Insurance products supervised by the Federal Financial Supervisory Authority (BaFin) may also be null and void on the grounds of immorality. This then also applies to the contract with consultants and agents. The investor therefore has no claim to be protected from receiving false advice: A release from liability without any financial loss liability (VSH). […]
Artikel zum Thema: Case of damage
Tariff change brokers provide prohibited legal advice – but not always!
– When is liability for damages and reimbursement of remuneration regularly incurred ? – The Regional Court (LG) Saarbrücken decided in its judgement of 17.05.2016 (Az. 14 O 152/15) that the search for savings possibilities with existing private health insurance (PKV) is not directed at the proof or mediation of an insurance contract, § 204 […]
No appeal on statute of limitations after 13 years
The Higher Regional Court (OLG) of Oldenburg decided in its ruling of 19.12.2013 (Case No. 1 U 67/13) that an insurer (VR) cannot invoke the statute of limitations after years in the case of long-term claims if it had previously given a qualified acknowledgement. Statute of limitations regularly after three years at the end of […]
Insurance intermediaries: Between the fulfilment of obligations and liability
The Federal Court of Justice (BGH, ruling of 10 March 2016, file no. I ZR 147/14) decided: “The obligations of the insurance broker to provide information and advice primarily include the questions of which risks the policyholder should insure, how the most effective cover can be achieved, with which risk carrier the cover can be […]
Additional qualification clairvoyance: A must for every real estate agent
The Federal Court of Justice (BGH, ruling of 10.03.2016, file no. I ZR 147/14) once again wrote into the insurance brokers’ logbook how comprehensive their advice must be. The usual questionnaires, including any data retrieval via the Internet, are insufficient. If, in the event of a claim, the insurer (BoD) does not pay or pays […]
Manager liability insurance, D&O and professional liability insurance are without protection
Insolvency administrators are not obliged to maintain the liability insurance concluded in favour of a manager or director. This was decided by the Federal Court of Justice (Ref.: IX ZR 161/15) in April of this year. This means that the legal claim to the cover insured in favour of the managing director, in particular to […]
Insurers’ distribution often not in compliance with the law
How insurers have to pay in full in the event of a claim despite incorrectly answered risk questions Policyholders (UN) can lie to their future insurer (VR) with impunity on risk issues. All you have to do is find an insurer who is stupid enough not to conduct its business in accordance with the […]
Claims assistance for insurance brokers & policyholders in the event of damage
The Federal Court of Justice (BGH, ruling of 14.01.2016, file no. I ZR 107/14) decided that insurance brokers may not settle insurance claims on behalf of insurers (VR). In addition, there are insurance brokers who offer damage assistance to broker colleagues and their insurance customers, or to their own and any policyholders (UN) – recently […]
Liability case underinsurance
The Stuttgart Higher Regional Court (OLG) (ruling of 30 March 2011, file number 3 U192/10) sentenced a commercial broker after a claim for seven-figure underinsurance in building insurance. The minimum content of the advice must be “above all, advice and information on what risks should be covered, how the most effective cover can be achieved […]
Discussions on legal protection
Recent insurance cases in legal expenses insurance lead to the question: When is it useful to take out a coverage claim in the event of a refusal of benefits? Insurance companies offer the customer a good feeling until the customer is then faced with a mostly justified refusal of benefits in the event of […]