– How FIFA, Microsoft, WPs, BP and the Mafia are sued under the same law – VW is – hopefully – not a criminal organization, just like Microsoft, BP, the FIFA or auditors (WPs) of Russian companies. Surely VW only admitted the objective circumstances in a legally preventive way, or rather admitted something of which […]
Artikel zum Thema: Schäden
Punishable Wahndelikt – Confession of permitted manipulation?
How FIFA, Microsoft, WPs, BP and the Mafia are sued under the same law and pilloried through American glasses, Dr. Johannes Fiala and Dipl.-Math. Peter A. Schramm explain in a multi-part article. The first part was about the “Racketeer Influenced and Corrupt Organizations Act”, a US federal law that makes this kind of jurisdiction possible. […]
The all-risk insurance of residential buildings and household contents – a marketing gag?
When an insurer describes its product as “all-risk insurance”, this sometimes resembles the advertising promise of “guarantee certificates”. If the terms of the contract are carefully examined, it may be “marketing cheese with huge holes” in the insurance cover. Why everything is never insured against every conceivable risk. Pepperminzia insurance promises the perfect protection for […]
Marketing cheese with huge holes
If an insurer offers “all-risk insurance”, intermediaries should carefully examine the terms and conditions of the contract. Because such policies can be “marketing cheese with huge holes” in the insurance coverage, warn Dr. Johannes Fiala and Peter Schramm in the guest article. Pepperminzia insurance promises the perfect protection for your home, all-inclusive, so that the […]
All-risk insurance of residential buildings and household contents – a marketing gag?
When an insurer describes its product as “all-risk insurance”, this sometimes resembles the advertising promise of “guarantee certificates”. If the terms of the contract are carefully examined, it may be “marketing cheese with huge holes” in the insurance cover. Why everything is never insured against every conceivable risk. Pepperminzia insurance promises the perfect protection for […]
All-risk insurance: Why never everything is insured
If an insurer offers “all-risk insurance”, intermediaries should carefully examine the terms and conditions of the contract. Because such policies can be “marketing cheese with huge holes” in the insurance coverage, warn Dr. Johannes Fiala and Peter Schramm in the guest article. Pepperminzia insurance promises the perfect protection for your home, all-inclusive, so that the […]
D & O and the “dark machinations” of the Big Five
The SPIEGEL wants to have uncovered dark machinations of the great German car managers. If the revelations prove true, Daimler, BMW, Audi, Porsche and Volkswagen may face severe fines amounting to billions. Up to ten percent of annual turnover can be fined in cartel proceedings. And these are not peanuts in the German “Big Five”. […]
Variants of immoral insurance contracts
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). […]
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 […]
How the broker may also have duties of protection against third parties – Part 2
A lack of documentation already leads to courts deciding to the detriment of the insurance broker, even reversing the burden of proof. This problem may still have to be compensated in individual cases by a constantly uncertain witness evidence. A major problem is the so-called secondary burden of proof, which has been required by courts […]