Recover Archives - Rechtsanwaltskanzlei München

Published on: 22. January 2020

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 […]

Published on: 18. September 20182. December 2020

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 […]

Published on: 11. October 20167. December 2020

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 […]

Published on: 19. November 201511. January 2021

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 […]

Published on: 18. August 201511. January 2021

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 […]

Published on: 25. August 2014

Intermediary Law Practical “Can there be a gap in insurance coverage despite freedom from interruption for a period of time after reinsurance?”

The OLG Celle (judgement of 10.05.2012, file no. 8 U 213/11) ruled: “If a policyholder who has changed his residential building insurer cannot prove in the sense of § 286 ZPO at which time a tap water damage occurred, so that it cannot be clarified which of the insurers is liable, this ambiguity is at […]

Published on: 16. October 201311. January 2021

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 […]

Published on: 12. September 201311. January 2021

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 […]

Published on: 29. May 201311. January 2021

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 […]

Published on: 14. February 201311. January 2021

Unisex – and what else?

Insurers are beating the drum for year-end business and advertising early unisex solutions. However, some intermediaries have a completely different problem. Particularly in the day-to-day business and in compensation, things are really sticking. portfolio international explains how the biggest pitfalls in everyday sales can be avoided. Shortly before Christmas, a more than 100-year-old practice of […]

Phone:	+49 (0)89 – 17 90 90 – 0
Skype:	Dr. Johannes Fiala PhD
Fax:	+49 (0)89 – 17 90 90 – 70
E-Mail:	info(at)fiala.de

Recommendation

Recommendation

Recommendation

Recommendation

Recommendation

Recommendation

Recommendation

Recommendation

Recommendation

Recommendation