From the series of newsletters of the DHBW (Baden-Wuerttemberg Cooperative State University) Heidenheim on the topic “Mediation Law in Practice”:<\/p>\n
At this point, lawyer Dr. Johannes Fiala, https:\/\/fiala4instalive.instawp.xyz<\/a>, lecturer for insurance law at the DHBW Heidenheim, will answer your questions,<\/p>\n Your questions. Questions can be asked by emailing ott@dhbw-heidenheim.de<\/a>.<\/p>\n For insurance intermediaries there is a general obligation to document since 22.05.2007 (Implementation The record is a general piece of evidence in procedural law. The lawyer calls this “substantiated factual argument”. The intermediary of insurances and financial investments should not be confused by the fact that there is software which allegedly helps to create “intermediary protocols”, but in reality (e.g. via text modules) published on<\/p>\n www.dhbw-heidenheim.de<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"
\nof the EU Mediation Directive). This obligation was newly introduced for financial investment intermediaries (cf. \u00a7 34<\/a> f
\nGewO) at the beginning of 2013. Documentation is the orderly summary of the deliberations in the
\nConnection with the mediation, e.g. data of the interlocutors (customer, mediator),
\nPlace, times (from, to) and reason for the consultation(s), client wishes, as well as recommendation of the intermediary.
\nAn agent and broker should obtain a receipt from the client. If documentation is missing or
\nIf there are gaps in this, a court will, in case of doubt, consider this as evidence against the intermediary, until
\nto the reversal of the burden of proof. The importance and obligation to prepare documentation has been
\nunderlined by provisions on fines.<\/p>\n
\nInsurance brokers, in particular, have always made absolutely every call (not just consultations)
\nrecorded in it. This can also be done as a memo or memorial record. The content is intended to
\nMap the course of conversations, especially the customer’s reactions to instruction and advice,
\nfrom which it is evident that the customer had also understood them in terms of content. If the customer has an alleged
\nand claims damages, can only be submitted to the court with a protocol.
\ncredibly present the reality of life at that time.<\/p>\n
\nat most helps to prepare documentation. In practice, a simple template created in a word processor is sufficient for documentation and protocols.
\nhttps:\/\/www.suega.de\/wir\/bgh.html<\/a><\/p>\n\n