– Judgement LG Aachen: Private health insurance and privately insured persons often only owe statutory health insurance prices – Dentists joke about their patients “The earnings from a total renovation have been enough for generations to buy a new swimming pool”. However, a new ruling by the Aachen Regional Court (Ref. 11 O 367/10 […]
Artikel zum Thema: Compensation
Commission-free net policies: The additional remuneration agreement can be revoked
The German Federal Supreme Court (BGH, ruling of 12 December 2013, file no. III ZR 124/13) decided that not only a broker but also an insurance agent can be promised a remuneration by his customer for brokering a life insurance policy with a net policy. Capital investors and medium-sized companies are increasingly taking advantage of […]
Additional remuneration agreement can be revoked
The German Federal Supreme Court (BGH, ruling of 12 December 2013, file no. III ZR 124/13) decided that not only a broker but also an insurance agent can be promised a remuneration by his customer for brokering a life insurance policy with a net policy. Capital investors and medium-sized companies are increasingly taking advantage of […]
Net policies: additional remuneration agreement may be revoked
If a net policy is brokered, additional remuneration may be agreed. In the guest article, Dr. Johannes Fiala and Peter Schramm shed light on the conditions under which this must be paid even in the event of premature termination of the contract. The German Federal Supreme Court (BGH, ruling of 12 December 2013, file no. […]
IDD: Feeding prohibited – Discounts according to landlord type
The IDD change in the law enables the granting of discounts for insurance and sales control according to the type of landlord. Dr. Johannes Fiala and Dipl.-Math. Peter A. Schramm explain why brokers must obviously be controlled by insurers. According to the “Draft Law on the Implementation of Directive (EU) 2016/97 of the European […]
Tariff change brokers provide prohibited legal advice – but not always!
– When is liability for damages and reimbursement of remuneration regularly incurred ? – The Regional Court (LG) Saarbrücken decided in its judgement of 17.05.2016 (Az. 14 O 152/15) that the search for savings possibilities with existing private health insurance (PKV) is not directed at the proof or mediation of an insurance contract, § 204 […]
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 […]
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 […]
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 […]
Expert: What extra services may a broker offer?
The area of additional services is a mined field for brokers. In an exclusive article for FONDS professionell ONLINE, attorney Johannes Fiala and actuary Peter Schramm cut some aisles for brokers. It is well known that brokers work on behalf of customers and are therefore also trustees who are supposed to represent customer interests. […]