The OLG Nuremberg (partial judgment of 24.03.2016, ref. 8 U 1092/15) ruled, using the example of a life insurance policy, that termination by the guardian is invalid for lack of approval by a counter-guardian or the guardianship court. The widow, who had been appointed (revocably) as beneficiary in the event of death, successfully sued the […]
Artikel zum Thema: Subscription right
When the insolvency administrator takes hold
Direct insurance and term life insurance In the case of insolvency, a distinction is made between the actual insolvency proceedings and the subsequent good conduct phase lasting several years. Insurance benefits from private and company pension schemes (bAV), but also from term life insurance, can be paid out in both phases. The insolvency administrator will […]
The elimination of the irrevocable subscription right by revoking the life insurance policy
– How heirs or insolvency administrators can subsequently collect the contract value – If a life insurance contract falls within the estate, it is first and foremost a matter of all rights of structuring; such as termination, revocation of a subscription right, contesting the insurance contract, as well as revocation of the conclusion of […]
What is the subscription right worth in life insurance?
The elimination of the irrevocable subscription right by revoking the life insurance policy – How heirs or insolvency administrators can subsequently collect the contract value – If a life insurance contract falls within the estate, it is first and foremost a matter of all rights of structuring; such as termination, revocation of a subscription […]
Personal insurance: What happens in the event of termination by a caregiver?
When is the cancellation of a life insurance policy by a guardian invalid? And what about other personal or property insurance? The OLG Nuremberg (partial judgment of 24.03.2016, ref. 8 U 1092/15) ruled, using the example of a life insurance policy, that termination by the guardian is invalid for lack of approval by a counter-guardian […]
The elimination of irrevocable subscription rights by revoking the LV
If a life insurance contract falls within the estate, it is first and foremost a matter of all rights of structuring; such as termination, revocation of a subscription right, contesting the insurance contract, as well as revocation of the conclusion of the contract itself. The legal claim for payment of the contractual sum insured is […]
Subscription right LV: How the contract value can be collected retroactively
How can the irrevocable subscription right be eliminated by revoking the life insurance? What options are available to heirs or insolvency administrators to collect the contract value retroactively. If a life insurance contract falls within the estate, all rights of structuring apply first of all; such as termination, revocation of a subscription right, contesting […]
BGH – When a life insurance policy must distinguish between two widows
The German Federal Supreme Court (BGH, ruling of 22 July 2015, file no. IV ZR 437/14) decided that the declaration of the insurance customer “the widowed spouse” as the beneficiary is to be interpreted in such a way that “the spouse married to the policyholder at the time of the declaration of the subscription right […]
Basic pension as a permanent danger of misadvice?
The basic pension is sold by the millions as a tax-saving model. Where documentation is provided at all, however, it is not uncommon for it to lack references to tax burdens in old age, which are precisely when the standard of living is noticeably lowered. This year, up to 22,766.40 euros in contributions can be […]
The broker’s commission claim for net policy brokerage
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 […]