By the judgement of 06.03.2015 the regional court (LG Mannheim, Az. 1 S 74/14) dismissed the claim of a net policy broker for his remuneration: “However, a reference in bold type on the pre-formulated remuneration agreement, according to which the insurance broker’s claim for remuneration arises with the conclusion of the insurance contract and the […]
– When a right to information does not exist, and no right to accounting – If a policyholder assumes that he/she is entitled to a higher valuation reserve on expiry of a capital-forming life insurance policy than that paid out by the insurer, he/she may have a claim for information against the insurer. The Federal […]
– Asset protection for employees or release from liability for companies? – Severance pay for company pension schemes (bAV) as a tax-saving model The State Social Court of Baden-Württemberg (ruling of 24 March 2015, file no. L 11 R 1130/14) decided that the early settlement of occupational pension entitlements is also to be treated […]
Revoking a life insurance policy is still a complicated matter. Some insurers will initially reject the revocation in a lump sum with text modules and in the second attempt simply acknowledge it with a remainder to customers and often pay the policyholder less than the surrender value. Well, I guess it’s good to have legal […]
Revocation is often also possible in the case of occupational pension schemes (bAV). It leads to immediate payment claims for employers, but also sometimes for employees and their creditors. This is bitter for the insurers, but the beneficiaries also often go away empty-handed. Since a right of revocation still exists in large numbers today, […]
The importance of legally effective brokerage agreements is repeatedly pointed out. The team of authors, Dr. Johannes Fiala and Peter Schramm, explain in their contribution which difficulties arise for the parties involved due to missing, insufficient or too comprehensive brokerage powers. The Federal Court of Justice (BGH, ruling of 29.05.2013, ref. IV ZR 165/12) […]
Revocation is possible for life insurance policies (LV) for an eternal period. In the main, this may affect around 40% of life and pension insurance policies from the years 1995-2007 alone. This is based on rulings by the European Court of Justice (ECJ, ruling of 19 December 2013, Case C-209/12) and the Federal Court of […]
– Why basic pensions are not protected against insolvency – The Rürup pension is a typical tax-saving model. The seller’s trick is often to highlight the tax advantages at the beginning of the contract or in the savings phase, but to completely ignore the later risks of loss and tax burdens in the payout […]
– When legal representation without an appraisal is giving away pure money -. No one would accuse financial institutions, i.e. banks and insurers, of unlawful or dishonest behaviour if affected customers do not receive what they are actually entitled to after a revocation of credit and investment or insurance contracts. Without an expert examination […]
Optimal revocation for credit, capital investment and insurance When legal representation without an expert opinion is giving away pure money No one would accuse financial institutions, i.e. banks and insurers, of unlawful or dishonest behaviour if affected customers do not receive what they are actually entitled to after a revocation of credit and investment […]
