Court prohibits making it more difficult to change private health insurance tariffs by means of a “tariff structure surcharge

Premium adjustment clause of Allianz Krankenversicherung also invalid?   Penalisation of old customers as tariff switchers through premium surcharge Since the introduction of the new Aktimed tariffs, Allianz has levied an additional flat-rate surcharge, the so-called tariff structure surcharge, on all switchers from the old tariffs. This reduced the potential savings of those switching from […]

Doubtful contribution increases

Most health insurers rely on impermissible premium adjustment clauses. Private health insurance policyholders may be entitled to reclaim.   At a hearing on 4 March 2010, the twelfth chamber of the Munich I Regional Court (Case No.: 12 O 23234/09), which specialises in insurance law, expressed the view that many premium adjustments by private health […]

BGH: As a rule no compensation for insurance companies in case of concealment of circumstances relevant for driving in the insurance application

*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) “In the past, even the future was better.” (Karl Valentin) An insurance company is sued for payment of damages in the amount […]

BGH: As a rule no compensation

for insurance companies in the event of concealment of circumstances relevant to the risk in the insurance application “In the past, even the future was better.” (Karl Valentin) An insurance company is sued for payment of damages in the amount of 268,039.38 Euro (household insurance) and 51,150.90 Euro (building insurance). The policyholder had concealed pre-contractual […]