Privatgutachten Archives - Rechtsanwaltskanzlei München

Published on: 13. March 2019

When are insurers no longer obliged to pay benefits or can reduce benefits?

– 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 […]

Published on: 25. February 2019

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 […]

Published on: 24. September 20182. December 2020

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 […]

Published on: 24. March 2016

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 […]

Published on: 25. August 2015

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 […]

Published on: 30. June 201511. January 2021

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 […]

Published on: 31. May 2013

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 […]

Published on: 9. June 201111. January 2021

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 […]

Published on: 25. June 2007

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 […]

Published on: 21. September 200616. February 2021

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 […]

Phone:	+49 (0)89 – 17 90 90 – 0
Skype:	Dr. Johannes Fiala PhD
Fax:	+49 (0)89 – 17 90 90 – 70
E-Mail:	info(at)fiala.de

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