In its ruling of 16 October 2018, the Federal Court of Justice (BGH, ref. VI ZR 459/17) decided how contracts for the sale and assignment of used life insurance policies lead to an obligation to pay damages if the investor or policyholder (UN) of the life insurance policy bears the payout risk according to the […]
Artikel zum Thema: Reversal
Reduction of life insurance: No information obligation for life insurers on reduction possibilities
Members of the German Bundestag asked: “What legal obligations do life insurance companies have to inform their customers about the possibility of reducing claims before the contract is concluded, and what is the practice of life insurance policies as established by the Federal Financial Supervisory Authority (BaFin)? The answer of the Federal Government of […]
Federal Court of Justice: New legal expenses insurance must also pay if old contracts are cancelled
– When to revoke credit and loan contracts, as well as life, annuity and other insurance policies -. The Federal Court of Justice (BGH, judgment of 24 April 2013, Case No. IV ZR 23/12) decided when customers of, for example, credit institutions (in particular private banks, savings banks) as well as insurance companies have a […]
Additional financing of company pension schemes (bAV) subject to wage tax
When do employees face a double insolvency risk with occupational pension schemes and additional tax burdens? The subject of the BMF letter of 6 December 2017 (IV C 5 – S 2333/17/10002; DOK 2017/0989084) is, among other things, also the future treatment of incorrectly structured company pension scheme (bAV): Accordingly, special payments by the employer […]
Are you really well advised?
When it comes to a >g id=”gid_0″>successful retirement provision, insurance agents or brokers are usually the first people to contact. In some cases a complete reversal of the contract is possible. The OLG Saarbrücken (judgement of 26.02.2014, file no. 5 U 64/13) decided that the insurance broker has to point out the differences between […]
Underwriting of life insurance policies
The BGH has decided that – completely independent of the revocation – a claim for damages can also be sufficient for the reversal of a life insurance policy – oh for contracts concluded from 2008 onwards. In its current ruling of 28 June 2017 (Case No. IV ZR 440/14), the Federal Court of Justice […]
Company pension scheme: Paying twice
The Federal Minister of Finance announced the future treatment of incorrectly structured company pension schemes (bAV): According to this, special payments made by the employer for employees are subject to wage tax if the provider makes calculation errors. Employers and employees are thus doubly liable for this “tax savings model”. First of all, subsequent […]
Rürup pension: Frequent false advice from brokers
– When incomplete advice enables the complete reversal – The OLG Saarbrücken (judgement of 26.02.2014, file no. 5 U 64/13) decided that the insurance broker has to point out the differences between the Rürup or basic pension and other models of a flexible private pension (already: OLG Stuttgart, in: VersR 2007, 1069). For example, information […]
Lawyer warns against occupational pension liability cases due to mini interest
In a letter dated 28 September 2017, the Federal Ministry of Finance (BMF) dealt with the future treatment of incorrectly designed contracts for occupational pension schemes (bAV). According to this, special payments by the employer in the event of calculation errors by the occupational pension scheme provider are liable to pay wage tax for employees. […]
Occupational pension provision – to be used with caution
The Federal Minister of Finance (BMF, letter dated 28.09.2017 – draft dated 04.10.2017) announced the future treatment of incorrectly structured occupational pension schemes (bAV): According to this, special payments by the employer in the event of calculation errors by the provider are liable to pay income tax for employees. Employers and employees are thus doubly […]