– Why everything is never insured against every conceivable risk – When an insurer describes its product as “all-risk insurance”, this sometimes resembles the advertising promise of “guarantee certificates”: A close examination of the policy terms and conditions may reveal it to be “marketing cheese with massive holes” in the insurance coverage Coverage […]
– When insurance brokers and agents are liable for the uninsured like insurers -. The German Insurance Association (GDV) puts the insured losses from the flood disaster in July at around €7bn. However, for damages that are not insured in whole or in part, the liability of the insurance intermediary, who often provides “support”, […]
– Why private health insurance (PKV) differently, and often less, than the health insurance (GKV) – The Federal Court of Justice ruled in its judgment of 11.03.2015 (Case No. IV ZR 54/14): “If an insured person pursues his professional activity at his previous workplace to a limited extent within the framework of a reintegration […]
– What insurance customers should pay particular attention to in the event of a claim? – The European Court of Human Rights ruled (judgment of 02.02.2016, ref. 7186/09) that a technically incorrect calculation method discriminatorily understates the disability pension. Due to an incorrect approach, the degree of disability had been reduced from 50% to […]
– Why policyholders wrongly go away empty-handed in whole or in part in the event of a claim – In the past, many customers were notified of changes to the General Insurance Conditions (AVB) that were invalid. In some cases, the insurers (VR) were forbidden by the courts, under threat of punishment, to refer […]
The Federal Court of Justice (BGH, ruling of 07.07.2020, ref. VI ZR 308/19) decided that an employed claims adjuster is (co-)liable in tort if he uses his alleged expertise for an injured party by exerting influence on the performance of third parties; § 823 I BGB. In the case in question, the injured party […]
The refusal of insurers to provide benefits due to corona-related plant closures continues to make big waves. Voluntary settlement offers for business closure insurance are being critically reviewed, and complaints from businesses are being investigated. The first litigation financiers appear on the scene. The restaurants may (soon) open again. However, not a day goes […]
Insolvency creditors normally have to register their claims in the table and can immediately write off up to more than 90%. The rate is often just above zero. Nevertheless, there are numerous exceptions to the rule of how to get your money despite the insolvency of the debtor. Maintenance obligations and intentional tort […]
– Why the waiver of full BSV benefits at the expense of the Employment Agency is void – Short-time work compensation (KUG) is a relief for employers – a business aid to keep employees available for the rapid ramp-up of operations after the crisis. An application to the Federal Employment Agency (Bundesagentur für Arbeit, BA) […]
Why training and sales managers are personally liable in private health insurance sales. An analysis by attorney Dr. Johannes Fiala and mathematician Peter A. Schramm. Landauf Landab insurance brokers, independent financial service providers and bank advisors complain that at sales events held by trainers, they actually only experience positive product features through colourful pictures, […]
