Survivors rub their eyes when the survivors’ pension of the German Pension Insurance (DRV) is reduced to zero after three months. This regulation – which was last tightened in 2002 – affects marriages entered into after 2002 or those where both spouses were born after 1962. Then 40% of the additional net income is offset, […]
Artikel zum Thema: Damages
Incorrect information by insurers for consumers is anti-competitive
– How a new ECJ ruling opens the door for insurance brokers to issue warnings – The European Court of Justice ruled by judgment of 16.04.2015 (Case C-388/13) that “the provision of false information by a trader to a consumer […] must be classified as a ‘misleading commercial practice’ within the meaning of this […]
Up to more than 170,000 medical liability cases – without compulsory insurance?
Experts estimate that there are up to more than 170,000 medical malpractice cases per year. Until the PatRG came into force, there was only case law on medical liability. A distinction is now made between liability cases: 1. malpractice due to medical malpractice, 2. breaches of the duty of disclosure pursuant to Section 630e […]
When the IRR return becomes a liability risk for the distributor
The IRR yield is based on an unrealistic calculation method. Bank advisors who do not inform their clients about this risk not only claims for damages. In the worst case, a reversal may occur. A guest article by Dr. Johannes Fiala and Edmund Ranosch. In a recent judgement of the LG Munich II (Az.: 9B […]
Return knowledge for lawyers
Among lawyers, the old adage still applies: “iudex non calculat”. But a few days ago, an article1 appeared in the business section of the FAZ, which, due to the headline, did not reveal the explosive nature of the author’s comments on the subject of yields. In everyday life we often use terms about whose meaning […]
Insurance fraud in connection with partial retirement, working time accounts and pension commitments via double trust (CTA)
Total loss in the case of partial retirement, working time accounts and pension commitments How directors, other officers, or self-employed agents completely lose their retirement benefits due to ineffective trust models. The business model of renowned corporate consultants for occupational pension schemes (bAV) includes the provision of the reinsurance assets by means of a […]
Employer liability for occupational pensions: Unequal rates for men and women
New ruling of the European Court of Justice (ECJ) The ECJ also obliges employers in occupational pension schemes to use only so-called “unisex tariffs” from 21 December 2012, for example when using direct insurance. Up to now, female employees have received a lower occupational pension than male employees for the same contribution, because men have […]
Unisex changeover 2013 – note new tariffs with immediate effect
Through the Occupational Pensions Act, the legislator has imposed an additional task on employers “as disinterested investment managers” of their employees and also holds them liable for this. The authors explain what employers, but also consultants involved in the human resources area of companies, must observe from 2012 in order to comply with the legislator’s […]
Illegal personnel consulting: Expert fee-based consulting with hidden commission
– BGH ruling: Liability of management consultants in occupational pension schemes – – OLG Munich judgment: Financial firms liable for kick-backs to tax advisors – Remuneration issue: fee at the front – commission at the back A current letter from the Federal Ministry of Justice points out to the state judicial administrations that a license […]
When the civil servant’s son has to go into the basic tariff
Children of civil servants who are studying are in good hands with private health insurance, but when the family supplement is removed, it becomes expensive. The increase of the private health insurance must be applied for in time, otherwise the insurer can demand risk surcharges or the customer even ends up in the basic tariff. […]