LV from Liechtenstein: a planned tax fraud?

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 […]

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 […]

“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 […]

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 […]