– When substitution of investments and insurance leads straight to liability – By judgment of 24.07.2015, the OLG Cologne (Case No. 20 U 44/15) ruled that termination and sale of life insurance policies is typically associated with significant disadvantages. Since every insurance broker knows this, he has to point out the disadvantages. If the […]
Artikel zum Thema: Recover
Systematic change of status from insurance agent to broker
– How can legal assistance after a house search also have a mitigating effect? – An insurance tied agent may seek advice from a management consultancy, for example, analyse his stocks in order to improve his sales – provided that the regulations on data protection and professional secrecy are observed, § 203 StGB. Creative broker […]
Compensation from the intermediary after change of cover or change of insurer
The Federal Court of Justice (BGH, ruling of 26 August 2018, file no. I ZR 274/16) expects the plaintiff, who feels that he has suffered damage after the re-coverage of life insurance policies, to present facts from which the probability of damage can be deduced for a declaratory action. An action for a declaratory […]
Why the broker is almost always liable for underinsurance
In a guest article, Dr. Johannes Fiala and Peter Schramm explain why brokers should keep a close eye on the sum insured of their customers even after the contract has been concluded. The OLG Stuttgart (ruling of 30.03.2011, file no. 3 U 192/10) sentenced a commercial broker after a claim for seven-digit underinsurance in building […]
The late switch back to statutory health insurance and other alternatives
– Why the complete departure from private health insurance is questionable – A 55-year-old man reports to an actuarial expert after his private health insurance (PKV) has more than doubled its premiums within nine years, even though he has been insured for almost thirty years. The actuary replies, yes, I just calculated that for […]
The late switch back to statutory health insurance and other alternatives
A 55-year-old man reports to an actuarial expert after his private health insurance (PKV) has more than doubled its premiums within nine years, even though he has been insured for almost thirty years. The actuary replies, yes, I just calculated that for a client – around 8% annual increases are quite realistic, especially if you […]
Can there be a gap in the insurance cover despite the fact that there is no time limit for interruption after reinsurance?
An article from the series “Vermittlerrecht praktisch” of the DHBW Heidenheim: The OLG Celle (judgment of 10.05.2012, ref. 8 U 213/11) ruled: “If a policyholder who has changed his homeowners’ insurer cannot prove, within the meaning of Code of Civil Procedure section 286, to which time a tap water damage has occurred, so that it […]
Property damage liability: Risks in the event of reorganisation and termination of insurance cover
– Whereupon in particular financial plant mediators in accordance with § 34 f exp. 1 GewO and intermediaries of financial services according to § 34 c GewO, as well as insurance brokers have to pay attention to – Currently, thousands and thousands of advisors and brokers are receiving notices from their asset protection liability […]
Insurance Broker Liability in the Light of the Reform of the German Insurance Contract Act (VVG)
Why medium-sized businesses and industry are increasingly suing insurance brokers? The responsibility of insurance brokers is considerable. As representatives of the client’s interests, brokers have an abundance of contractual and legal obligations, which they often cannot or do not want to take care of due to time constraints, especially if they promise unnecessarily much […]
The tariff change according to § 204 VVG – (not) a typical broker task!
How insurance brokers deprive themselves of their remuneration through incorrectly designed sample contracts “It’s not the fall that kills you – it’s the sudden stop at the end.” (Douglas Adams) By judgment of 01.06.2012, the District Court of Schwäbisch Hall ordered an insurance broker to repay the remuneration for brokering a change of tariff. This […]