– 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 […]
– 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 […]
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 […]
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 […]
– 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 […]
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 […]
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 […]
– 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 […]
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 […]
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 […]
