What intermediaries, especially insurance brokers, should watch out for Broker advisors and insurance intermediaries often ask themselves whether brokering life insurance policies from Liechtenstein is perhaps already tax fraud? After all, foreign insurers would love to claim that no taxes were involved. And wouldn’t this be as dangerous as moving supposedly “tax-neutral” money into or […]
Artikel zum Thema: Regress
The profession and remuneration of finance and insurance brokers in transition due to regulation
Selected challenges and megatrends in financial services distribution The image of financial services sales of credit institutions and insurers has been suffering for years, especially due to TV documentaries about dubious business models or manipulation of interest rates, share prices and commodity prices. Product providers are also in the pillory, for example when up […]
Liability for pecuniary loss
The tax advisor is liable to his client if, for example, a fine is imposed on the client due to carelessness (BGH, judgement of 14.11.1996, ref. IX ZR 215/95; BGH, judgement of 15.04.2010, ref. IX ZR 189/09). Compensable damages would also include compensation for deprivation of liberty, the necessary bail and any resulting loss of […]
Pension funds stress employers over their default liability to employees
There are increased liability risks for employers in around 87% of pension funds One way of implementing the company pension scheme is the Pensionskasse (PF). Because they are monitored by the Federal Financial Supervisory Authority (BaFin), employers in this case are spared having to contribute to the Pension Protection Association (PSVaG). If the employer becomes […]
“Gang-related fraud” and false advice.
Incomplete voluntary disclosure and the consequences – When tax advisors can be liable under civil and criminal law alongside the tax evader (2) The ongoing discussion about tax evasion and voluntary disclosures in the media and in politics, most recently fuelled by the trial of Uli Hoeneß, also draws attention to the work of […]
Severance pay and other alternatives to occupational pension schemes (bAV)
– Opportunities for employers and employees to optimize pension provision – Due to the low interest rates on the capital markets, it will in many cases no longer be possible to achieve positive real returns in the traditional external implementation channels of occupational pension schemes in accordance with the German Company Pensions Act (BetrAVG). […]
VSH: Coverage gaps for liability umbrella and intermediaries
Time and again, companies in the investment brokerage industry get into difficulties or disappear from the market. In fact, the individual intermediaries, for whom such events can threaten their very existence, are always caught up in the maelstrom. The latest example of this could now become the liability umbrella of Infinus. For the time being, […]
Insurance Broker Liability in the Light of the Reform of the German Insurance Contract Act (VVG)
Why medium-sized businesses and industry are increasingly suing insurance brokers? The responsibility of insurance brokers is considerable. As representatives of the client’s interests, brokers have an abundance of contractual and legal obligations, which they often cannot or do not want to take care of due to time constraints, especially if they promise unnecessarily much […]
Security of benefits in private health insurance
The benefits in private health insurance are fixed by contract, but they are not irrevocably fixed, the benefits can also be reduced. Anyone who claims otherwise as an intermediary is liable. An the face of ever new legally imposed benefit restrictions in statutory health insurance, one advantage of private health insurance is praised: The benefits […]
Is an insurer or broker liable if its analysis software calculates incorrectly and consequently makes incorrect recommendations to the customer?
From the series of newsletters of the DHBW (Baden-Wuerttemberg Cooperative State University) Heidenheim on the topic “Mediation Law in Practice”: At this point, lawyer Dr. Johannes Fiala, https://www.fiala.de, lecturer for insurance law at the DHBW Heidenheim, will answer your questions. You can ask questions by sending an email to ott@dhbw-heidenheim.de. In the case […]