The Federal Court of Justice (BGH, ruling of 07.07.2020, ref. VI ZR 308/19) decided that an employed claims adjuster is (co-)liable in tort if he uses his alleged expertise for an injured party by exerting influence on the performance of third parties; § 823 I BGB. In the case in question, the injured party […]
Artikel zum Thema: Regress
Company pension scheme Managing director and shareholder-managing director
Loss of company pension scheme for managing directors in the event of insolvency The company pension scheme has increasingly become the focus of public interest in recent years due to changes and adjustments in pension policy. Politicians are increasingly shifting the issue of pensions into the personal responsibility of employees and employers, which means that […]
Small or large matrimonial property regime swing for asset protection – absolutely legal design – or tax evasion deluxe?
Small or large matrimonial property regime for asset protection *- concerning the ex-manager of a DAX company, a public prosecutor suspects tax evasion as a result of the use of a matrimonial property regime. The legal counsel of the person concerned will consider filing a criminal complaint for alleged violation of official and service secrets. […]
Why are insurance agents and insurance brokers liable for underperformance?
The Social Court of Dresden (judgement of 09.03.2017, file no. S 39 VE 25/14) decided that if private provision by (accident) pension insurance coincides with pension entitlement under the Victims’ Compensation Act (due to a criminal offence suffered), partial crediting takes place. The victim’s pension of € 708 was reduced by about € 580 (part […]
D & O and the “dark machinations” of the Big Five
The SPIEGEL wants to have uncovered dark machinations of the great German car managers. If the revelations prove true, Daimler, BMW, Audi, Porsche and Volkswagen may face severe fines amounting to billions. Up to ten percent of annual turnover can be fined in cartel proceedings. And these are not peanuts in the German “Big Five”. […]
Employers are still liable for their commitments to employees
When pension funds cut their own benefits For years, there have been more and more reports about the reduction of benefits in pension funds, life insurance companies and pension funds. Responsible actuaries, actuaries, are increasingly worried there. And rightly so, because employers could take recourse against these experts in matters of occupational pension calculation. After […]
When time value accounts lead to criminal prosecution and employer liability
Time value accounts (ZWK) are used to shift social insurance and payroll tax contributions into the future. Such ZWK arrangements are not recognised for tax purposes in the case of members of the management boards of public limited companies and managing directors of private limited companies, as the Federal Minister of Finance clarified (letter dated […]
Additional qualification clairvoyance: A must for every real estate agent
The Federal Court of Justice (BGH, ruling of 10.03.2016, file no. I ZR 147/14) once again wrote into the insurance brokers’ logbook how comprehensive their advice must be. The usual questionnaires, including any data retrieval via the Internet, are insufficient. If, in the event of a claim, the insurer (BoD) does not pay or pays […]
Do insurers have to inform the broker of a customer termination ?
– When insurers are also obliged to provide notification of the risk of cancellation – Some insurance brokers wonder whether they could continue to demand a brokerage fee from the insurer (BoD) if the BoD did not inform them immediately about an imminent termination of the policyholder (UN), i.e. their client. In principle, the […]
Compliance: Is the pool use “risky”?
A report by the State Criminal Police Office of North Rhine-Westphalia on “Financial Investigations 2014” substantiates the suspicion of commission fraud by the number of submitted contract initiations in insurance sales. There were reports on two insurance brokers who had submitted their applications for endowment insurance policies (KLV) via three different pools. “The alleged beneficiaries/contractors […]