The Federal Court of Justice (BGH, ruling of 09.02.2018, ref. V ZR 311/16) decided that a property owner who has a craftsman carry out repair work on the house is responsible – i.e. liable – to the neighbour. In the present case, the house had burned down after roofing work due to an embers nest […]
Even offenders sometimes apply for benefits under an occupational disability insurance policy. In an exclusive commentary, attorney Johannes Fiala and actuary Peter A. Schramm explain how these are to be legally classified – and when insurers are obliged to pay benefits. What are the effects of insurance conditions of the occupational disability insurance (BU), […]
A limitation of liability agreement in the brokerage contract is regularly irrelevant, because such agreements usually do not protect against unlimited recourse liability. On the one hand, this is due to the fact that it will already be a breach of duty if the broker, as an “expert on risks”, does not inform the client […]
“Fee-based advisors” instead of multiple agents, exclusivity or insurance brokers? * – A megatrend with built-in liability for insurance intermediaries – *by Dr. Johannes Fiala, lawyer (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 Dipl.-Math. Peter […]
The free “insurance broker contract In recent decades, the call for standardized forms has led to brokers who are not legally trained to make use of “free samples of no value” – they are then often really free in the other sense of the word – namely in vain. A specimen similar to the “Verbandsmuster” […]
