Company pension scheme: Out of the liability trap

A judgement with nasty consequences for many entrepreneurs: They have to answer for the coverage gaps if the contracts of their employees for the company pension scheme are void. Company bosses should ensure legal certainty as soon as possible. It all started quite unspectacularly – with a change of job, as happens for most employees […]

BGH: Surrender values also for fund policies

In case of non-transparent clauses in the contract The Federal Court of Justice (BGH) decided in a ruling of 26. 9. 2007 (Ref. IV ZR 321/05) (VersR 2007, 1547) that policyholders may be entitled to a minimum surrender value after termination – also in the case of unit-linked life insurance. The BGH points out that […]

BGH: In the case of unit-linked life insurance policies, insurance companies owe re-invoicing and subsequent payment.

– Insurance companies owe half of the “unzillmerized” fund balance in the case of unit-linked endowment life insurance-. Many people are too well brought up to speak with their mouths full; but they have no qualms about doing so with their heads empty. (Orson Welles)   Billions in additional claims for life insurance customers The […]

BAV-DOKTOR

Do you want to create or restructure a pension commitment? Independent consultants accompany you from the idea to the realisation – competently and seriously. On the one hand, we offer objective assistance in the legal and economic restructuring of pension commitments as well as in the preparation of new pension commitments. On the other hand, […]

Life insurance: calculation of surrender value

debts life insurance policies New billing and additional payment The BGH judgements of 12.10.2005 (Az. IV ZR 162/03, 177/03, 245/03) and the Constitutional Court with its decision of 26.07.2005 (file no. 1 BvR 80/95) massively influence the contracts of the Life insurers and the Billing practice for an existing Life Insurance. The BGH is in […]

Life insurance: calculation of surrender value

Life insurance: calculation of surrender value Life insurance companies owe re-bill and back pay – see also article on surrender value of life insurance policies The BGH judgements of 12.10.2005 (Ref. IV ZR 162/03, 177/03, 245/03) and the Constitutional Court with its decision of 26.07.2005 (Ref. 1 BvR 80/95) have a massive influence on the […]

BGH: In the case of unit-linked life insurance policies, insurance companies owe re-invoicing and additional payment

– Insurance companies owe half of the “unzillmerized” fund balance in the case of unit-linked endowment life insurance-. *by Dr. Johannes Fiala, Attorney at Law (Munich), MBA Financial Services (Univ.), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Lecturer for Civil and Insurance Law (BA Heidenheim, Univ. of Cooperative Education), (www.fiala.de) and Dipl.-.Math. Peter A. […]

Company pension scheme (bAV) through deferred compensation: 10 billion social security as liability potential for employers

Company pension scheme (bAV) through deferred compensation: 10 billion social security as liability potential for employers *by Dr. Johannes Fiala, Attorney at Law (Munich), MBA Financial Services (Univ.), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Lecturer for Civil and Insurance Law (BA Heidenheim, Univ. of Cooperative Education), (www.fiala.de) and Dipl.-.Math. Peter A. Schramm, expert […]

Company pension scheme: Employer’s obligation to offset losses in the case of deferred compensation

By Dr. Johannes Fiala and Thomas Keppel In the case of occupational pension schemes with deferred compensation, in the first contribution years the insurance company usually offsets the acquisition costs (e.g. brokerage commissions) against the premiums paid in. According to a recent ruling by the Munich Regional Labor Court (Landesarbeitsgericht – LAG), such agreements are […]