– Liability traps and gaps in coverage in the daily sickness benefit insurance – In its ruling of July 6, 2016 (Case No. IV ZR 44/15), the Federal Court of Justice decided that regulations in the model terms and conditions (Section 4 IV MB/KT 2009) which regulated a compulsory reduction of the insured daily sickness […]
Artikel zum Thema: Privatgutachten
Compensation from the (professional) guardian after termination of insurance
The OLG Koblenz (judgement of 28.02.2018, file no. 4 W 79/18) decided on the liability for damages of a professional caregiver after he or she had terminated a private health insurance (PKV) together with a supplementary nursing care insurance (PV) and a short time later the benefit claim occurred. Liability in the event of […]
Private opinion of an expert can not only prevent punishment in road traffic
– What is the effect of private expert opinions in criminal defence and civil lawsuits? – The Chemnitz Regional Court (decision of 3 July 2018, file no. 2 Qs 241/18) decided – after an acquittal – that the costs of an anthropological expert opinion must also be reimbursed by the state treasury at the […]
Permits for guardianship of minors, care and administration of the estate
Permits for guardianship of minors, care and administration of the estate Introduction A legal guardian can be appointed for an adult: Legal guardianship leads to legal guardianship, § 1902. The guardianship court may appoint a voluntary guardian (lay guardian) or a professional guardian. The appointment of a suitable volunteer supervisor is a priority. The volunteer […]
Optimal revocation for credit, capital investment and insurance
– When legal representation without an appraisal is giving away pure money -. No one would accuse financial institutions, i.e. banks and insurers, of unlawful or dishonest behaviour if affected customers do not receive what they are actually entitled to after a revocation of credit and investment or insurance contracts. Without an expert examination […]
Lawsuits in financial cases – private expert opinions make sense because errors often go undetected
Optimal revocation for credit, capital investment and insurance When legal representation without an expert opinion is giving away pure money No one would accuse financial institutions, i.e. banks and insurers, of unlawful or dishonest behaviour if affected customers do not receive what they are actually entitled to after a revocation of credit and investment […]
Reduction of surplus in case of advertising with inflated example calculation inadmissible
– More than EUR 50 billion in additional claims possible for reduced maturity benefits – – Around 20 million affected with an average additional claim of up to more than EUR 10,000 per contract. Low interest rates destroy investment hopes for endowment life insurance policies For almost 10 years now, all investors in life insurance […]
He who writes, stays – but not always!
You can’t hold an insurer liable for every piece of information. When assurances of the insurer are worthless explain attorney Johannes Fiala and PKV expert Peter A. Schramm in the proven series over consulting errors with the switching of private health insurances. In order to be able to meet an important business partner, have […]
english life insurance: profit participation
Liability for crashed profit participations The weakness of the capital markets is having a dramatic effect on long-term life insurance policies and private pension insurance in particular. Compared with the sample calculations published in advertising just a few years ago, the maturity benefits that can realistically still be achieved today have fallen by a third […]
Broker liability: Do UK insurers also bill correctly ?
By Dipl.-Math. Peter Schramm, Actuary DAV, actuarial expert publicly appointed and sworn by the IHK Frankfurt am Main for actuarial mathematics in private health insurance and Johannes Fiala Lawyer, Master of Business Administration, Master of Mediation, Banker (IHK) Certified Financial and Investment Advisor (A.F.A.), www.fiala.de Liability for crashed profit participation? The weakness of the capital […]