In the view of VDVM, a current ruling by the BGH will have far-reaching consequences for insurance brokers. Even though it will still be some time before the reasons for the judgement are given, it is becoming apparent that the Federal Court of Justice considers the settlement of claims by insurance brokers to be a […]
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Occupational disability insurance: half-empty or half-full
Concrete or abstract reference – or both? Any such general distinctions in occupational disability insurance (BU) are ultimately not conducive to classifying concrete insurance conditions according to them. However, there can be transitions, theoretically e.g. in the case of an initial inspection different from that of a subsequent inspection. And no one forbids the […]
Would you have known? Even criminals are entitled to BU benefits!
Even offenders sometimes apply for benefits under an occupational disability insurance policy. In an exclusive commentary, attorney Johannes Fiala and actuary Peter A. Schramm explain how these are to be legally classified – and when insurers are obliged to pay benefits. What are the effects of insurance conditions of the occupational disability insurance (BU), […]
Generation consultants, succession planners and financial planners together with initiators in conflict with the Legal Services Act
For decades there has been the training as Financial-Planner (financial planner), Estate-Planner (succession planner) and for some years now as Generation Consultant with IHK certificate. Surely only the trainers will make money from this for the time being. At second glance, it is a guide to the violation of the Legal Services Act (RDG) and […]
When time value accounts lead to criminal prosecution and employer liability
Time value accounts (ZWK) are used to shift social insurance and payroll tax contributions into the future. Such ZWK arrangements are not recognised for tax purposes in the case of members of the management boards of public limited companies and managing directors of private limited companies, as the Federal Minister of Finance clarified (letter dated […]
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 […]
Compliance: Is the pool use “risky”?
A report by the State Criminal Police Office of North Rhine-Westphalia on “Financial Investigations 2014” substantiates the suspicion of commission fraud by the number of submitted contract initiations in insurance sales. There were reports on two insurance brokers who had submitted their applications for endowment insurance policies (KLV) via three different pools. “The alleged beneficiaries/contractors […]
Insurance brokers are liable for missing documentation even if they have given correct advice
– As the broker also has duties of protection against third parties – A recent ruling of the Higher Regional Court of Cologne of 26.02.2016 (Case No. 20 U 102/15) underlines the “obligation of the broker to inform the policyholder that the intended change to private health insurance (PKV) may affect the insurance cover […]
With the app in the insurance jungle
Digitalisation is driving a new sow through the landscape every day in the form of apps as Internet services. The problem with this, no software helps with damages. The cover charge is the only thing that’ll help. www.finanzwelt.de (published on 14.06.2016) Link: http://finanzwelt.de/mit-der-app-im-versicherungsdschungel/
BGH – Liability of tariff change optimizers also applies to old cases
Health insurers may demand an exclusion of benefits in the target tariff if the policyholder changes tariffs. The policyholder does not need to have an increased risk for this. This is clear from a ruling of the Federal Court of Justice (BGH). As a result, tariff change optimizers who accept unreasonably high risk surcharges for […]