that other people have it today”. For intermediaries and advisors, there is not only the risk of losing portfolios and lapse reserves. 15% commission and more: Federal Court of Justice (BGH) forces […]
New rulings for interest rate differential transactions and leverage models
Why insurers pay the claim when the financial services provider is broke Instead of effortless wealth, hundreds of thousands of investors often end up with a mountain of debt, and it is not uncommon for them to lose all their savings or even face personal insolvency. This was made possible by well-sounding names such […]
100 per mille brokerage fee: liability trap or suicide for insurance brokers?
– How pools deliver their insurance brokers as partners directly to the knife – “We illuminate the market”: 100 per mille brokerage fee – “extremely favorable” ? A broker pool lures with a remarkably high brokerage fee – but unfortunately this does not matter for the broker liability: After all, the advertised product, a […]
Intermediary and distribution law: free samples and forms are no liability-free favours
– Pools, distributors, associations, insurers in the recourse liability trap ? – *by Dr. Johannes Fiala, Attorney at Law (Munich), MBA Financial Services (Univ.), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Lecturer in Civil and Insurance Law (BA Heidenheim, Univ. of Cooperative Education), (www.fiala.de) and Hermann Siebenhaar, insurance broker as well as management consultant […]
Only those who advise well are well protected
Customers have the option to waive consultation and documentation. Sample protocols note this option. But this advice is controversial and should be implemented only in exceptional cases. With sample protocol authors, the clause “The customer expressly waives consultation and documentation” is often offered. These providers include, for example, software manufacturers (also with advertising about alleged […]
EU Insurance Mediation Directive: Will insurance intermediaries and financial service providers lose their licences?
*by Dr. Johannes Fiala, lawyer (Munich), mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), lecturer in civil law and insurance law (Univ. of Cooperative Education), banker (www.fiala.de) and Ralf W. Barth, managing director of Ralf W. Barth GmbH and pecuniary loss liability broker (www.rwb-finanz.de), as well as board member […]
